Texas 2017 - 85th Regular

Texas House Bill HB4323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R19819 AAF-F
2	2	By: Biedermann H.B. No. 4323
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Kendall County Water Control and
8	8	Improvement District No. 4; granting a limited power of eminent
9	9	domain; providing authority to issue bonds; providing authority to
10	10	impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 9074 to read as follows:
14	14	CHAPTER 9074. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
15	15	DISTRICT NO. 4
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 9074.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Kendall County Water Control
23	23	and Improvement District No. 4.
24	24	Sec. 9074.002. NATURE OF DISTRICT. The district is a water
25	25	control and improvement district created under Section 59, Article
26	26	XVI, Texas Constitution.
27	27	Sec. 9074.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 9074.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 9074.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 9074.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
38	38	The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a water control and improvement district as
41	41	provided by general law and Section 59, Article XVI, Texas
42	42	Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 9074.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 9074.051. GOVERNING BODY; TERMS. (a) The district is
62	62	governed by a board of five elected directors.
63	63	(b) Except as provided by Section 9074.052, directors serve
64	64	staggered four-year terms.
65	65	Sec. 9074.052. TEMPORARY DIRECTORS. (a) The temporary
66	66	board consists of:
67	67	(1) Stacy Keller-Lassiter;
68	68	(2) Doug Knell;
69	69	(3) Max Simpson;
70	70	(4) Victor Cummings; and
71	71	(5) Kenneth Myers.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 9074.003; or
75	75	(2) the fourth anniversary of the effective date of
76	76	the Act enacting this chapter.
77	77	(c) If permanent directors have not been elected under
78	78	Section 9074.003 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 9074.003; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 9074.101. GENERAL POWERS AND DUTIES. The district has
95	95	the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 9074.102. WATER CONTROL AND IMPROVEMENT DISTRICT
98	98	POWERS AND DUTIES. The district has the powers and duties provided
99	99	by the general law of this state, including Chapters 49 and 51,
100	100	Water Code, applicable to water control and improvement districts
101	101	created under Section 59, Article XVI, Texas Constitution.
102	102	Sec. 9074.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 9074.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
109	109	project must meet all applicable construction standards, zoning and
110	110	subdivision requirements, and regulations of each municipality in
111	111	whose corporate limits or extraterritorial jurisdiction the road
112	112	project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards, zoning and
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 9074.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	122	OR RESOLUTION. The district shall comply with all applicable
123	123	requirements of any ordinance or resolution that is adopted under
124	124	Section 42.042 or 42.0425, Local Government Code, and consents to
125	125	the creation of the district or to the inclusion of land in the
126	126	district.
127	127	Sec. 9074.106. DIVISION OF DISTRICT. (a) The district may
128	128	be divided into two or more new districts only if the district:
129	129	(1) has no outstanding bonded debt; and
130	130	(2) is not imposing ad valorem taxes.
131	131	(b) This chapter applies to any new district created by the
132	132	division of the district, and a new district has all the powers and
133	133	duties of the district.
134	134	(c) Any new district created by the division of the district
135	135	may not, at the time the new district is created, contain any land
136	136	outside the area described by Section 2 of the Act enacting this
137	137	chapter.
138	138	(d) The board, on its own motion or on receipt of a petition
139	139	signed by the owner or owners of a majority of the assessed value of
140	140	the real property in the district, may adopt an order dividing the
141	141	district.
142	142	(e) The board may adopt an order dividing the district
143	143	before or after the date the board holds an election under Section
144	144	9074.003 to confirm the district's creation.
145	145	(f) An order dividing the district shall:
146	146	(1) name each new district;
147	147	(2) include the metes and bounds description of the
148	148	territory of each new district;
149	149	(3) appoint temporary directors for each new district;
150	150	and
151	151	(4) provide for the division of assets and liabilities
152	152	between or among the new districts.
153	153	(g) On or before the 30th day after the date of adoption of
154	154	an order dividing the district, the district shall file the order
155	155	with the commission and record the order in the real property
156	156	records of each county in which the district is located.
157	157	(h) Any new district created by the division of the district
158	158	shall hold a confirmation and directors' election as required by
159	159	Section 9074.003.
160	160	(i) Any new district created by the division of the district
161	161	must hold an election as required by this chapter to obtain voter
162	162	approval before the district may impose a maintenance tax or issue
163	163	bonds payable wholly or partly from ad valorem taxes.
164	164	Sec. 9074.107. LIMITATION ON USE OF EMINENT DOMAIN. The
165	165	district may not exercise the power of eminent domain outside the
166	166	district boundaries to acquire a site or easement for:
167	167	(1) a recreational facility, as defined by Section
168	168	49.462, Water Code; or
169	169	(2) a road project authorized by Section 9074.103.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 9074.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
172	172	district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 9074.153.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 51, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 9074.152. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 9074.151, the district
186	186	may impose an operation and maintenance tax on taxable property in
187	187	the district in accordance with Section 49.107, Water Code.
188	188	(b) The board shall determine the tax rate. The rate may not
189	189	exceed the rate approved at the election.
190	190	Sec. 9074.153. CONTRACT TAXES. (a) In accordance with
191	191	Section 49.108, Water Code, the district may impose a tax other than
192	192	an operation and maintenance tax and use the revenue derived from
193	193	the tax to make payments under a contract after the provisions of
194	194	the contract have been approved by a majority of the district voters
195	195	voting at an election held for that purpose.
196	196	(b) A contract approved by the district voters may contain a
197	197	provision stating that the contract may be modified or amended by
198	198	the board without further voter approval.
199	199	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	200	Sec. 9074.201. AUTHORITY TO ISSUE BONDS AND OTHER
201	201	OBLIGATIONS. The district may issue bonds or other obligations
202	202	payable wholly or partly from ad valorem taxes, impact fees,
203	203	revenue, contract payments, grants, or other district money, or any
204	204	combination of those sources, to pay for any authorized district
205	205	purpose.
206	206	Sec. 9074.202. TAXES FOR BONDS. At the time the district
207	207	issues bonds payable wholly or partly from ad valorem taxes, the
208	208	board shall provide for the annual imposition of a continuing
209	209	direct ad valorem tax, without limit as to rate or amount, while all
210	210	or part of the bonds are outstanding as required and in the manner
211	211	provided by Section 51.433, Water Code.
212	212	Sec. 9074.203. BONDS FOR ROAD PROJECTS. At the time of
213	213	issuance, the total principal amount of bonds or other obligations
214	214	issued or incurred to finance road projects and payable from ad
215	215	valorem taxes may not exceed one-fourth of the assessed value of the
216	216	real property in the district.
217	217	SECTION 2. The Kendall County Water Control and Improvement
218	218	District No. 4 initially includes all the territory contained in
219	219	the following area:
220	220	Being 151.629 acres of land and being 98.165 acres out of the Miguel
221	221	Garcia Survey No. 213, Abstract No. 197 and 53.198 acres out of the
222	222	Juan Ortiz Survey No. 190, Abstract No. 363, Kendall County, Texas,
223	223	being that same 151.763 acre tract of land as conveyed by deed
224	224	recorded in Volume 1503, Page 560, Official Public Records of
225	225	Kendall County, Texas, Said 151.629 acres of land being more
226	226	particularly described by metes and bounds as follows:
227	227	BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way
228	228	line of State Highway No. 46 (100.00-foot wide right-of-way) at the
229	229	northwest corner of the called 151.763 acre tract, the northeast
230	230	corner of the remaining portion of a called 347.5 acre tract
231	231	recorded in Volume 62 Page 251, Deed Records of Kendall County,
232	232	Texas, said point being the northwest corner of the tract herein
233	233	described;
234	234	THENCE, along the south right-of-way line of State Highway No. 46,
235	235	the north boundary line of the called 151.763 acre tract, the
236	236	following courses and distances:
237	237	North 83°23'20" East, a distance of 1805.20 feet (North 83°45 East, a
238	238	distance of 1805.2 feet- record), to a 1/2" rebar with MDS cap set
239	239	for point of curvature of a curve to the left;
240	240	Curving to the left with a radius of 1482.34 feet (1482.34
241	241	feet-record), a central angle of 17°07'12" (17°07'-record), a chord
242	242	bearing and distance of North 74°49'43" East, 441.28 feet, and an
243	243	arc length of 442.93 feet (442.8 feet-record), to a 1/2" rebar with
244	244	MDS cap set for point of tangency;
245	245	North 66°16'07" East, a distance of 142.67 feet (North 66°51' East, a
246	246	distance of 142.2 feet- record), to a 1/2" rebar with MDS cap set at
247	247	the northeast corner of the called 151.763 acre tract, the
248	248	northwest corner of the remaining portion of a called 300 acre tract
249	249	recorded in Volume 65, Page 377, Deed Records of Kendall County,
250	250	Texas, said point being the northeast corner of the tract herein
251	251	described;
252	252	THENCE, departing the south right-of-way line of State Highway
253	253	No. 46, along the east boundary line of the called 151.763 acre
254	254	tract, the west boundary line of the remaining portion of the called
255	255	300 acre tract, the following courses and distances:
256	256	South 00°38'03" West, a distance of 771.60 feet (South 01°02' West, a
257	257	distance of 771.6 feet- record), to a 4" cedar fence post found for
258	258	angle point;
259	259	South 00°31'29" West, a distance of 441.37 feet, (South 00°55' West,
260	260	a distance of 440.2 feet- record), to a 6" cedar fence post found
261	261	for corner;
262	262	North 89°59'11" East, a distance of 253.59 feet, (South 89°35' East,
263	263	a distance of 252.4 feet - record), to a 4" cedar fence post found
264	264	for angle point;
265	265	South 89°55'19" East, a distance of 443.77 feet, (South 89°30' East,
266	266	a distance of 445.4 feet- record), to a 10" cedar fence post found
267	267	for corner;
268	268	South 00°13'00" West, a distance of 1959.06 feet, (South 00°37' West,
269	269	a distance of 1959.6 feet-record), to a 10" cedar fence post found
270	270	at the southeast corner of the called 151.763 acre tract, the
271	271	southwest corner of the remaining portion of the called 300 acre
272	272	tract, being in the north boundary line of a called 293.6 acre tract
273	273	recorded in Volume 63, Page 209, Deed Records of Kendall County,
274	274	Texas, said point being the southeast corner of the tract herein
275	275	described;
276	276	THENCE, along the south boundary line of the called 151.763 acre
277	277	tract, the north boundary line of the called 293.6 acre tract, the
278	278	following courses and distances:
279	279	North 88°47'20" West, a distance of 431.20 feet, (North 88°20' West,
280	280	a distance of 433.6 feet- record), to a 6" cedar fence post found
281	281	for angle point;
282	282	North 88°42'19" West, a distance of 1219.83 feet, (North 88°24' West,
283	283	a distance of 1218.1 feet-record), to a 1/2" rebar found at the
284	284	southwest corner of the called 151.763 acre tract, the northwest
285	285	corner of the called 293.6 acre tract, being in the east boundary
286	286	line of the remaining portion of a called 347.5 acre tract recorded
287	287	in Volume 62, Page 251, Deed Records of Kendall County, Texas, said
288	288	point being the southwest corner of the tract herein described;
289	289	THENCE, along the west boundary line of the called 151.763 acre
290	290	tract, the east boundary line of the remaining portion of the called
291	291	347.5 acre tract, the following courses and distances:
292	292	North 02°12'22" West, a distance of 60.45 feet, (North 01°56' West, a
293	293	distance of 61.1 feet- record), to a 6" cedar fence post found for
294	294	angle point;
295	295	North 00°26'13" West, a distance of 160.10 feet, (North 00°04' East,
296	296	a distance of 160.2 feet- record), to a 6" cedar fence post found
297	297	for angle point;
298	298	North 15°10'34" East, a distance of 159.00 feet, (North 15°34' East,
299	299	a distance of 159.2 feet- record), to a 6" cedar fence post found
300	300	for corner;
301	301	North 89°33'27" West, a distance of 432.92 feet, (North 89°11' West,
302	302	a distance of 433.9 feet- record), to a 1/2" rebar found for corner;
303	303	North 11°27'38" West, a distance of 311.00 feet, (North 11°08' West,
304	304	a distance of 311.0 feet- record), to a 1/2" rebar with MOS cap set
305	305	for angle point;
306	306	North 15°40'38" West, a distance of 61.30 feet, (North 15°21' West, a
307	307	distance of 61.3 feet- record), to a 1/2" rebar with MOS cap set for
308	308	angle point;
309	309	North 24°30'38" West, a distance of 52.70 feet, (North 24°11' West, a
310	310	distance of 52.7 feet- record), to a 1/2" rebar with MOS cap set for
311	311	angle point;
312	312	North 37°04'09" West, a distance of 277.35 feet, (North 36°34' West,
313	313	a distance of 279.3 feet- record), to a 4" cedar fence post found
314	314	for angle point;
315	315	North 35°05'53" West, a distance of 231.81 feet, (North 34°58' West,
316	316	a distance of 230.6 feet- record), to a 6" cedar fence post found
317	317	for angle point;
318	318	North 28°41'45" West, a distance of 287.05 feet, (North 28°15' West,
319	319	a distance of 287.1 feet- record), to a 6" cedar fence post found
320	320	for angle point;
321	321	North 27°47'44" West, a distance of 697.77 feet, (North 27°26' West,
322	322	a distance of 697.6 feet- record), to a 10" cedar fence post found
323	323	for angle point;
324	324	North 16°56'28" West, a distance of 168.46 feet, (North 16°55' West,
325	325	a distance of 169.0 feet- record), to a 10" cedar fence post found
326	326	for angle point;
327	327	North 07°27'01" West, a distance of 529.32 feet, (North 06°50' West,
328	328	a distance of 529.2 feet- record), to the POINT OF BEGINNING and
329	329	containing 151.629 acres of land, more or less.
330	330	Being 990.604 acres of land and being:
331	331	Tract 1, a called 347.5 acre tract of land out of the Juan Ortiz
332	332	Survey No. 190, Abstract No. 363, Kendall County, Texas, being that
333	333	same tract conveyed by deed recorded in Volume 62, Page 251, Deed
334	334	Records of Kendall County, Texas; save and except that certain 1.16
335	335	acre tract conveyed by deed to Kendall County for road widening
336	336	purposes recorded in Volume 66, Page 412, Deed Records of the
337	337	Kendall County, Texas;
338	338	Tract 2, a called 300 acre tract of land, being 194 acres out of the
339	339	Miguel Garcia Survey No. 213, Abstract No. 197, 84 acres out of the
340	340	A.M. Holbrook Survey No. 439, Abstract No. 263, and 22 acres out of
341	341	the C. Volk Survey No. 115, Abstract No. 673, Kendall County,
342	342	Texas, and being that same tract conveyed by deed recorded in Volume
343	343	65, Page 377, Deed Records of Kendall County, Texas, Volume 65, Page
344	344	378, Deed Records of Kendall County, Texas, and Volume 65, Page 380,
345	345	Deed Records of Kendall County, Texas; save and except that certain
346	346	2.24 acre tract conveyed by deed to Kendall County for road widening
347	347	purposes recorded in Volume 66, Page 413, Deed Records of the
348	348	Kendall County, Texas;
349	349	Tract 3, a called 67 acre tract of land out of the Juan Ortiz Survey
350	350	No. 190, Abstract No. 363, Kendall County, Texas, being that same
351	351	tract conveyed by deed recorded in Volume 63, Page 208, Deed Records
352	352	of Kendall County, Texas;
353	353	Tract 4, a called 293.6 acre tract of land, being 383.6 acres out of
354	354	the David Odom Survey No. 212, Abstract No. 371, and 30 acres out of
355	355	the Juan Ortiz Survey No. 190, Abstract 363, Kendall County, Texas,
356	356	and being that same tract described by deed recorded in Volume 63,
357	357	Page 209, Deed Records of Kendall County, Texas, save and except
358	358	that certain 120 acre tract of land recorded in Volume 63, Page 215,
359	359	Deed Records of the Kendall County, Texas;
360	360	Said 990.604 acres of land being more particularly described by
361	361	metes and bounds as follows:
362	362	BEGINNING at a 1/2" rebar with MDS cap set in the south right-of-way
363	363	line of State Highway No. 46 (100.00-foot wide right-of-way) at the
364	364	northwest corner of the remaining portion of the called 347.5 acre
365	365	tract, the southwest corner of a called 1.16 acre tract conveyed to
366	366	Kendall County for road widening purposes recorded in Volume 66,
367	367	Page 412, Deed Records of Kendall County, Texas, the northeast
368	368	corner of a called 8 acre tract recorded in Volume 409, Page 653,
369	369	Official Public Records of Kendall County, Texas, said point being
370	370	the northwest corner of the tract herein described;
371	371	THENCE, along the south right-of-way line of State Highway No. 46,
372	372	the north boundary line of the remaining portion of the called 347.5
373	373	acre tract, the following courses and distances:
374	374	North 57°02'12" East, a distance of 1259.87 feet (North 57°24' East,
375	375	a distance of 1265.5 feet- record), to a 1/2" rebar with MDS cap set
376	376	for point of curvature of a curve to the right;
377	377	Curving to the right with a radius of 5679.97 feet (5679.65
378	378	feet-record), a central angle of 4°55'00" (04°55'-record), a chord
379	379	bearing and distance of North 59°29'42" East, 487.26 feet, and an
380	380	arc length of 487.41 feet (487.4 feet-record), to a 1/2" rebar with
381	381	MDS cap set for point of tangency;
382	382	North 61 °57'12" East, a distance of 298.10 feet (North 62°19' East,
383	383	a distance of 298.10 feet- record), to a 1/2'' rebar with MDS cap set
384	384	for point of curvature of a curve to the right;
385	385	Curving to the right with a radius of 1382.39 feet (1382.69
386	386	feet-record), a central angle of 21°26'08" (21°24'-record), a chord
387	387	bearing and distance of North 72°40'16" East, 514.17 feet, and an
388	388	arc length of 517.18 feet (516.14 feet-record), to a 1/2" rebar with
389	389	MDS cap set for point of tangency;
390	390	North 83°23'20"' East, a distance of 194.60 feet (North 83°45
391	391	East-record), to a 1/2" rebar with MDS cap set at the northeast
392	392	corner of the remaining portion of the called 347.5 acre tract, the
393	393	northwest corner of a called 151.763 acre tract recorded in Volume
394	394	1503, Page 560, Official Public Records of Kendall County, Texas;
395	395	THENCE, departing the south right-of-way line of State Highway
396	396	No. 46, along the east boundary line of the remaining portion of the
397	397	called 347.5 acre tract, the west boundary line of the called
398	398	151.763 acre tract, the following courses and distances:
399	399	South 07°27'01" East, a distance of 529.32 feet, (South 06°50' East,
400	400	a distance of 529.2 feet- record), to a 10" cedar fence post found
401	401	for angle point;
402	402	South 16°56'28" East, a distance of 168.46 feet, (South 16°55' East,
403	403	a distance of 169.0 feet- record), to a 10" cedar fence post found
404	404	for angle point;
405	405	South 27°47'44" East, a distance of 697.77 feet, (South 27°26' East a
406	406	distance of 697.6 feet- record), to a 6" cedar fence post found for
407	407	angle point;
408	408	South 28°41'45" East, a distance of 287.05 feet, (South 28°15' East,
409	409	a distance of 287.1 feet- record), to a 6" cedar fence post found
410	410	for angle point;
411	411	South 35°05'53" East, a distance of 231.81 feet, (South 34°58' East,
412	412	a distance of 230.6- record), to a 4" cedar fence post found for
413	413	angle point;
414	414	South 37°04'09" East, a distance of 277.35 feet, (South 36°34' East,
415	415	a distance of 279.3 feet- record), to a 1/2" rebar with MDS cap set
416	416	for angle point;
417	417	South 24°30'38" East, a distance of 52.70 feet, (South 24°11' East, a
418	418	distance of 52.7-record), to a 1/2" rebar with MDS cap set for angle
419	419	point;
420	420	South 15°40'38" East, a distance of 61.30 feet, (South 15°21' East, a
421	421	distance of 61.3-record), to a 1/2" rebar with MDS cap set for angle
422	422	point;
423	423	South 11°27'38" East, a distance of 311.00 feet, (South 11°08' East,
424	424	a distance of 311 .0 feet- record), to a 1/2" rebar found for
425	425	corner;
426	426	South 89°33'27" East, a distance of 432.92 feet, (South 89°11' east,
427	427	a distance of 433.9 feet- record), to a 6" cedar fence post found
428	428	for corner;
429	429	South 15°10'34" West, a distance of 159.00 feet, (South 15°34' West,
430	430	a distance of 159 .2 feet- record), to a 6" cedar fence post found
431	431	for angle point;
432	432	South 00°26'13" East, a distance of 160.10 feet, (South 00°04' West,
433	433	a distance of 160 .2 feet- record), to a 6" cedar fence post found
434	434	for angle point;
435	435	South 02°12'22" East, a distance of 60.45 feet, (South 01°56' East, a
436	436	distance of 61.1 feet- record), to a 1/2" rebar found at the
437	437	southwest corner of the called 151.763 acre tract, the northwest
438	438	corner of a called 293.6 acre tract recorded in Volume 63, Page 209,
439	439	Deed Records of Kendall County, Texas;
440	440	THENCE, along the south boundary line of the called 151.763 acre
441	441	tract, the north boundary line of the called 293.6 acre tract, the
442	442	following courses and distances:
443	443	South 88°42'19" East, a distance of 1219.83 feet, (South 88°24' East,
444	444	a distance of 1218.1 feet - record), to a 6" cedar fence post found
445	445	for angle point;
446	446	South 88°47'20" East, a distance of 431.20 feet, (South 88°20' East,
447	447	a distance of 433.6 feet- record), to a 10" cedar fence post found
448	448	at the southeast corner of the called 151.763 acre tract, the
449	449	southwest corner of the remaining portion of the called 300 acre
450	450	tract;
451	451	THENCE, along the east boundary line of the called 151.763 acre
452	452	tract, the west boundary line of the remaining portion of the called
453	453	300 acre tract, the following courses and distances:
454	454	North 00°13'00" East, a distance of 1959.06 feet, (North 00°37' East,
455	455	a distance of 1959 .6 feet-record), to a 10" cedar fence post found
456	456	for corner;
457	457	North 89°55'19" West, a distance of 443.77 feet, (North 89°30' West,
458	458	a distance of 445.4 feet- record), to a 4" cedar fence post found
459	459	for angle point;
460	460	South 89°59'11" West, a distance of 253.59 feet, (North 89°35' West,
461	461	a distance of 252.4 feet - record), to a 6" cedar fence post found
462	462	for corner;
463	463	North 00°31'29" East, a distance of 441.37 feet, (North 00°55' East,
464	464	a distance of 440.2 feet- record), to a 4" cedar fence post found
465	465	for angle point;
466	466	North 00°38'03" East, a distance of 771.60 feet (North 01°02' East, a
467	467	distance of 771.6 feet- record), to a 1/2" rebar with MDS cap set in
468	468	the south right-of-way line of State Highway No. 46 at the
469	469	northeast corner of the called 151.763 acre tract, the northwest
470	470	corner of the remaining portion of the called 300 acre tract;
471	471	THENCE, along the south right-of-way line of State Highway No. 46,
472	472	the north boundary line of the remaining portion of the called 300
473	473	acre tract, North 66°16'07" East, a distance of 3817.90 feet (North
474	474	66°36' East-record), to a W' rebar with MDS cap set at the northeast
475	475	corner of the remaining portion of the called 300 acre tract, the
476	476	southeast corner of a called 2.24 acre tract conveyed to Kendall
477	477	County for road widening purposes recorded in Volume 66, Page 413,
478	478	Deed Records of Kendall County, Texas, the northwest corner of a
479	479	called 8.103 acre tract recorded in Volume 475, Page 778, Deed
480	480	Records of Kendall County, Texas;
481	481	THENCE, departing the south right-of-way line of State Highway
482	482	No. 46, along the east boundary line of the remaining portion of the
483	483	called 300 acre tract, the west boundary line of the called 8.103
484	484	acre tract, the west boundary line of a called 9.000 acre tract
485	485	recorded in Volume 1094, Page 1035, Official Public Records of
486	486	Kendall County, Texas, the west boundary line of a called 5.000 acre
487	487	tract recorded in Volume 488, Page 774, Official Public Records of
488	488	Kendall County, Texas, and the west boundary line of a called 6.000
489	489	acre tract recorded in Volume 446, Page 211, Official Public
490	490	Records of Kendall County, Texas, South 00°24'57" West, a distance
491	491	of 1532.05 feet (South 00°27'49" West, a distance of 1531.94
492	492	feet-record), to a 1/2" rebar found at the southwest corner of the
493	493	called 6.000 acre tract, the northwest corner of a called 97.358
494	494	acre tract recorded in Volume 241, Page 22, Deed Records of Kendall
495	495	County, Texas;
496	496	THENCE, continuing along the east boundary line of the remaining
497	497	portion of the called 300 acre tract, the west boundary line of the
498	498	called 97.358 acre tract, South 00°00'09" East, a distance of 468.01
499	499	feet (South 00°08'45" East, a distance of 468.07 feet-record), to a
500	500	1/2" rebar found for angle point;
501	501	THENCE, continuing along the east boundary line of the remaining
502	502	portion of the called 300 acre tract, the west boundary line of the
503	503	called 97.358 acre tract, South 00°24'40" West, a distance of
504	504	2771.22 feet (South 00°32'12" East, a distance of 2771.53
505	505	feet-record), to a 1/2" rebar found at the southeast corner of the
506	506	remaining portion of the called 300 acre tract, being an angle point
507	507	in the north boundary line of a called 41.91 acre tract recorded in
508	508	Volume 619, Page 173, Official Public Records of Kendall County,
509	509	Texas;
510	510	THENCE, along the south boundary line of the remaining portion of
511	511	the called 300 acre tract, the north boundary line of the called
512	512	41.91 acre tract, North 89°03'39" West, a distance of 885.87 feet
513	513	(North 88°56'28" West, a distance of 886.60 feet-record), to a 1/2"
514	514	rebar with MDS cap set at the northeast corner of the remaining
515	515	portion of the called 413.6 acre tract, the northwest corner of the
516	516	called 41.91 acre tract;
517	517	THENCE, along the east boundary line of the remaining portion of the
518	518	called 413.6 acre tract, the west boundary line of the called 41.91
519	519	acre tract, the following courses and distances:
520	520	South 02°28'57" East, a distance of 436.13 feet (South 02°25'58"
521	521	East, a distance of 436.13 feet -record), to a 1/2" rebar found for
522	522	angle point;
523	523	South 02°17'03"' East, a distance of 507.19 feet (South 02°08'19"
524	524	East, a distance of 507.23 feet-record), to a 1/2" rebar found for
525	525	angle point;
526	526	South 01°46'53" East, a distance of 738.18 (South 01°39'35" East, a
527	527	distance of 738.36 feet- record), to a 1/2" rebar found for an angle
528	528	point;
529	529	South 02°05'47" East, a distance of 30.48 feet (South 01°53'04" East,
530	530	a distance of 30.45 feet- record), to a 1/2" rebar found at the
531	531	southwest corner of the called 41.91 acre tract, the northwest
532	532	corner of a called 17.344 acre tract recorded in Volume 739, Page
533	533	752, Official Public Records of Kendall County, Texas;
534	534	THENCE, continuing along the east boundary line of the remaining
535	535	portion of the called 413.6 acre tract, the west boundary line of
536	536	the called 17.344 acre tract, the following courses and distances:
537	537	South 02°02'05" East, a distance of 397.23 feet (South 01°55'32"
538	538	East, a distance of 397.44 feet-record), to a 1/2" rebar found for
539	539	angle point;
540	540	South 03°58'20" East, a distance of 140.89 feet (South 03°53'00"
541	541	West, a distance of 140.81 feet-record), to a P.K. nail in rock
542	542	found for an angle point;
543	543	South 04°00'35" East, a distance of 169.12 (South 03°54'08" East, a
544	544	distance of 169.10 feet- record), to a 1/2" rebar found at the
545	545	southwest corner of the called 17.344 acre tract, the northwest
546	546	corner of a called 14.000 acre tract recorded in Volume 739, Page
547	547	752, Official Public Records of Kendall County, Texas;
548	548	THENCE, continuing along the east boundary line of the remaining
549	549	portion of the called 413.6 acre tract, the west boundary line of
550	550	the called 14.000, South 03°59'03" East, a distance of 598.44 feet
551	551	(South 03°54'08" East, a distance of 598.41 feet-record), to a 1/2"
552	552	rebar found at the southwest corner of the called 14.000 acre tract,
553	553	the northwest corner of a called 24.757 acre tract recorded in
554	554	Volume 621, Page 168, Official Public Records of Kendall County,
555	555	Texas;
556	556	THENCE, continuing along the east boundary line of the remaining
557	557	portion of the called 413.6 acre tract, the west boundary line of
558	558	the called 24.757, South 04°59'06" East, a distance of 473.65 feet
559	559	(South 04°51'06" East, a distance of 473.98 feet-record), to a P.K.
560	560	nail found at the southwest corner of the remaining portion of the
561	561	called 413.6 acre tract, the northeast corner of a called 185.416
562	562	acre tract recorded in Volume 292, Page 688, Deed Records of Kendall
563	563	County, Texas;
564	564	THENCE, along the south boundary line of the remaining portion of
565	565	the called 413.6 acre tract, the north boundary line of the called
566	566	185.416 acre tract, the following courses and distances:
567	567	North 88°02'17" West, a distance of 378.66 feet (North 88°22'35"
568	568	West, a distance of 378.80 feet-record), to a 1/2" rebar with MDS
569	569	cap set at the base of a 4" cedar fence post for angle point;
570	570	North 88°19'42" West, a distance of 1644.75 feet (North 88°34'35"
571	571	West, a distance of 1644.90 feet-record), to a 1/2" rebar with MDS
572	572	cap set at the base of a 4" cedar fence post for angle point;
573	573	North 88°24'29" West, a distance of 1491.14 feet (North 88°39' West,
574	574	a distance of 1490.65 feet-record), to a 1/2" rebar with MDS cap set
575	575	at the base of a 4" cedar fence post for angle point;
576	576	North 89°08'09" West, a distance of 168.14 feet (North 89°26'50"
577	577	West, a distance of 168.35 feet-record), to a P.K. nail set at the
578	578	base of a 10" cedar fence post for angle point;
579	579	South 29°52'11" West, a distance of 168.26 feet (South 29°43' West, a
580	580	distance of 167.60 feet-record), to a P.K. nail set at the base of a
581	581	8" cedar fence post at the southwest corner of the remaining portion
582	582	of the called 413.6 acre tract, the southeast corner of the
583	583	abovementioned 67 acre tract;
584	584	THENCE, along the south boundary line of the called 67 acre tract,
585	585	the north boundary line of the called 185.416 acre tract, the
586	586	following courses and distances:
587	587	North 89°45'50" West, a distance of 900.15 feet (North 89°58' West, a
588	588	distance of 900.90 feet-record), to a P.K. nail set at the base of
589	589	an 8" cedar fence post for angle point;
590	590	North 89°42'53" West, a distance of 183.99 feet (West, a distance of
591	591	183.95 feet-record), to a P.K. nail set at the base of a 10" cedar
592	592	fence post for angle point;
593	593	North 89°39'40" West, a distance of 322.30 feet (North 89°53'25"
594	594	West, a distance of 322.30 feet-record), to a P.K. nail at the base
595	595	of an 8" cedar fence post for the southwest corner of the called 67
596	596	acre tract;
597	597	THENCE, along the west boundary line of the called 67 acre tract,
598	598	the north boundary line of the called 185.416 acre tract, North
599	599	38°46'33" West, a distance of 1184.25 feet (North 38°57'50" West, a
600	600	distance of 1184.40 feet-record), to a 31" Live Oak tree found for
601	601	angle point, being an exterior corner of the called 185.416 acre
602	602	tract, an exterior corner of a called 185.358 acre tract recorded in
603	603	Volume 1271, Page 43, Official Public Records of Kendall County,
604	604	Texas;
605	605	THENCE, continuing along the west boundary line of the called 67
606	606	acre tract, an east boundary line of the called 185.358 acre tract,
607	607	North 39°44'52" West, a distance of 671.46 feet (North 40°04'15"
608	608	West, a distance of 671.15 feet-record), to a 1/2" rebar with MDS
609	609	cap set at the base of an 8" cedar fence post for the northwest
610	610	corner of the called 67 acre tract, the northeast corner of the
611	611	called 185.358 acre tract, being in the south boundary line of the
612	612	remaining portion of the abovementioned 347.5 acre tract;
613	613	THENCE, along the south boundary line of the remaining portion of
614	614	the called 347.5 acre tract, the north boundary line of the called
615	615	185.358 acre tract, the following courses and distances:
616	616	South 89°54'46" West, a distance of 1050.36 feet (North 88°42'30"
617	617	West, a distance of 1050.40 feet-record), to a 1/2" rebar with MDS
618	618	cap set at the base of a 6" cedar fence post for angle point;
619	619	North 84°35'37" West, a distance of 130.05 feet (North 84°45' West, a
620	620	distance of 130.55 feet-record), to 12" cedar fence post found at
621	621	the southwest corner of the remaining portion of the called 347.5
622	622	acre tract, the southeast corner of the remaining portion of a
623	623	called 85.656 acre tract recorded in Volume 665, Page 736 Official
624	624	Public Records of Kendall County, Texas;
625	625	THENCE, along the west boundary line of the remaining portion of the
626	626	called 347.5 acre tract, the east boundary line of the called 85.656
627	627	acre tract North 00°09'51" West, a distance of 1140.53 feet (North
628	628	00°06'41" East, a distance of 1141.24 feet-record), to a 1/2'' rebar
629	629	found at the southeast corner of the abovementioned 8 acre tract for
630	630	an angle point;
631	631	THENCE, continuing along the west boundary line of the remaining
632	632	portion of the called 347.5 acre tract, the east boundary line of
633	633	the called 8 acre tract North 00°11'13" West, a distance of 2520.53
634	634	feet North 00"06'41" East, a distance of 2519.34 feet-record), to
635	635	the POINT OF BEGINNING and containing 990.604 acres
636	636	SECTION 3. (a) The legal notice of the intention to
637	637	introduce this Act, setting forth the general substance of this
638	638	Act, has been published as provided by law, and the notice and a
639	639	copy of this Act have been furnished to all persons, agencies,
640	640	officials, or entities to which they are required to be furnished
641	641	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
642	642	Government Code.
643	643	(b) The governor, one of the required recipients, has
644	644	submitted the notice and Act to the Texas Commission on
645	645	Environmental Quality.
646	646	(c) The Texas Commission on Environmental Quality has filed
647	647	its recommendations relating to this Act with the governor, the
648	648	lieutenant governor, and the speaker of the house of
649	649	representatives within the required time.
650	650	(d) All requirements of the constitution and laws of this
651	651	state and the rules and procedures of the legislature with respect
652	652	to the notice, introduction, and passage of this Act are fulfilled
653	653	and accomplished.
654	654	SECTION 4. (a) Section 9074.107, Special District Local
655	655	Laws Code, as added by Section 1 of this Act, takes effect only if
656	656	this Act receives a two-thirds vote of all the members elected to
657	657	each house.
658	658	(b) If this Act does not receive a two-thirds vote of all the
659	659	members elected to each house, Subchapter C, Chapter 9074, Special
660	660	District Local Laws Code, as added by Section 1 of this Act, is
661	661	amended by adding Section 9074.107 to read as follows:
662	662	Sec. 9074.107. NO EMINENT DOMAIN POWER. The district may
663	663	not exercise the power of eminent domain.
664	664	(c) This section is not intended to be an expression of a
665	665	legislative interpretation of the requirements of Section 17(c),
666	666	Article I, Texas Constitution.
667	667	SECTION 5. This Act takes effect immediately if it receives
668	668	a vote of two-thirds of all the members elected to each house, as
669	669	provided by Section 39, Article III, Texas Constitution. If this
670	670	Act does not receive the vote necessary for immediate effect, this
671	671	Act takes effect September 1, 2017.