S.B. No. 2273
AN ACT
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2273 passed the Senate on
May 4, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2273 passed the House on
May 24, 2017, by the following vote: Yeas 137, Nays 9, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor