Bill Text: TX HB4323 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of the Kendall County Water Control and Improvement District No. 4; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-24 - Recommendations filed with the Speaker [HB4323 Detail]
Download: Texas-2017-HB4323-Introduced.html
| 85R19819 AAF-F | ||
| By: Biedermann | H.B. No. 4323 | |
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| relating to the creation of the Kendall County Water Control and | ||
| Improvement District No. 4; granting a limited power of eminent | ||
| domain; providing authority to issue bonds; providing authority to | ||
| impose assessments, fees, and taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle I, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 9074 to read as follows: | ||
| CHAPTER 9074. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT | ||
| DISTRICT NO. 4 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 9074.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Kendall County Water Control | ||
| and Improvement District No. 4. | ||
| Sec. 9074.002. NATURE OF DISTRICT. The district is a water | ||
| control and improvement district created under Section 59, Article | ||
| XVI, Texas Constitution. | ||
| Sec. 9074.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 9074.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 9074.003 | ||
| until each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located has | ||
| consented by ordinance or resolution to the creation of the | ||
| district and to the inclusion of land in the district. | ||
| Sec. 9074.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
| The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a water control and improvement district as | ||
| provided by general law and Section 59, Article XVI, Texas | ||
| Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 9074.006. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 2 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake made in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to issue any type of bond for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on a bond; | ||
| (3) right to impose a tax; or | ||
| (4) legality or operation. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 9074.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 9074.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 9074.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Stacy Keller-Lassiter; | ||
| (2) Doug Knell; | ||
| (3) Max Simpson; | ||
| (4) Victor Cummings; and | ||
| (5) Kenneth Myers. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 9074.003; or | ||
| (2) the fourth anniversary of the effective date of | ||
| the Act enacting this chapter. | ||
| (c) If permanent directors have not been elected under | ||
| Section 9074.003 and the terms of the temporary directors have | ||
| expired, successor temporary directors shall be appointed or | ||
| reappointed as provided by Subsection (d) to serve terms that | ||
| expire on the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 9074.003; or | ||
| (2) the fourth anniversary of the date of the | ||
| appointment or reappointment. | ||
| (d) If Subsection (c) applies, the owner or owners of a | ||
| majority of the assessed value of the real property in the district | ||
| may submit a petition to the commission requesting that the | ||
| commission appoint as successor temporary directors the five | ||
| persons named in the petition. The commission shall appoint as | ||
| successor temporary directors the five persons named in the | ||
| petition. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 9074.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 9074.102. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
| POWERS AND DUTIES. The district has the powers and duties provided | ||
| by the general law of this state, including Chapters 49 and 51, | ||
| Water Code, applicable to water control and improvement districts | ||
| created under Section 59, Article XVI, Texas Constitution. | ||
| Sec. 9074.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 9074.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 9074.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution that is adopted under | ||
| Section 42.042 or 42.0425, Local Government Code, and consents to | ||
| the creation of the district or to the inclusion of land in the | ||
| district. | ||
| Sec. 9074.106. DIVISION OF DISTRICT. (a) The district may | ||
| be divided into two or more new districts only if the district: | ||
| (1) has no outstanding bonded debt; and | ||
| (2) is not imposing ad valorem taxes. | ||
| (b) This chapter applies to any new district created by the | ||
| division of the district, and a new district has all the powers and | ||
| duties of the district. | ||
| (c) Any new district created by the division of the district | ||
| may not, at the time the new district is created, contain any land | ||
| outside the area described by Section 2 of the Act enacting this | ||
| chapter. | ||
| (d) The board, on its own motion or on receipt of a petition | ||
| signed by the owner or owners of a majority of the assessed value of | ||
| the real property in the district, may adopt an order dividing the | ||
| district. | ||
| (e) The board may adopt an order dividing the district | ||
| before or after the date the board holds an election under Section | ||
| 9074.003 to confirm the district's creation. | ||
| (f) An order dividing the district shall: | ||
| (1) name each new district; | ||
| (2) include the metes and bounds description of the | ||
| territory of each new district; | ||
| (3) appoint temporary directors for each new district; | ||
| and | ||
| (4) provide for the division of assets and liabilities | ||
| between or among the new districts. | ||
| (g) On or before the 30th day after the date of adoption of | ||
| an order dividing the district, the district shall file the order | ||
| with the commission and record the order in the real property | ||
| records of each county in which the district is located. | ||
| (h) Any new district created by the division of the district | ||
| shall hold a confirmation and directors' election as required by | ||
| Section 9074.003. | ||
| (i) Any new district created by the division of the district | ||
| must hold an election as required by this chapter to obtain voter | ||
| approval before the district may impose a maintenance tax or issue | ||
| bonds payable wholly or partly from ad valorem taxes. | ||
| Sec. 9074.107. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
| district may not exercise the power of eminent domain outside the | ||
| district boundaries to acquire a site or easement for: | ||
| (1) a recreational facility, as defined by Section | ||
| 49.462, Water Code; or | ||
| (2) a road project authorized by Section 9074.103. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 9074.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
| district may issue, without an election, bonds and other | ||
| obligations secured by: | ||
| (1) revenue other than ad valorem taxes; or | ||
| (2) contract payments described by Section 9074.153. | ||
| (b) The district must hold an election in the manner | ||
| provided by Chapters 49 and 51, Water Code, to obtain voter approval | ||
| before the district may impose an ad valorem tax or issue bonds | ||
| payable from ad valorem taxes. | ||
| (c) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 9074.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 9074.151, the district | ||
| may impose an operation and maintenance tax on taxable property in | ||
| the district in accordance with Section 49.107, Water Code. | ||
| (b) The board shall determine the tax rate. The rate may not | ||
| exceed the rate approved at the election. | ||
| Sec. 9074.153. CONTRACT TAXES. (a) In accordance with | ||
| Section 49.108, Water Code, the district may impose a tax other than | ||
| an operation and maintenance tax and use the revenue derived from | ||
| the tax to make payments under a contract after the provisions of | ||
| the contract have been approved by a majority of the district voters | ||
| voting at an election held for that purpose. | ||
| (b) A contract approved by the district voters may contain a | ||
| provision stating that the contract may be modified or amended by | ||
| the board without further voter approval. | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 9074.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. The district may issue bonds or other obligations | ||
| payable wholly or partly from ad valorem taxes, impact fees, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for any authorized district | ||
| purpose. | ||
| Sec. 9074.202. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Section 51.433, Water Code. | ||
| Sec. 9074.203. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| SECTION 2. The Kendall County Water Control and Improvement | ||
| District No. 4 initially includes all the territory contained in | ||
| the following area: | ||
| Being 151.629 acres of land and being 98.165 acres out of the Miguel | ||
| Garcia Survey No. 213, Abstract No. 197 and 53.198 acres out of the | ||
| Juan Ortiz Survey No. 190, Abstract No. 363, Kendall County, Texas, | ||
| being that same 151.763 acre tract of land as conveyed by deed | ||
| recorded in Volume 1503, Page 560, Official Public Records of | ||
| Kendall County, Texas, Said 151.629 acres of land being more | ||
| particularly described by metes and bounds as follows: | ||
| BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way | ||
| line of State Highway No. 46 (100.00-foot wide right-of-way) at the | ||
| northwest corner of the called 151.763 acre tract, the northeast | ||
| corner of the remaining portion of a called 347.5 acre tract | ||
| recorded in Volume 62 Page 251, Deed Records of Kendall County, | ||
| Texas, said point being the northwest corner of the tract herein | ||
| described; | ||
| THENCE, along the south right-of-way line of State Highway No. 46, | ||
| the north boundary line of the called 151.763 acre tract, the | ||
| following courses and distances: | ||
| North 83°23'20" East, a distance of 1805.20 feet (North 83°45 East, a | ||
| distance of 1805.2 feet- record), to a 1/2" rebar with MDS cap set | ||
| for point of curvature of a curve to the left; | ||
| Curving to the left with a radius of 1482.34 feet (1482.34 | ||
| feet-record), a central angle of 17°07'12" (17°07'-record), a chord | ||
| bearing and distance of North 74°49'43" East, 441.28 feet, and an | ||
| arc length of 442.93 feet (442.8 feet-record), to a 1/2" rebar with | ||
| MDS cap set for point of tangency; | ||
| North 66°16'07" East, a distance of 142.67 feet (North 66°51' East, a | ||
| distance of 142.2 feet- record), to a 1/2" rebar with MDS cap set at | ||
| the northeast corner of the called 151.763 acre tract, the | ||
| northwest corner of the remaining portion of a called 300 acre tract | ||
| recorded in Volume 65, Page 377, Deed Records of Kendall County, | ||
| Texas, said point being the northeast corner of the tract herein | ||
| described; | ||
| THENCE, departing the south right-of-way line of State Highway | ||
| No. 46, along the east boundary line of the called 151.763 acre | ||
| tract, the west boundary line of the remaining portion of the called | ||
| 300 acre tract, the following courses and distances: | ||
| South 00°38'03" West, a distance of 771.60 feet (South 01°02' West, a | ||
| distance of 771.6 feet- record), to a 4" cedar fence post found for | ||
| angle point; | ||
| South 00°31'29" West, a distance of 441.37 feet, (South 00°55' West, | ||
| a distance of 440.2 feet- record), to a 6" cedar fence post found | ||
| for corner; | ||
| North 89°59'11" East, a distance of 253.59 feet, (South 89°35' East, | ||
| a distance of 252.4 feet - record), to a 4" cedar fence post found | ||
| for angle point; | ||
| South 89°55'19" East, a distance of 443.77 feet, (South 89°30' East, | ||
| a distance of 445.4 feet- record), to a 10" cedar fence post found | ||
| for corner; | ||
| South 00°13'00" West, a distance of 1959.06 feet, (South 00°37' West, | ||
| a distance of 1959.6 feet-record), to a 10" cedar fence post found | ||
| at the southeast corner of the called 151.763 acre tract, the | ||
| southwest corner of the remaining portion of the called 300 acre | ||
| tract, being in the north boundary line of a called 293.6 acre tract | ||
| recorded in Volume 63, Page 209, Deed Records of Kendall County, | ||
| Texas, said point being the southeast corner of the tract herein | ||
| described; | ||
| THENCE, along the south boundary line of the called 151.763 acre | ||
| tract, the north boundary line of the called 293.6 acre tract, the | ||
| following courses and distances: | ||
| North 88°47'20" West, a distance of 431.20 feet, (North 88°20' West, | ||
| a distance of 433.6 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| North 88°42'19" West, a distance of 1219.83 feet, (North 88°24' West, | ||
| a distance of 1218.1 feet-record), to a 1/2" rebar found at the | ||
| southwest corner of the called 151.763 acre tract, the northwest | ||
| corner of the called 293.6 acre tract, being in the east boundary | ||
| line of the remaining portion of a called 347.5 acre tract recorded | ||
| in Volume 62, Page 251, Deed Records of Kendall County, Texas, said | ||
| point being the southwest corner of the tract herein described; | ||
| THENCE, along the west boundary line of the called 151.763 acre | ||
| tract, the east boundary line of the remaining portion of the called | ||
| 347.5 acre tract, the following courses and distances: | ||
| North 02°12'22" West, a distance of 60.45 feet, (North 01°56' West, a | ||
| distance of 61.1 feet- record), to a 6" cedar fence post found for | ||
| angle point; | ||
| North 00°26'13" West, a distance of 160.10 feet, (North 00°04' East, | ||
| a distance of 160.2 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| North 15°10'34" East, a distance of 159.00 feet, (North 15°34' East, | ||
| a distance of 159.2 feet- record), to a 6" cedar fence post found | ||
| for corner; | ||
| North 89°33'27" West, a distance of 432.92 feet, (North 89°11' West, | ||
| a distance of 433.9 feet- record), to a 1/2" rebar found for corner; | ||
| North 11°27'38" West, a distance of 311.00 feet, (North 11°08' West, | ||
| a distance of 311.0 feet- record), to a 1/2" rebar with MOS cap set | ||
| for angle point; | ||
| North 15°40'38" West, a distance of 61.30 feet, (North 15°21' West, a | ||
| distance of 61.3 feet- record), to a 1/2" rebar with MOS cap set for | ||
| angle point; | ||
| North 24°30'38" West, a distance of 52.70 feet, (North 24°11' West, a | ||
| distance of 52.7 feet- record), to a 1/2" rebar with MOS cap set for | ||
| angle point; | ||
| North 37°04'09" West, a distance of 277.35 feet, (North 36°34' West, | ||
| a distance of 279.3 feet- record), to a 4" cedar fence post found | ||
| for angle point; | ||
| North 35°05'53" West, a distance of 231.81 feet, (North 34°58' West, | ||
| a distance of 230.6 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| North 28°41'45" West, a distance of 287.05 feet, (North 28°15' West, | ||
| a distance of 287.1 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| North 27°47'44" West, a distance of 697.77 feet, (North 27°26' West, | ||
| a distance of 697.6 feet- record), to a 10" cedar fence post found | ||
| for angle point; | ||
| North 16°56'28" West, a distance of 168.46 feet, (North 16°55' West, | ||
| a distance of 169.0 feet- record), to a 10" cedar fence post found | ||
| for angle point; | ||
| North 07°27'01" West, a distance of 529.32 feet, (North 06°50' West, | ||
| a distance of 529.2 feet- record), to the POINT OF BEGINNING and | ||
| containing 151.629 acres of land, more or less. | ||
| Being 990.604 acres of land and being: | ||
| Tract 1, a called 347.5 acre tract of land out of the Juan Ortiz | ||
| Survey No. 190, Abstract No. 363, Kendall County, Texas, being that | ||
| same tract conveyed by deed recorded in Volume 62, Page 251, Deed | ||
| Records of Kendall County, Texas; save and except that certain 1.16 | ||
| acre tract conveyed by deed to Kendall County for road widening | ||
| purposes recorded in Volume 66, Page 412, Deed Records of the | ||
| Kendall County, Texas; | ||
| Tract 2, a called 300 acre tract of land, being 194 acres out of the | ||
| Miguel Garcia Survey No. 213, Abstract No. 197, 84 acres out of the | ||
| A.M. Holbrook Survey No. 439, Abstract No. 263, and 22 acres out of | ||
| the C. Volk Survey No. 115, Abstract No. 673, Kendall County, | ||
| Texas, and being that same tract conveyed by deed recorded in Volume | ||
| 65, Page 377, Deed Records of Kendall County, Texas, Volume 65, Page | ||
| 378, Deed Records of Kendall County, Texas, and Volume 65, Page 380, | ||
| Deed Records of Kendall County, Texas; save and except that certain | ||
| 2.24 acre tract conveyed by deed to Kendall County for road widening | ||
| purposes recorded in Volume 66, Page 413, Deed Records of the | ||
| Kendall County, Texas; | ||
| Tract 3, a called 67 acre tract of land out of the Juan Ortiz Survey | ||
| No. 190, Abstract No. 363, Kendall County, Texas, being that same | ||
| tract conveyed by deed recorded in Volume 63, Page 208, Deed Records | ||
| of Kendall County, Texas; | ||
| Tract 4, a called 293.6 acre tract of land, being 383.6 acres out of | ||
| the David Odom Survey No. 212, Abstract No. 371, and 30 acres out of | ||
| the Juan Ortiz Survey No. 190, Abstract 363, Kendall County, Texas, | ||
| and being that same tract described by deed recorded in Volume 63, | ||
| Page 209, Deed Records of Kendall County, Texas, save and except | ||
| that certain 120 acre tract of land recorded in Volume 63, Page 215, | ||
| Deed Records of the Kendall County, Texas; | ||
| Said 990.604 acres of land being more particularly described by | ||
| metes and bounds as follows: | ||
| BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way | ||
| line of State Highway No. 46 (100.00-foot wide right-of-way) at the | ||
| northwest corner of the remaining portion of the called 347.5 acre | ||
| tract, the southwest corner of a called 1.16 acre tract conveyed to | ||
| Kendall County for road widening purposes recorded in Volume 66, | ||
| Page 412, Deed Records of Kendall County, Texas, the northeast | ||
| corner of a called 8 acre tract recorded in Volume 409, Page 653, | ||
| Official Public Records of Kendall County, Texas, said point being | ||
| the northwest corner of the tract herein described; | ||
| THENCE, along the south right-of-way line of State Highway No. 46, | ||
| the north boundary line of the remaining portion of the called 347.5 | ||
| acre tract, the following courses and distances: | ||
| North 57°02'12" East, a distance of 1259.87 feet (North 57°24' East, | ||
| a distance of 1265.5 feet- record), to a 1/2" rebar with MDS cap set | ||
| for point of curvature of a curve to the right; | ||
| Curving to the right with a radius of 5679.97 feet (5679.65 | ||
| feet-record), a central angle of 4°55'00" (04°55'-record), a chord | ||
| bearing and distance of North 59°29'42" East, 487.26 feet, and an | ||
| arc length of 487.41 feet (487.4 feet-record), to a 1/2" rebar with | ||
| MDS cap set for point of tangency; | ||
| North 61 °57'12" East, a distance of 298.10 feet (North 62°19' East, | ||
| a distance of 298.10 feet- record), to a 1/2'' rebar with MDS cap set | ||
| for point of curvature of a curve to the right; | ||
| Curving to the right with a radius of 1382.39 feet (1382.69 | ||
| feet-record), a central angle of 21°26'08" (21°24'-record), a chord | ||
| bearing and distance of North 72°40'16" East, 514.17 feet, and an | ||
| arc length of 517.18 feet (516.14 feet-record), to a 1/2" rebar with | ||
| MDS cap set for point of tangency; | ||
| North 83°23'20"' East, a distance of 194.60 feet (North 83°45 | ||
| East-record), to a 1/2" rebar with MDS cap set at the northeast | ||
| corner of the remaining portion of the called 347.5 acre tract, the | ||
| northwest corner of a called 151.763 acre tract recorded in Volume | ||
| 1503, Page 560, Official Public Records of Kendall County, Texas; | ||
| THENCE, departing the south right-of-way line of State Highway | ||
| No. 46, along the east boundary line of the remaining portion of the | ||
| called 347.5 acre tract, the west boundary line of the called | ||
| 151.763 acre tract, the following courses and distances: | ||
| South 07°27'01" East, a distance of 529.32 feet, (South 06°50' East, | ||
| a distance of 529.2 feet- record), to a 10" cedar fence post found | ||
| for angle point; | ||
| South 16°56'28" East, a distance of 168.46 feet, (South 16°55' East, | ||
| a distance of 169.0 feet- record), to a 10" cedar fence post found | ||
| for angle point; | ||
| South 27°47'44" East, a distance of 697.77 feet, (South 27°26' East a | ||
| distance of 697.6 feet- record), to a 6" cedar fence post found for | ||
| angle point; | ||
| South 28°41'45" East, a distance of 287.05 feet, (South 28°15' East, | ||
| a distance of 287.1 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| South 35°05'53" East, a distance of 231.81 feet, (South 34°58' East, | ||
| a distance of 230.6- record), to a 4" cedar fence post found for | ||
| angle point; | ||
| South 37°04'09" East, a distance of 277.35 feet, (South 36°34' East, | ||
| a distance of 279.3 feet- record), to a 1/2" rebar with MDS cap set | ||
| for angle point; | ||
| South 24°30'38" East, a distance of 52.70 feet, (South 24°11' East, a | ||
| distance of 52.7-record), to a 1/2" rebar with MDS cap set for angle | ||
| point; | ||
| South 15°40'38" East, a distance of 61.30 feet, (South 15°21' East, a | ||
| distance of 61.3-record), to a 1/2" rebar with MDS cap set for angle | ||
| point; | ||
| South 11°27'38" East, a distance of 311.00 feet, (South 11°08' East, | ||
| a distance of 311 .0 feet- record), to a 1/2" rebar found for | ||
| corner; | ||
| South 89°33'27" East, a distance of 432.92 feet, (South 89°11' east, | ||
| a distance of 433.9 feet- record), to a 6" cedar fence post found | ||
| for corner; | ||
| South 15°10'34" West, a distance of 159.00 feet, (South 15°34' West, | ||
| a distance of 159 .2 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| South 00°26'13" East, a distance of 160.10 feet, (South 00°04' West, | ||
| a distance of 160 .2 feet- record), to a 6" cedar fence post found | ||
| for angle point; | ||
| South 02°12'22" East, a distance of 60.45 feet, (South 01°56' East, a | ||
| distance of 61.1 feet- record), to a 1/2" rebar found at the | ||
| southwest corner of the called 151.763 acre tract, the northwest | ||
| corner of a called 293.6 acre tract recorded in Volume 63, Page 209, | ||
| Deed Records of Kendall County, Texas; | ||
| THENCE, along the south boundary line of the called 151.763 acre | ||
| tract, the north boundary line of the called 293.6 acre tract, the | ||
| following courses and distances: | ||
| South 88°42'19" East, a distance of 1219.83 feet, (South 88°24' East, | ||
| a distance of 1218.1 feet - record), to a 6" cedar fence post found | ||
| for angle point; | ||
| South 88°47'20" East, a distance of 431.20 feet, (South 88°20' East, | ||
| a distance of 433.6 feet- record), to a 10" cedar fence post found | ||
| at the southeast corner of the called 151.763 acre tract, the | ||
| southwest corner of the remaining portion of the called 300 acre | ||
| tract; | ||
| THENCE, along the east boundary line of the called 151.763 acre | ||
| tract, the west boundary line of the remaining portion of the called | ||
| 300 acre tract, the following courses and distances: | ||
| North 00°13'00" East, a distance of 1959.06 feet, (North 00°37' East, | ||
| a distance of 1959 .6 feet-record), to a 10" cedar fence post found | ||
| for corner; | ||
| North 89°55'19" West, a distance of 443.77 feet, (North 89°30' West, | ||
| a distance of 445.4 feet- record), to a 4" cedar fence post found | ||
| for angle point; | ||
| South 89°59'11" West, a distance of 253.59 feet, (North 89°35' West, | ||
| a distance of 252.4 feet - record), to a 6" cedar fence post found | ||
| for corner; | ||
| North 00°31'29" East, a distance of 441.37 feet, (North 00°55' East, | ||
| a distance of 440.2 feet- record), to a 4" cedar fence post found | ||
| for angle point; | ||
| North 00°38'03" East, a distance of 771.60 feet (North 01°02' East, a | ||
| distance of 771.6 feet- record), to a 1/2" rebar with MDS cap set in | ||
| the south right-of-way line of State Highway No. 46 at the | ||
| northeast corner of the called 151.763 acre tract, the northwest | ||
| corner of the remaining portion of the called 300 acre tract; | ||
| THENCE, along the south right-of-way line of State Highway No. 46, | ||
| the north boundary line of the remaining portion of the called 300 | ||
| acre tract, North 66°16'07" East, a distance of 3817.90 feet (North | ||
| 66°36' East-record), to a W' rebar with MDS cap set at the northeast | ||
| corner of the remaining portion of the called 300 acre tract, the | ||
| southeast corner of a called 2.24 acre tract conveyed to Kendall | ||
| County for road widening purposes recorded in Volume 66, Page 413, | ||
| Deed Records of Kendall County, Texas, the northwest corner of a | ||
| called 8.103 acre tract recorded in Volume 475, Page 778, Deed | ||
| Records of Kendall County, Texas; | ||
| THENCE, departing the south right-of-way line of State Highway | ||
| No. 46, along the east boundary line of the remaining portion of the | ||
| called 300 acre tract, the west boundary line of the called 8.103 | ||
| acre tract, the west boundary line of a called 9.000 acre tract | ||
| recorded in Volume 1094, Page 1035, Official Public Records of | ||
| Kendall County, Texas, the west boundary line of a called 5.000 acre | ||
| tract recorded in Volume 488, Page 774, Official Public Records of | ||
| Kendall County, Texas, and the west boundary line of a called 6.000 | ||
| acre tract recorded in Volume 446, Page 211, Official Public | ||
| Records of Kendall County, Texas, South 00°24'57" West, a distance | ||
| of 1532.05 feet (South 00°27'49" West, a distance of 1531.94 | ||
| feet-record), to a 1/2" rebar found at the southwest corner of the | ||
| called 6.000 acre tract, the northwest corner of a called 97.358 | ||
| acre tract recorded in Volume 241, Page 22, Deed Records of Kendall | ||
| County, Texas; | ||
| THENCE, continuing along the east boundary line of the remaining | ||
| portion of the called 300 acre tract, the west boundary line of the | ||
| called 97.358 acre tract, South 00°00'09" East, a distance of 468.01 | ||
| feet (South 00°08'45" East, a distance of 468.07 feet-record), to a | ||
| 1/2" rebar found for angle point; | ||
| THENCE, continuing along the east boundary line of the remaining | ||
| portion of the called 300 acre tract, the west boundary line of the | ||
| called 97.358 acre tract, South 00°24'40" West, a distance of | ||
| 2771.22 feet (South 00°32'12" East, a distance of 2771.53 | ||
| feet-record), to a 1/2" rebar found at the southeast corner of the | ||
| remaining portion of the called 300 acre tract, being an angle point | ||
| in the north boundary line of a called 41.91 acre tract recorded in | ||
| Volume 619, Page 173, Official Public Records of Kendall County, | ||
| Texas; | ||
| THENCE, along the south boundary line of the remaining portion of | ||
| the called 300 acre tract, the north boundary line of the called | ||
| 41.91 acre tract, North 89°03'39" West, a distance of 885.87 feet | ||
| (North 88°56'28" West, a distance of 886.60 feet-record), to a 1/2" | ||
| rebar with MDS cap set at the northeast corner of the remaining | ||
| portion of the called 413.6 acre tract, the northwest corner of the | ||
| called 41.91 acre tract; | ||
| THENCE, along the east boundary line of the remaining portion of the | ||
| called 413.6 acre tract, the west boundary line of the called 41.91 | ||
| acre tract, the following courses and distances: | ||
| South 02°28'57" East, a distance of 436.13 feet (South 02°25'58" | ||
| East, a distance of 436.13 feet -record), to a 1/2" rebar found for | ||
| angle point; | ||
| South 02°17'03"' East, a distance of 507.19 feet (South 02°08'19" | ||
| East, a distance of 507.23 feet-record), to a 1/2" rebar found for | ||
| angle point; | ||
| South 01°46'53" East, a distance of 738.18 (South 01°39'35" East, a | ||
| distance of 738.36 feet- record), to a 1/2" rebar found for an angle | ||
| point; | ||
| South 02°05'47" East, a distance of 30.48 feet (South 01°53'04" East, | ||
| a distance of 30.45 feet- record), to a 1/2" rebar found at the | ||
| southwest corner of the called 41.91 acre tract, the northwest | ||
| corner of a called 17.344 acre tract recorded in Volume 739, Page | ||
| 752, Official Public Records of Kendall County, Texas; | ||
| THENCE, continuing along the east boundary line of the remaining | ||
| portion of the called 413.6 acre tract, the west boundary line of | ||
| the called 17.344 acre tract, the following courses and distances: | ||
| South 02°02'05" East, a distance of 397.23 feet (South 01°55'32" | ||
| East, a distance of 397.44 feet-record), to a 1/2" rebar found for | ||
| angle point; | ||
| South 03°58'20" East, a distance of 140.89 feet (South 03°53'00" | ||
| West, a distance of 140.81 feet-record), to a P.K. nail in rock | ||
| found for an angle point; | ||
| South 04°00'35" East, a distance of 169.12 (South 03°54'08" East, a | ||
| distance of 169.10 feet- record), to a 1/2" rebar found at the | ||
| southwest corner of the called 17.344 acre tract, the northwest | ||
| corner of a called 14.000 acre tract recorded in Volume 739, Page | ||
| 752, Official Public Records of Kendall County, Texas; | ||
| THENCE, continuing along the east boundary line of the remaining | ||
| portion of the called 413.6 acre tract, the west boundary line of | ||
| the called 14.000, South 03°59'03" East, a distance of 598.44 feet | ||
| (South 03°54'08" East, a distance of 598.41 feet-record), to a 1/2" | ||
| rebar found at the southwest corner of the called 14.000 acre tract, | ||
| the northwest corner of a called 24.757 acre tract recorded in | ||
| Volume 621, Page 168, Official Public Records of Kendall County, | ||
| Texas; | ||
| THENCE, continuing along the east boundary line of the remaining | ||
| portion of the called 413.6 acre tract, the west boundary line of | ||
| the called 24.757, South 04°59'06" East, a distance of 473.65 feet | ||
| (South 04°51'06" East, a distance of 473.98 feet-record), to a P.K. | ||
| nail found at the southwest corner of the remaining portion of the | ||
| called 413.6 acre tract, the northeast corner of a called 185.416 | ||
| acre tract recorded in Volume 292, Page 688, Deed Records of Kendall | ||
| County, Texas; | ||
| THENCE, along the south boundary line of the remaining portion of | ||
| the called 413.6 acre tract, the north boundary line of the called | ||
| 185.416 acre tract, the following courses and distances: | ||
| North 88°02'17" West, a distance of 378.66 feet (North 88°22'35" | ||
| West, a distance of 378.80 feet-record), to a 1/2" rebar with MDS | ||
| cap set at the base of a 4" cedar fence post for angle point; | ||
| North 88°19'42" West, a distance of 1644.75 feet (North 88°34'35" | ||
| West, a distance of 1644.90 feet-record), to a 1/2" rebar with MDS | ||
| cap set at the base of a 4" cedar fence post for angle point; | ||
| North 88°24'29" West, a distance of 1491.14 feet (North 88°39' West, | ||
| a distance of 1490.65 feet-record), to a 1/2" rebar with MDS cap set | ||
| at the base of a 4" cedar fence post for angle point; | ||
| North 89°08'09" West, a distance of 168.14 feet (North 89°26'50" | ||
| West, a distance of 168.35 feet-record), to a P.K. nail set at the | ||
| base of a 10" cedar fence post for angle point; | ||
| South 29°52'11" West, a distance of 168.26 feet (South 29°43' West, a | ||
| distance of 167.60 feet-record), to a P.K. nail set at the base of a | ||
| 8" cedar fence post at the southwest corner of the remaining portion | ||
| of the called 413.6 acre tract, the southeast corner of the | ||
| abovementioned 67 acre tract; | ||
| THENCE, along the south boundary line of the called 67 acre tract, | ||
| the north boundary line of the called 185.416 acre tract, the | ||
| following courses and distances: | ||
| North 89°45'50" West, a distance of 900.15 feet (North 89°58' West, a | ||
| distance of 900.90 feet-record), to a P.K. nail set at the base of | ||
| an 8" cedar fence post for angle point; | ||
| North 89°42'53" West, a distance of 183.99 feet (West, a distance of | ||
| 183.95 feet-record), to a P.K. nail set at the base of a 10" cedar | ||
| fence post for angle point; | ||
| North 89°39'40" West, a distance of 322.30 feet (North 89°53'25" | ||
| West, a distance of 322.30 feet-record), to a P.K. nail at the base | ||
| of an 8" cedar fence post for the southwest corner of the called 67 | ||
| acre tract; | ||
| THENCE, along the west boundary line of the called 67 acre tract, | ||
| the north boundary line of the called 185.416 acre tract, North | ||
| 38°46'33" West, a distance of 1184.25 feet (North 38°57'50" West, a | ||
| distance of 1184.40 feet-record), to a 31" Live Oak tree found for | ||
| angle point, being an exterior corner of the called 185.416 acre | ||
| tract, an exterior corner of a called 185.358 acre tract recorded in | ||
| Volume 1271, Page 43, Official Public Records of Kendall County, | ||
| Texas; | ||
| THENCE, continuing along the west boundary line of the called 67 | ||
| acre tract, an east boundary line of the called 185.358 acre tract, | ||
| North 39°44'52" West, a distance of 671.46 feet (North 40°04'15" | ||
| West, a distance of 671.15 feet-record), to a 1/2" rebar with MDS | ||
| cap set at the base of an 8" cedar fence post for the northwest | ||
| corner of the called 67 acre tract, the northeast corner of the | ||
| called 185.358 acre tract, being in the south boundary line of the | ||
| remaining portion of the abovementioned 347.5 acre tract; | ||
| THENCE, along the south boundary line of the remaining portion of | ||
| the called 347.5 acre tract, the north boundary line of the called | ||
| 185.358 acre tract, the following courses and distances: | ||
| South 89°54'46" West, a distance of 1050.36 feet (North 88°42'30" | ||
| West, a distance of 1050.40 feet-record), to a 1/2" rebar with MDS | ||
| cap set at the base of a 6" cedar fence post for angle point; | ||
| North 84°35'37" West, a distance of 130.05 feet (North 84°45' West, a | ||
| distance of 130.55 feet-record), to 12" cedar fence post found at | ||
| the southwest corner of the remaining portion of the called 347.5 | ||
| acre tract, the southeast corner of the remaining portion of a | ||
| called 85.656 acre tract recorded in Volume 665, Page 736 Official | ||
| Public Records of Kendall County, Texas; | ||
| THENCE, along the west boundary line of the remaining portion of the | ||
| called 347.5 acre tract, the east boundary line of the called 85.656 | ||
| acre tract North 00°09'51" West, a distance of 1140.53 feet (North | ||
| 00°06'41" East, a distance of 1141.24 feet-record), to a 1/2'' rebar | ||
| found at the southeast corner of the abovementioned 8 acre tract for | ||
| an angle point; | ||
| THENCE, continuing along the west boundary line of the remaining | ||
| portion of the called 347.5 acre tract, the east boundary line of | ||
| the called 8 acre tract North 00°11'13" West, a distance of 2520.53 | ||
| feet North 00"06'41" East, a distance of 2519.34 feet-record), to | ||
| the POINT OF BEGINNING and containing 990.604 acres | ||
| 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, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) 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 are fulfilled | ||
| and accomplished. | ||
| SECTION 4. (a) Section 9074.107, Special District Local | ||
| Laws Code, as added by Section 1 of this Act, takes effect only if | ||
| this Act receives a two-thirds vote of all the members elected to | ||
| each house. | ||
| (b) If this Act does not receive a two-thirds vote of all the | ||
| members elected to each house, Subchapter C, Chapter 9074, Special | ||
| District Local Laws Code, as added by Section 1 of this Act, is | ||
| amended by adding Section 9074.107 to read as follows: | ||
| Sec. 9074.107. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (c) This section is not intended to be an expression of a | ||
| legislative interpretation of the requirements of Section 17(c), | ||
| Article I, Texas Constitution. | ||
| SECTION 5. 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, 2017. | ||
