Bill Text: TX SB914 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Kendall County Water Control and Improvement District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-06-09 - Effective immediately [SB914 Detail]

Download: Texas-2017-SB914-Comm_Sub.html

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By: Campbell S.B. No. 914
(In the Senate - Filed February 15, 2017; February 28, 2017,
read first time and referred to Committee on Intergovernmental
Relations; April 19, 2017, reported favorably by the following
vote: Yeas 6, Nays 0, 1 present not voting; April 19, 2017, sent to
printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Kendall County Water Control and
Improvement District No. 3; 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 9072 to read as follows:
CHAPTER 9072. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9072.001. 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. 3.
Sec. 9072.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9072.003. 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. 9072.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 9072.003
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. 9072.005. 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. 9072.006. 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. 9072.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9072.052, directors serve
staggered four-year terms.
Sec. 9072.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) R. Hunt Winton III;
(2) Chad H. Foster Jr.;
(3) David Sawtelle;
(4) Craig Leeder; and
(5) Zach Feller.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9072.003; 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 9072.003 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 9072.003; 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. 9072.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9072.102. 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. 9072.103. 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. 9072.104. 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. 9072.105. 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. 9072.106. 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
9072.003 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 Texas Commission on Environmental Quality 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 9072.003.
(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. 9072.107. 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 9072.103.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9072.151. 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 9072.153.
(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. 9072.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9072.151, 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. 9072.153. 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. 9072.201. 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. 9072.202. 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. 9072.203. 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. 3 initially includes all the territory contained in
the following area:
BEGINNING, AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWESTERLY
CORNER OF SAID 203.026 ACRE TRACT SITUATED ON THE EASTERLY LINE OF
SAID 390.8354 ACRE TRACT, FOR THE SOUTHWESTERLY CORNER OF LOT 7,
BLUEGRASS SUBDIVISION RECORDED IN VOLUME 1 PAGE 259, PLAT RECORDS,
KENDALL COUNTY, TEXAS;
THENCE, N 88° 43' 53" E, ALONG THE COMMON NORTHERLY LINE OF
SAID 203.026 ACRE TRACT, THE SOUTHERLY LINE OF SAID BLUEGRASS
SUBDIVISION AND THE SOUTHERLY LINE OF THAT CERTAIN 11.939 ACRE
TRACT CONVEYED TO JOSEPH F. ALDERETE AND SUNNIE G. ALDERETE, VOLUME
13181 PAGE 686, OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS, A
DISTANCE OF 2403.97 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
SOUTHEASTERLY CORNER OF SAID 11.939 ACRE TRACT AND THE
SOUTHWESTERLY CORNER OF SAID 11.411 ACRE TRACT FOR AN INTERIOR ELL
CORNER OF THIS TRACT;
THENCE, N 01° 58' 14" E, ALONG THE COMMON EASTERLY LINE OF SAID
11.939 ACRE TRACT AND THE WESTERLY LINE OF SAID 11.411 ACRE TRACT, A
DISTANCE OF 563.88 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "SHERWOOD SURVEYING" SITUATED ON THE
SOUTHWESTERLY LINE OF SPRING HILL DRIVE FOR THE NORTHWESTERLY
CORNER OF SAID 11.411 ACRE TRACT AND A NORTHERLY CORNER OF THIS
TRACT;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SPRING HILL DRIVE AND
THE NORTHEASTERLY LINE OF SAID 11.411 ACRE TRACT, THE FOLLOWING
COURSES;
S 85° 54' 52" E, A DISTANCE OF 90.13 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
CORNER;
S 81° 18' 20" E, A DISTANCE OF 159.61 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
S 35° 30' 11" E, A DISTANCE OF 96.80 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
S 63° 01' 09" E, A DISTANCE OF 209.90 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
S 52° 37' 18" E, A DISTANCE OF 160.01 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
CORNER;
S 26° 32' 38" E, A DISTANCE OF 525.06 FEET TO A FOUND 1/2 INCH
IRON ROD AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE
OF SPRING HILL DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF VALERIE
LANE FOR A NORTHEASTERLY CORNER OF THIS TRACT;
THENCE, ALONG THE COMMON NORTHERLY AND EASTERLY LINE OF
VALERIE LANE AND THE SOUTHEASTERLY LINE OF SAID 11.411 ACRE TRACT,
THE FOLLOWING COURSES:
N 89° 20' 05" W, A DISTANCE OF 241.15 FEET TO A 1/2 INCH IRON
ROD FOUND FOR A CORNER OF THIS TRACT;
S 01° 04' 09" E, A DISTANCE OF 224.75 FEET TO A FOUND PK NAIL
FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 2.00 ACRE TRACT
DESCRIBED AS A SAVE AND EXCEPT TRACT IN VOLUME 1145, PAGE 349
OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS;
THENCE, S 89° 29' 44" W, ALONG THE NORTHERLY LINE OF SAID 2.00
ACRE TRACT, A DISTANCE OF 367.05 FEET TO A FOUND 1/2 INCH IRON ROD
FOR THE NORTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR
ELL CORNER OF THIS TRACT;
THENCE, S 00° 13' 21" E, ALONG THE WESTERLY LINE OF SAID 2.00
ACRE TRACT, A DISTANCE OF 236.47 FEET TO A FOUND 8 INCH WOOD POST FOR
THE SOUTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR ELL
CORNER OF THIS TRACT;
THENCE, N 89° 47' 41" E, ALONG THE SOUTHERLY LINE OF SAID 2.00
ACRE TRACT, A DISTANCE OF 365.48 FEET TO A FOUND 6 INCH CEDAR POST
SITUATED ON THE WESTERLY LINE OF VALERIE LANE FOR THE SOUTHEASTERLY
CORNER OF SAID 2.00 ACRE TRACT AND A CORNER OF THIS TRACT;
THENCE, S 00° 10' 18" W, ALONG THE COMMON WESTERLY LINE OF SAID
VALERIE LANE AND THE EASTERLY LINE OF SAID 203.026 ACRE TRACT, A
DISTANCE OF 2520.79 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "SHERWOOD SURVEYING" AT THE INTERSECTION OF THE
WESTERLY LINE OF VALERIE LANE AND THE NORTHERLY LINE OF COREY ROAD
FOR THE SOUTHEASTERLY CORNER OF THIS TRACT;
THENCE, ALONG THE COMMON SOUTHERLY LINE OF SAID 203.026 ACRE
TRACT, PARTIALLY ALONG THE SOUTHERLY LINE OF SAID 390.8354 ACRE
TRACT AND THE NORTHERLY LINE OF COREY ROAD, THE FOLLOWING COURSES;
S 89° 23' 37" W, A DISTANCE OF 2220.90 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
CORNER;
N 81° 11' 50" W, A DISTANCE OF 1868.37 FEET TO A FOUND 6 INCH
WOOD POST AT THE NORTHWESTERLY CORNER OF THE TERMINUS OF CORLEY
ROAD;
THENCE, S 01° 30' 22" E, ALONG THE WESTERLY TERMINUS OF CORLEY
ROAD, A DISTANCE OF 28.23 FEET TO A FOUND 3/4 INCH IRON ROD MARKING
THE NORTHWESTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE
EASTERLY LINE OF SAID 390.8354 ACRE TRACT;
THENCE, S 81° 24' 55" E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE
OF CORLEY ROAD, BEING THE NORTHERLY LINE OF SAID 76.957 ACRE TRACT,
A DISTANCE OF 1169.43 FEET TO A FOUND 6 INCH WOOD POST MARKING THE
NORTHEASTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE
NORTHWESTERLY CORNER OF THAT CERTAIN 5.794 ACRE TRACT CONVEYED TO
CAROLYN G. BIEDENHARN BY DEED OF RECORD IN VOLUME 1455, PAGE 283 OF
SAID OFFICIAL PUBLIC RECORDS;
THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF CORLEY
ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 76.957 ACRE TRACT AND
SAID 5.794 ACRE TRACT, THE FOLLOWING COURSES:
S 00° 14' 59" E, A DISTANCE OF 352.90 FEET TO A FOUND 6 INCH
WOOD POST;
S 66° 35' 17" W, A DISTANCE OF 55.14 FEET TO A FOUND 1/2 INCH
IRON ROD;
S 25° 31' 49" W, A DISTANCE OF 63.64 FEET TO A FOUND 6 INCH WOOD
POST;
S 00° 16' 44" E, A DISTANCE OF 181.07 FEET TO A FOUND 1/2 INCH
IRON ROD MARKING THE SOUTHWESTERLY CORNER OF SAID 5.794 ACRE TRACT;
N 88° 44' 30" E, A DISTANCE OF 616.61 FEET TO A FOUND 1/2 INCH
IRON ROD IN THE WESTERLY LINE OF AN EXISTING 1.418 ACRE ACCESS
EASEMENT OF RECORD IN VOLUME 8375, PAGE 676 OF SAID OFFICIAL PUBLIC
RECORDS, BEING AN EASTERLY CORNER OF SAID 76.957 ACRE TRACT;
THENCE, S 08° 49' 02" W, ALONG THE COMMON BOUNDARY LINE OF SAID
76.957 ACRE TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, A DISTANCE OF
1740.36 FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY
CORNER OF SAID 76.957 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF
SAID 40.0289 ACRE TRACT;
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 40.0289 ACRE
TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, THE FOLLOWING COURSES:
S 08° 45' 27" W, A DISTANCE OF 1711.94 FEET TO A FOUND 2 INCH
METAL POST;
S 28° 28' 37" W, A DISTANCE OF 48.72 FEET TO A 6 INCH WOOD POST
MARKING THE SOUTHEASTERLY CORNER OF SAID 40.0289 ACRE TRACT, BEING
THE NORTHEASTERLY CORNER OF SAID 2.1303 ACRE TRACT;
THENCE, S 27° 25' 24" W, ALONG THE SOUTHEASTERLY LINE OF SAID
2.1303 ACRE TRACT, A DISTANCE OF 133.99 FEET TO A FOUND "X" ON
CONCRETE DAM MARKING THE SOUTHERLY CORNER OF SAID 2.1303 ACRE
TRACT, BEING IN THE NORTHERLY LINE OF THAT CERTAIN REMAINDER OF
236.272 ACRE TRACT CONVEYED TO BALCONES CREEK, LTD. BY DEED OF
RECORD IN VOLUME 1194, PAGE 227 OF SAID OFFICIAL PUBLIC RECORDS;
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 2.1303 ACRE
TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, BEING THE
APPROXIMATE CENTERLINE OF BALCONES CREEK, THE FOLLOWING COURSES:
N 52° 10' 12" W, A DISTANCE OF 235.12 FEET TO A POINT;
N 42° 58' 10" W, A DISTANCE OF 452.26 FEET TO A POINT MARKING
THE NORTHEASTERLY CORNER OF SAID 97.23 ACRE TRACT;
THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE
TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, THE FOLLOWING
COURSES:
S 43° 26' 22" W, A DISTANCE OF 45.12 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
S 26° 12' 45" W, A DISTANCE OF 160.75 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
S 19° 12' 45" W, A DISTANCE OF 202.73 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
S 86° 10' 45" W, A DISTANCE OF 14.30 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
S 08° 50' 15" E, A DISTANCE OF 27.58 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
S 22° 15' 30" W, A DISTANCE OF 1741.52 FEET TO FOUND 1/2 INCH
IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHEASTERLY
CORNER OF SAID 97.23 ACRE TRACT;
S 89° 59' 22" W, A DISTANCE OF 1293.60 FEET TO A FOUND 1/2 INCH
IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHWESTERLY
CORNER OF SAID 97.23 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF
SAID REMAINDER OF 236.272 ACRE TRACT, SAME BEING IN THE EASTERLY
LINE OF THAT CERTAIN 186.360 ACRE TRACT CONVEYED TO ROBERT B. CALDER
BY DEED OF RECORD IN VOLUME 4632, PAGE 1394 OF SAID OFFICIAL PUBLIC
RECORDS FOR THE SOUTHERNMOST SOUTHWESTERLY CORNER HEREOF;
THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE
TRACT AND SAID 186.360 ACRE TRACT, THE FOLLOWING COURSES:
N 00° 18' 50" W, A DISTANCE OF 594.05 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 00° 08' 26" W, A DISTANCE OF 492.67 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 00° 05' 03" E, A DISTANCE OF 412.91 FEET A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 00° 15' 34" E, A DISTANCE OF 569.88 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 00° 26' 43" E, A DISTANCE OF 121.10 FEET TO A POINT IN THE
APPROXIMATE CENTERLINE OF BALCONES CREEK MARKING THE NORTHWESTERLY
CORNER OF SAID 97.23 ACRE TRACT AND BEING THE NORTHEASTERLY CORNER
OF SAID 186.360 ACRE TRACT, BEING A POINT IN THE SOUTHERLY LINE OF
THAT CERTAIN 36.430 ACRE TRACT CONVEYED TO STANLEY OWENS AND KATIE
A. OWENS BY DEED OF RECORD IN VOLUME 1428, PAGE 515 OF SAID OFFICIAL
PUBLIC RECORDS;
THENCE, S 70° 14' 35" E, ALONG THE COMMON BOUNDARY LINE OF SAID
36.430 ACRE TRACT AND SAID 97.23 ACRE TRACT, A DISTANCE OF 2.12 FEET
TO A POINT MARKING THE SOUTHWESTERLY CORNER OF SAID 1.0097 ACRE
TRACT AND THE SOUTHEASTERLY CORNER OF SAID 36.430 ACRE TRACT;
THENCE, N 00° 12' 33" W, ALONG THE EASTERLY LINE OF SAID 36.430
ACRE TRACT, BEING THE WESTERLY LINES OF SAID 1.0097 ACRE TRACT AND
SAID 390.8354 ACRE TRACT, A DISTANCE OF 1317.77 FEET TO A FOUND 1/2
INCH IRON ROD;
THENCE, N 00° 00' 45" W, ALONG THE EASTERLY LINE OF SAID 36.430
ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 95.268 ACRE TRACT
CONVEYED TO SUELTENFUSS RANCH LP BY DEED OF RECORD IN VOLUME 1135,
PAGE 820 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF
SAID 390.8354 ACRE TRACT, A DISTANCE OF 1460.15 FEET TO A FOUND 8
INCH WOOD POST MARKING THE NORTHEASTERLY CORNER OF SAID 95.268 ACRE
TRACT, BEING THE SOUTHEASTERLY CORNER OF SAID 62.886 ACRE TRACT;
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 95.268 ACRE
TRACT AND SAID 62.886 ACRE TRACT, THE FOLLOWING COURSES:
S 80° 52' 53" W, A DISTANCE OF 858.86 FEET TO A FOUND 8 INCH
WOOD POST;
N 85° 33' 03" W, A DISTANCE OF 980.80 FEET TO A FOUND 8 INCH
WOOD POST;
S 78° 21' 51" W, A DISTANCE OF 1594.30 FEET TO A FOUND 1/2 INCH
IRON ROD IN THE EASTERLY RIGHT-OF-WAY LINE OF UPPER BALCONES ROAD
FOR THE WESTERNMOST SOUTHWESTERLY CORNER HEREOF;
THENCE, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF UPPER
BALCONES ROAD, THE FOLLOWING COURSES:
N 21° 24' 28" W, A DISTANCE OF 702.03 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 10° 04' 11" W, A DISTANCE OF 69.72 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 08° 00' 25" W, A DISTANCE OF 297.59 FEET TO A FOUND 1/2 INCH
IRON ROD;
N 08° 10' 05" W, A DISTANCE OF 43.41 FEET TO A SET 1/2 INCH IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 03° 52' 51" W, A DISTANCE OF 107.16 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 03° 16' 49" W, A DISTANCE OF 119.06 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 00° 22' 45" W, A DISTANCE OF 151.30 FEET TO A SET 1/2 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
N 05° 31' 35" W, A DISTANCE OF 281.80 FEET TO A FOUND 1/2 INCH
IRON ROD;
N 05° 14' 21" W, A DISTANCE OF 491.54 FEET TO A FOUND 1/2 INCH
IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 31.823 ACRE
TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 96.338 ACRE
TRACT CONVEYED TO WILLIAM ROBERT SMITH III BY DEED OF RECORD IN
VOLUME 1365, PAGE 681 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE
WESTERNMOST NORTHWESTERLY CORNER HEREOF;
THENCE, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF UPPER
BALCONES ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 96.338 ACRE
TRACT AND SAID 31.823 ACRE TRACT, THE FOLLOWING COURSES:
N 84° 12' 22" E, A DISTANCE OF 488.79 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PFIEFFER SURVEY CAP;
S 89° 32' 02" E, A DISTANCE OF 1078.27 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PFIEFFER SURVEY CAP;
N 79° 52' 56" E, A DISTANCE OF 898.04 FEET TO A FOUND 1/2 INCH
IRON ROD WITH PFIEFFER SURVEY CAP MARKING THE NORTHEASTERLY CORNER
OF SAID 31.823 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF SAID
27.94 ACRE TRACT;
THENCE, N 73° 11' 05" E, ALONG THE COMMON BOUNDARY LINE OF SAID
96.338 ACRE TRACT AND SAID 27.94 ACRE TRACT, A DISTANCE OF 1400.68
FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY CORNER
OF SAID 96.338 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF SAID
27.94 ACRE TRACT, SAME BEING IN THE WESTERLY LINE OF SAID 390.8354
ACRE TRACT AND AN INTERIOR ELL CORNER HEREOF;
THENCE, N 00° 19' 46" E, ALONG THE EASTERLY LINES OF SAID
96.338 ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 183.328 ACRE
TRACT CONVEYED TO DOLORES ANN HOLMAN BY DEED OF RECORD IN VOLUME 92,
PAGE 259 OF SAID DEED RECORDS, BEING THE WESTERLY LINE OF SAID
390.8354 ACRE TRACT, A DISTANCE OF 2888.59 FEET TO A FOUND 1/2 INCH
IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 390.8354 ACRE
TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 40.592 ACRE
TRACT CONVEYED TO PATRICK EITTER AND SPOUSE GISELLE EITTER BY DEED
OF RECORD IN VOLUME 1381, PAGE 542 OF SAID OFFICIAL PUBLIC RECORDS,
FOR THE NORTHERNMOST NORTHWESTERLY CORNER HEREOF;
THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 390.8354 ACRE
TRACT AND SAID 40.592 ACRE TRACT, THE FOLLOWING COURSES:
S 89° 59' 55" E, A DISTANCE OF 377.50 FEET TO A FOUND 1/2 INCH
IRON ROD;
N 89° 38' 49" E, A DISTANCE OF 842.65 FEET TO A FOUND 1/2 INCH
IRON ROD;
S 89° 14' 25" E, A DISTANCE OF 1323.68 FEET TO A FOUND 1/2 INCH
IRON ROD MARKING THE NORTHWESTERLY CORNER OF LOT 6 OF SAID BLUEGRASS
SUBDIVISION, BEING THE NORTHEASTERLY CORNER OF SAID 390.8354 ACRE
TRACT;
THENCE, ALONG THE A PORTION OF THE COMMON BOUNDARY LINE OF
SAID 390.8354 ACRE TRACT AND SAID BLUEGRASS SUBDIVISION, THE
FOLLOWING COURSES:
S 00° 48' 52" E, A DISTANCE OF 753.20 FEET TO A FOUND 1/2 INCH
IRON ROD;
S 00° 50' 20" E, A DISTANCE OF 736.92 FEET TO THE POINT OF
BEGINNING, CONTAINING AN AREA OF 1012.262 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, 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 9072.107, 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 9072, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9072.107 to read as follows:
Sec. 9072.107. 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.
* * * * *