Texas 2017 - 85th Regular

Texas Senate Bill SB914 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Campbell S.B. No. 914
2		-	(Kuempel)
	1	+	S.B. No. 914
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the Kendall County Water Control and
8	6		Improvement District No. 3; granting a limited power of eminent
9	7		domain; providing authority to issue bonds; providing authority to
10	8		impose assessments, fees, and taxes.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle I, Title 6, Special District Local Laws
13	11		Code, is amended by adding Chapter 9072 to read as follows:
14	12		CHAPTER 9072. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
15	13		DISTRICT NO. 3
16	14		SUBCHAPTER A. GENERAL PROVISIONS
17	15		Sec. 9072.001. DEFINITIONS. In this chapter:
18	16		(1) "Board" means the district's board of directors.
19	17		(2) "Commission" means the Texas Commission on
20	18		Environmental Quality.
21	19		(3) "Director" means a board member.
22	20		(4) "District" means the Kendall County Water Control
23	21		and Improvement District No. 3.
24	22		Sec. 9072.002. NATURE OF DISTRICT. The district is a water
25	23		control and improvement district created under Section 59, Article
26	24		XVI, Texas Constitution.
27	25		Sec. 9072.003. CONFIRMATION AND DIRECTORS' ELECTION
28	26		REQUIRED. The temporary directors shall hold an election to
29	27		confirm the creation of the district and to elect five permanent
30	28		directors as provided by Section 49.102, Water Code.
31	29		Sec. 9072.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	30		temporary directors may not hold an election under Section 9072.003
33	31		until each municipality in whose corporate limits or
34	32		extraterritorial jurisdiction the district is located has
35	33		consented by ordinance or resolution to the creation of the
36	34		district and to the inclusion of land in the district.
37	35		Sec. 9072.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	36		(a) The district is created to serve a public purpose and benefit.
39	37		(b) The district is created to accomplish the purposes of:
40	38		(1) a water control and improvement district as
41	39		provided by general law and Section 59, Article XVI, Texas
42	40		Constitution; and
43	41		(2) Section 52, Article III, Texas Constitution, that
44	42		relate to the construction, acquisition, improvement, operation,
45	43		or maintenance of macadamized, graveled, or paved roads, or
46	44		improvements, including storm drainage, in aid of those roads.
47	45		Sec. 9072.006. INITIAL DISTRICT TERRITORY. (a) The
48	46		district is initially composed of the territory described by
49	47		Section 2 of the Act enacting this chapter.
50	48		(b) The boundaries and field notes contained in Section 2 of
51	49		the Act enacting this chapter form a closure. A mistake made in the
52	50		field notes or in copying the field notes in the legislative process
53	51		does not affect the district's:
54	52		(1) organization, existence, or validity;
55	53		(2) right to issue any type of bond for the purposes
56	54		for which the district is created or to pay the principal of and
57	55		interest on a bond;
58	56		(3) right to impose a tax; or
59	57		(4) legality or operation.
60	58		SUBCHAPTER B. BOARD OF DIRECTORS
61	59		Sec. 9072.051. GOVERNING BODY; TERMS. (a) The district is
62	60		governed by a board of five elected directors.
63	61		(b) Except as provided by Section 9072.052, directors serve
64	62		staggered four-year terms.
65	63		Sec. 9072.052. TEMPORARY DIRECTORS. (a) The temporary
66	64		board consists of:
67	65		(1) R. Hunt Winton III;
68	66		(2) Chad H. Foster Jr.;
69	67		(3) David Sawtelle;
70	68		(4) Craig Leeder; and
71	69		(5) Zach Feller.
72	70		(b) Temporary directors serve until the earlier of:
73	71		(1) the date permanent directors are elected under
74	72		Section 9072.003; or
75	73		(2) the fourth anniversary of the effective date of
76	74		the Act enacting this chapter.
77	75		(c) If permanent directors have not been elected under
78	76		Section 9072.003 and the terms of the temporary directors have
79	77		expired, successor temporary directors shall be appointed or
80	78		reappointed as provided by Subsection (d) to serve terms that
81	79		expire on the earlier of:
82	80		(1) the date permanent directors are elected under
83	81		Section 9072.003; or
84	82		(2) the fourth anniversary of the date of the
85	83		appointment or reappointment.
86	84		(d) If Subsection (c) applies, the owner or owners of a
87	85		majority of the assessed value of the real property in the district
88	86		may submit a petition to the commission requesting that the
89	87		commission appoint as successor temporary directors the five
90	88		persons named in the petition. The commission shall appoint as
91	89		successor temporary directors the five persons named in the
92	90		petition.
93	91		SUBCHAPTER C. POWERS AND DUTIES
94	92		Sec. 9072.101. GENERAL POWERS AND DUTIES. The district has
95	93		the powers and duties necessary to accomplish the purposes for
96	94		which the district is created.
97	95		Sec. 9072.102. WATER CONTROL AND IMPROVEMENT DISTRICT
98	96		POWERS AND DUTIES. The district has the powers and duties provided
99	97		by the general law of this state, including Chapters 49 and 51,
100	98		Water Code, applicable to water control and improvement districts
101	99		created under Section 59, Article XVI, Texas Constitution.
102	100		Sec. 9072.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	101		52, Article III, Texas Constitution, the district may design,
104	102		acquire, construct, finance, issue bonds for, improve, operate,
105	103		maintain, and convey to this state, a county, or a municipality for
106	104		operation and maintenance macadamized, graveled, or paved roads, or
107	105		improvements, including storm drainage, in aid of those roads.
108	106		Sec. 9072.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	107		road project must meet all applicable construction standards,
110	108		zoning and subdivision requirements, and regulations of each
111	109		municipality in whose corporate limits or extraterritorial
112	110		jurisdiction the road project is located.
113	111		(b) If a road project is not located in the corporate limits
114	112		or extraterritorial jurisdiction of a municipality, the road
115	113		project must meet all applicable construction standards, zoning and
116	114		subdivision requirements, and regulations of each county in which
117	115		the road project is located.
118	116		(c) If the state will maintain and operate the road, the
119	117		Texas Transportation Commission must approve the plans and
120	118		specifications of the road project.
121	119		Sec. 9072.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	120		OR RESOLUTION. The district shall comply with all applicable
123	121		requirements of any ordinance or resolution that is adopted under
124	122		Section 42.042 or 42.0425, Local Government Code, and consents to
125	123		the creation of the district or to the inclusion of land in the
126	124		district.
127	125		Sec. 9072.106. DIVISION OF DISTRICT. (a) The district may
128	126		be divided into two or more new districts only if the district:
129	127		(1) has no outstanding bonded debt; and
130	128		(2) is not imposing ad valorem taxes.
131	129		(b) This chapter applies to any new district created by the
132	130		division of the district, and a new district has all the powers and
133	131		duties of the district.
134	132		(c) Any new district created by the division of the district
135	133		may not, at the time the new district is created, contain any land
136	134		outside the area described by Section 2 of the Act enacting this
137	135		chapter.
138	136		(d) The board, on its own motion or on receipt of a petition
139	137		signed by the owner or owners of a majority of the assessed value of
140	138		the real property in the district, may adopt an order dividing the
141	139		district.
142	140		(e) The board may adopt an order dividing the district
143	141		before or after the date the board holds an election under Section
144	142		9072.003 to confirm the district's creation.
145	143		(f) An order dividing the district shall:
146	144		(1) name each new district;
147	145		(2) include the metes and bounds description of the
148	146		territory of each new district;
149	147		(3) appoint temporary directors for each new district;
150	148		and
151	149		(4) provide for the division of assets and liabilities
152	150		between or among the new districts.
153	151		(g) On or before the 30th day after the date of adoption of
154	152		an order dividing the district, the district shall file the order
155	153		with the Texas Commission on Environmental Quality and record the
156	154		order in the real property records of each county in which the
157	155		district is located.
158	156		(h) Any new district created by the division of the district
159	157		shall hold a confirmation and directors' election as required by
160	158		Section 9072.003.
161	159		(i) Any new district created by the division of the district
162	160		must hold an election as required by this chapter to obtain voter
163	161		approval before the district may impose a maintenance tax or issue
164	162		bonds payable wholly or partly from ad valorem taxes.
165	163		Sec. 9072.107. LIMITATION ON USE OF EMINENT DOMAIN. The
166	164		district may not exercise the power of eminent domain outside the
167	165		district boundaries to acquire a site or easement for:
168	166		(1) a recreational facility, as defined by Section
169	167		49.462, Water Code; or
170	168		(2) a road project authorized by Section 9072.103.
171	169		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	170		Sec. 9072.151. ELECTIONS REGARDING TAXES OR BONDS.
173	171		(a) The district may issue, without an election, bonds and other
174	172		obligations secured by:
175	173		(1) revenue other than ad valorem taxes; or
176	174		(2) contract payments described by Section 9072.153.
177	175		(b) The district must hold an election in the manner
178	176		provided by Chapters 49 and 51, Water Code, to obtain voter approval
179	177		before the district may impose an ad valorem tax or issue bonds
180	178		payable from ad valorem taxes.
181	179		(c) The district may not issue bonds payable from ad valorem
182	180		taxes to finance a road project unless the issuance is approved by a
183	181		vote of a two-thirds majority of the district voters voting at an
184	182		election held for that purpose.
185	183		Sec. 9072.152. OPERATION AND MAINTENANCE TAX. (a) If
186	184		authorized at an election held under Section 9072.151, the district
187	185		may impose an operation and maintenance tax on taxable property in
188	186		the district in accordance with Section 49.107, Water Code.
189	187		(b) The board shall determine the tax rate. The rate may not
190	188		exceed the rate approved at the election.
191	189		Sec. 9072.153. CONTRACT TAXES. (a) In accordance with
192	190		Section 49.108, Water Code, the district may impose a tax other than
193	191		an operation and maintenance tax and use the revenue derived from
194	192		the tax to make payments under a contract after the provisions of
195	193		the contract have been approved by a majority of the district voters
196	194		voting at an election held for that purpose.
197	195		(b) A contract approved by the district voters may contain a
198	196		provision stating that the contract may be modified or amended by
199	197		the board without further voter approval.
200	198		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	199		Sec. 9072.201. AUTHORITY TO ISSUE BONDS AND OTHER
202	200		OBLIGATIONS. The district may issue bonds or other obligations
203	201		payable wholly or partly from ad valorem taxes, impact fees,
204	202		revenue, contract payments, grants, or other district money, or any
205	203		combination of those sources, to pay for any authorized district
206	204		purpose.
207	205		Sec. 9072.202. TAXES FOR BONDS. At the time the district
208	206		issues bonds payable wholly or partly from ad valorem taxes, the
209	207		board shall provide for the annual imposition of a continuing
210	208		direct ad valorem tax, without limit as to rate or amount, while all
211	209		or part of the bonds are outstanding as required and in the manner
212	210		provided by Section 51.433, Water Code.
213	211		Sec. 9072.203. BONDS FOR ROAD PROJECTS. At the time of
214	212		issuance, the total principal amount of bonds or other obligations
215	213		issued or incurred to finance road projects and payable from ad
216	214		valorem taxes may not exceed one-fourth of the assessed value of the
217	215		real property in the district.
218	216		SECTION 2. The Kendall County Water Control and Improvement
219	217		District No. 3 initially includes all the territory contained in
220	218		the following area:
221	219		BEGINNING, AT A FOUND 1/2 INCH IRON ROD FOR THE NORTHWESTERLY
222	220		CORNER OF SAID 203.026 ACRE TRACT SITUATED ON THE EASTERLY LINE OF
223	221		SAID 390.8354 ACRE TRACT, FOR THE SOUTHWESTERLY CORNER OF LOT 7,
224	222		BLUEGRASS SUBDIVISION RECORDED IN VOLUME 1 PAGE 259, PLAT RECORDS,
225	223		KENDALL COUNTY, TEXAS;
226	224		THENCE, N 88° 43' 53" E, ALONG THE COMMON NORTHERLY LINE OF
227	225		SAID 203.026 ACRE TRACT, THE SOUTHERLY LINE OF SAID BLUEGRASS
228	226		SUBDIVISION AND THE SOUTHERLY LINE OF THAT CERTAIN 11.939 ACRE
229	227		TRACT CONVEYED TO JOSEPH F. ALDERETE AND SUNNIE G. ALDERETE, VOLUME
230	228		13181 PAGE 686, OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS, A
231	229		DISTANCE OF 2403.97 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE
232	230		SOUTHEASTERLY CORNER OF SAID 11.939 ACRE TRACT AND THE
233	231		SOUTHWESTERLY CORNER OF SAID 11.411 ACRE TRACT FOR AN INTERIOR ELL
234	232		CORNER OF THIS TRACT;
235	233		THENCE, N 01° 58' 14" E, ALONG THE COMMON EASTERLY LINE OF SAID
236	234		11.939 ACRE TRACT AND THE WESTERLY LINE OF SAID 11.411 ACRE TRACT, A
237	235		DISTANCE OF 563.88 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW
238	236		PLASTIC CAP STAMPED "SHERWOOD SURVEYING" SITUATED ON THE
239	237		SOUTHWESTERLY LINE OF SPRING HILL DRIVE FOR THE NORTHWESTERLY
240	238		CORNER OF SAID 11.411 ACRE TRACT AND A NORTHERLY CORNER OF THIS
241	239		TRACT;
242	240		THENCE, ALONG THE SOUTHWESTERLY LINE OF SPRING HILL DRIVE AND
243	241		THE NORTHEASTERLY LINE OF SAID 11.411 ACRE TRACT, THE FOLLOWING
244	242		COURSES;
245	243		S 85° 54' 52" E, A DISTANCE OF 90.13 FEET TO A SET 1/2 INCH IRON
246	244		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
247	245		CORNER;
248	246		S 81° 18' 20" E, A DISTANCE OF 159.61 FEET TO A FOUND 1/2 INCH
249	247		IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
250	248		S 35° 30' 11" E, A DISTANCE OF 96.80 FEET TO A FOUND 1/2 INCH
251	249		IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
252	250		S 63° 01' 09" E, A DISTANCE OF 209.90 FEET TO A FOUND 1/2 INCH
253	251		IRON ROD WITH PLASTIC CAP STAMPED "PFIEFFER SURVEY" FOR A CORNER;
254	252		S 52° 37' 18" E, A DISTANCE OF 160.01 FEET TO A SET 1/2 INCH
255	253		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
256	254		CORNER;
257	255		S 26° 32' 38" E, A DISTANCE OF 525.06 FEET TO A FOUND 1/2 INCH
258	256		IRON ROD AT THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE
259	257		OF SPRING HILL DRIVE AND THE NORTHERLY RIGHT OF WAY LINE OF VALERIE
260	258		LANE FOR A NORTHEASTERLY CORNER OF THIS TRACT;
261	259		THENCE, ALONG THE COMMON NORTHERLY AND EASTERLY LINE OF
262	260		VALERIE LANE AND THE SOUTHEASTERLY LINE OF SAID 11.411 ACRE TRACT,
263	261		THE FOLLOWING COURSES:
264	262		N 89° 20' 05" W, A DISTANCE OF 241.15 FEET TO A 1/2 INCH IRON
265	263		ROD FOUND FOR A CORNER OF THIS TRACT;
266	264		S 01° 04' 09" E, A DISTANCE OF 224.75 FEET TO A FOUND PK NAIL
267	265		FOR THE NORTHEASTERLY CORNER OF THAT CERTAIN 2.00 ACRE TRACT
268	266		DESCRIBED AS A SAVE AND EXCEPT TRACT IN VOLUME 1145, PAGE 349
269	267		OFFICIAL PUBLIC RECORDS, KENDALL COUNTY, TEXAS;
270	268		THENCE, S 89° 29' 44" W, ALONG THE NORTHERLY LINE OF SAID 2.00
271	269		ACRE TRACT, A DISTANCE OF 367.05 FEET TO A FOUND 1/2 INCH IRON ROD
272	270		FOR THE NORTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR
273	271		ELL CORNER OF THIS TRACT;
274	272		THENCE, S 00° 13' 21" E, ALONG THE WESTERLY LINE OF SAID 2.00
275	273		ACRE TRACT, A DISTANCE OF 236.47 FEET TO A FOUND 8 INCH WOOD POST FOR
276	274		THE SOUTHWESTERLY CORNER OF SAID 2.00 ACRE TRACT AND AN INTERIOR ELL
277	275		CORNER OF THIS TRACT;
278	276		THENCE, N 89° 47' 41" E, ALONG THE SOUTHERLY LINE OF SAID 2.00
279	277		ACRE TRACT, A DISTANCE OF 365.48 FEET TO A FOUND 6 INCH CEDAR POST
280	278		SITUATED ON THE WESTERLY LINE OF VALERIE LANE FOR THE SOUTHEASTERLY
281	279		CORNER OF SAID 2.00 ACRE TRACT AND A CORNER OF THIS TRACT;
282	280		THENCE, S 00° 10' 18" W, ALONG THE COMMON WESTERLY LINE OF SAID
283	281		VALERIE LANE AND THE EASTERLY LINE OF SAID 203.026 ACRE TRACT, A
284	282		DISTANCE OF 2520.79 FEET TO A SET 1/2 INCH IRON ROD WITH YELLOW
285	283		PLASTIC CAP STAMPED "SHERWOOD SURVEYING" AT THE INTERSECTION OF THE
286	284		WESTERLY LINE OF VALERIE LANE AND THE NORTHERLY LINE OF COREY ROAD
287	285		FOR THE SOUTHEASTERLY CORNER OF THIS TRACT;
288	286		THENCE, ALONG THE COMMON SOUTHERLY LINE OF SAID 203.026 ACRE
289	287		TRACT, PARTIALLY ALONG THE SOUTHERLY LINE OF SAID 390.8354 ACRE
290	288		TRACT AND THE NORTHERLY LINE OF COREY ROAD, THE FOLLOWING COURSES;
291	289		S 89° 23' 37" W, A DISTANCE OF 2220.90 FEET TO A SET 1/2 INCH
292	290		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A
293	291		CORNER;
294	292		N 81° 11' 50" W, A DISTANCE OF 1868.37 FEET TO A FOUND 6 INCH
295	293		WOOD POST AT THE NORTHWESTERLY CORNER OF THE TERMINUS OF CORLEY
296	294		ROAD;
297	295		THENCE, S 01° 30' 22" E, ALONG THE WESTERLY TERMINUS OF CORLEY
298	296		ROAD, A DISTANCE OF 28.23 FEET TO A FOUND 3/4 INCH IRON ROD MARKING
299	297		THE NORTHWESTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE
300	298		EASTERLY LINE OF SAID 390.8354 ACRE TRACT;
301	299		THENCE, S 81° 24' 55" E, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE
302	300		OF CORLEY ROAD, BEING THE NORTHERLY LINE OF SAID 76.957 ACRE TRACT,
303	301		A DISTANCE OF 1169.43 FEET TO A FOUND 6 INCH WOOD POST MARKING THE
304	302		NORTHEASTERLY CORNER OF SAID 76.957 ACRE TRACT, BEING THE
305	303		NORTHWESTERLY CORNER OF THAT CERTAIN 5.794 ACRE TRACT CONVEYED TO
306	304		CAROLYN G. BIEDENHARN BY DEED OF RECORD IN VOLUME 1455, PAGE 283 OF
307	305		SAID OFFICIAL PUBLIC RECORDS;
308	306		THENCE, LEAVING THE SOUTHERLY RIGHT-OF-WAY LINE OF CORLEY
309	307		ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 76.957 ACRE TRACT AND
310	308		SAID 5.794 ACRE TRACT, THE FOLLOWING COURSES:
311	309		S 00° 14' 59" E, A DISTANCE OF 352.90 FEET TO A FOUND 6 INCH
312	310		WOOD POST;
313	311		S 66° 35' 17" W, A DISTANCE OF 55.14 FEET TO A FOUND 1/2 INCH
314	312		IRON ROD;
315	313		S 25° 31' 49" W, A DISTANCE OF 63.64 FEET TO A FOUND 6 INCH WOOD
316	314		POST;
317	315		S 00° 16' 44" E, A DISTANCE OF 181.07 FEET TO A FOUND 1/2 INCH
318	316		IRON ROD MARKING THE SOUTHWESTERLY CORNER OF SAID 5.794 ACRE TRACT;
319	317		N 88° 44' 30" E, A DISTANCE OF 616.61 FEET TO A FOUND 1/2 INCH
320	318		IRON ROD IN THE WESTERLY LINE OF AN EXISTING 1.418 ACRE ACCESS
321	319		EASEMENT OF RECORD IN VOLUME 8375, PAGE 676 OF SAID OFFICIAL PUBLIC
322	320		RECORDS, BEING AN EASTERLY CORNER OF SAID 76.957 ACRE TRACT;
323	321		THENCE, S 08° 49' 02" W, ALONG THE COMMON BOUNDARY LINE OF SAID
324	322		76.957 ACRE TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, A DISTANCE OF
325	323		1740.36 FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY
326	324		CORNER OF SAID 76.957 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF
327	325		SAID 40.0289 ACRE TRACT;
328	326		THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 40.0289 ACRE
329	327		TRACT AND SAID 1.418 ACRE ACCESS EASEMENT, THE FOLLOWING COURSES:
330	328		S 08° 45' 27" W, A DISTANCE OF 1711.94 FEET TO A FOUND 2 INCH
331	329		METAL POST;
332	330		S 28° 28' 37" W, A DISTANCE OF 48.72 FEET TO A 6 INCH WOOD POST
333	331		MARKING THE SOUTHEASTERLY CORNER OF SAID 40.0289 ACRE TRACT, BEING
334	332		THE NORTHEASTERLY CORNER OF SAID 2.1303 ACRE TRACT;
335	333		THENCE, S 27° 25' 24" W, ALONG THE SOUTHEASTERLY LINE OF SAID
336	334		2.1303 ACRE TRACT, A DISTANCE OF 133.99 FEET TO A FOUND "X" ON
337	335		CONCRETE DAM MARKING THE SOUTHERLY CORNER OF SAID 2.1303 ACRE
338	336		TRACT, BEING IN THE NORTHERLY LINE OF THAT CERTAIN REMAINDER OF
339	337		236.272 ACRE TRACT CONVEYED TO BALCONES CREEK, LTD. BY DEED OF
340	338		RECORD IN VOLUME 1194, PAGE 227 OF SAID OFFICIAL PUBLIC RECORDS;
341	339		THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 2.1303 ACRE
342	340		TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, BEING THE
343	341		APPROXIMATE CENTERLINE OF BALCONES CREEK, THE FOLLOWING COURSES:
344	342		N 52° 10' 12" W, A DISTANCE OF 235.12 FEET TO A POINT;
345	343		N 42° 58' 10" W, A DISTANCE OF 452.26 FEET TO A POINT MARKING
346	344		THE NORTHEASTERLY CORNER OF SAID 97.23 ACRE TRACT;
347	345		THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE
348	346		TRACT AND SAID REMAINDER OF 236.272 ACRE TRACT, THE FOLLOWING
349	347		COURSES:
350	348		S 43° 26' 22" W, A DISTANCE OF 45.12 FEET TO A SET 1/2 INCH IRON
351	349		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
352	350		S 26° 12' 45" W, A DISTANCE OF 160.75 FEET TO A SET 1/2 INCH
353	351		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
354	352		S 19° 12' 45" W, A DISTANCE OF 202.73 FEET TO A SET 1/2 INCH
355	353		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
356	354		S 86° 10' 45" W, A DISTANCE OF 14.30 FEET TO A SET 1/2 INCH IRON
357	355		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
358	356		S 08° 50' 15" E, A DISTANCE OF 27.58 FEET TO A SET 1/2 INCH IRON
359	357		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
360	358		S 22° 15' 30" W, A DISTANCE OF 1741.52 FEET TO FOUND 1/2 INCH
361	359		IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHEASTERLY
362	360		CORNER OF SAID 97.23 ACRE TRACT;
363	361		S 89° 59' 22" W, A DISTANCE OF 1293.60 FEET TO A FOUND 1/2 INCH
364	362		IRON ROD WITH SCHWARTZ 4760 RED CAP MARKING THE SOUTHWESTERLY
365	363		CORNER OF SAID 97.23 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF
366	364		SAID REMAINDER OF 236.272 ACRE TRACT, SAME BEING IN THE EASTERLY
367	365		LINE OF THAT CERTAIN 186.360 ACRE TRACT CONVEYED TO ROBERT B. CALDER
368	366		BY DEED OF RECORD IN VOLUME 4632, PAGE 1394 OF SAID OFFICIAL PUBLIC
369	367		RECORDS FOR THE SOUTHERNMOST SOUTHWESTERLY CORNER HEREOF;
370	368		THENCE, ALONG THE COMMON BOUNDARY LINES OF SAID 97.23 ACRE
371	369		TRACT AND SAID 186.360 ACRE TRACT, THE FOLLOWING COURSES:
372	370		N 00° 18' 50" W, A DISTANCE OF 594.05 FEET TO A SET 1/2 INCH
373	371		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
374	372		N 00° 08' 26" W, A DISTANCE OF 492.67 FEET TO A SET 1/2 INCH
375	373		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
376	374		N 00° 05' 03" E, A DISTANCE OF 412.91 FEET A SET 1/2 INCH IRON
377	375		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
378	376		N 00° 15' 34" E, A DISTANCE OF 569.88 FEET TO A SET 1/2 INCH
379	377		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
380	378		N 00° 26' 43" E, A DISTANCE OF 121.10 FEET TO A POINT IN THE
381	379		APPROXIMATE CENTERLINE OF BALCONES CREEK MARKING THE NORTHWESTERLY
382	380		CORNER OF SAID 97.23 ACRE TRACT AND BEING THE NORTHEASTERLY CORNER
383	381		OF SAID 186.360 ACRE TRACT, BEING A POINT IN THE SOUTHERLY LINE OF
384	382		THAT CERTAIN 36.430 ACRE TRACT CONVEYED TO STANLEY OWENS AND KATIE
385	383		A. OWENS BY DEED OF RECORD IN VOLUME 1428, PAGE 515 OF SAID OFFICIAL
386	384		PUBLIC RECORDS;
387	385		THENCE, S 70° 14' 35" E, ALONG THE COMMON BOUNDARY LINE OF SAID
388	386		36.430 ACRE TRACT AND SAID 97.23 ACRE TRACT, A DISTANCE OF 2.12 FEET
389	387		TO A POINT MARKING THE SOUTHWESTERLY CORNER OF SAID 1.0097 ACRE
390	388		TRACT AND THE SOUTHEASTERLY CORNER OF SAID 36.430 ACRE TRACT;
391	389		THENCE, N 00° 12' 33" W, ALONG THE EASTERLY LINE OF SAID 36.430
392	390		ACRE TRACT, BEING THE WESTERLY LINES OF SAID 1.0097 ACRE TRACT AND
393	391		SAID 390.8354 ACRE TRACT, A DISTANCE OF 1317.77 FEET TO A FOUND 1/2
394	392		INCH IRON ROD;
395	393		THENCE, N 00° 00' 45" W, ALONG THE EASTERLY LINE OF SAID 36.430
396	394		ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 95.268 ACRE TRACT
397	395		CONVEYED TO SUELTENFUSS RANCH LP BY DEED OF RECORD IN VOLUME 1135,
398	396		PAGE 820 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE WESTERLY LINE OF
399	397		SAID 390.8354 ACRE TRACT, A DISTANCE OF 1460.15 FEET TO A FOUND 8
400	398		INCH WOOD POST MARKING THE NORTHEASTERLY CORNER OF SAID 95.268 ACRE
401	399		TRACT, BEING THE SOUTHEASTERLY CORNER OF SAID 62.886 ACRE TRACT;
402	400		THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 95.268 ACRE
403	401		TRACT AND SAID 62.886 ACRE TRACT, THE FOLLOWING COURSES:
404	402		S 80° 52' 53" W, A DISTANCE OF 858.86 FEET TO A FOUND 8 INCH
405	403		WOOD POST;
406	404		N 85° 33' 03" W, A DISTANCE OF 980.80 FEET TO A FOUND 8 INCH
407	405		WOOD POST;
408	406		S 78° 21' 51" W, A DISTANCE OF 1594.30 FEET TO A FOUND 1/2 INCH
409	407		IRON ROD IN THE EASTERLY RIGHT-OF-WAY LINE OF UPPER BALCONES ROAD
410	408		FOR THE WESTERNMOST SOUTHWESTERLY CORNER HEREOF;
411	409		THENCE, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF UPPER
412	410		BALCONES ROAD, THE FOLLOWING COURSES:
413	411		N 21° 24' 28" W, A DISTANCE OF 702.03 FEET TO A SET 1/2 INCH
414	412		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
415	413		N 10° 04' 11" W, A DISTANCE OF 69.72 FEET TO A SET 1/2 INCH IRON
416	414		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
417	415		N 08° 00' 25" W, A DISTANCE OF 297.59 FEET TO A FOUND 1/2 INCH
418	416		IRON ROD;
419	417		N 08° 10' 05" W, A DISTANCE OF 43.41 FEET TO A SET 1/2 INCH IRON
420	418		ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
421	419		N 03° 52' 51" W, A DISTANCE OF 107.16 FEET TO A SET 1/2 INCH
422	420		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
423	421		N 03° 16' 49" W, A DISTANCE OF 119.06 FEET TO A SET 1/2 INCH
424	422		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
425	423		N 00° 22' 45" W, A DISTANCE OF 151.30 FEET TO A SET 1/2 INCH
426	424		IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING";
427	425		N 05° 31' 35" W, A DISTANCE OF 281.80 FEET TO A FOUND 1/2 INCH
428	426		IRON ROD;
429	427		N 05° 14' 21" W, A DISTANCE OF 491.54 FEET TO A FOUND 1/2 INCH
430	428		IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 31.823 ACRE
431	429		TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 96.338 ACRE
432	430		TRACT CONVEYED TO WILLIAM ROBERT SMITH III BY DEED OF RECORD IN
433	431		VOLUME 1365, PAGE 681 OF SAID OFFICIAL PUBLIC RECORDS, FOR THE
434	432		WESTERNMOST NORTHWESTERLY CORNER HEREOF;
435	433		THENCE, LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF UPPER
436	434		BALCONES ROAD, ALONG THE COMMON BOUNDARY LINE OF SAID 96.338 ACRE
437	435		TRACT AND SAID 31.823 ACRE TRACT, THE FOLLOWING COURSES:
438	436		N 84° 12' 22" E, A DISTANCE OF 488.79 FEET TO A FOUND 1/2 INCH
439	437		IRON ROD WITH PFIEFFER SURVEY CAP;
440	438		S 89° 32' 02" E, A DISTANCE OF 1078.27 FEET TO A FOUND 1/2 INCH
441	439		IRON ROD WITH PFIEFFER SURVEY CAP;
442	440		N 79° 52' 56" E, A DISTANCE OF 898.04 FEET TO A FOUND 1/2 INCH
443	441		IRON ROD WITH PFIEFFER SURVEY CAP MARKING THE NORTHEASTERLY CORNER
444	442		OF SAID 31.823 ACRE TRACT, BEING THE NORTHWESTERLY CORNER OF SAID
445	443		27.94 ACRE TRACT;
446	444		THENCE, N 73° 11' 05" E, ALONG THE COMMON BOUNDARY LINE OF SAID
447	445		96.338 ACRE TRACT AND SAID 27.94 ACRE TRACT, A DISTANCE OF 1400.68
448	446		FEET TO A FOUND 1/2 INCH IRON ROD MARKING THE SOUTHEASTERLY CORNER
449	447		OF SAID 96.338 ACRE TRACT, BEING THE NORTHEASTERLY CORNER OF SAID
450	448		27.94 ACRE TRACT, SAME BEING IN THE WESTERLY LINE OF SAID 390.8354
451	449		ACRE TRACT AND AN INTERIOR ELL CORNER HEREOF;
452	450		THENCE, N 00° 19' 46" E, ALONG THE EASTERLY LINES OF SAID
453	451		96.338 ACRE TRACT AND THE EASTERLY LINE OF THAT CERTAIN 183.328 ACRE
454	452		TRACT CONVEYED TO DOLORES ANN HOLMAN BY DEED OF RECORD IN VOLUME 92,
455	453		PAGE 259 OF SAID DEED RECORDS, BEING THE WESTERLY LINE OF SAID
456	454		390.8354 ACRE TRACT, A DISTANCE OF 2888.59 FEET TO A FOUND 1/2 INCH
457	455		IRON ROD MARKING THE NORTHWESTERLY CORNER OF SAID 390.8354 ACRE
458	456		TRACT, BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN 40.592 ACRE
459	457		TRACT CONVEYED TO PATRICK EITTER AND SPOUSE GISELLE EITTER BY DEED
460	458		OF RECORD IN VOLUME 1381, PAGE 542 OF SAID OFFICIAL PUBLIC RECORDS,
461	459		FOR THE NORTHERNMOST NORTHWESTERLY CORNER HEREOF;
462	460		THENCE, ALONG THE COMMON BOUNDARY LINE OF SAID 390.8354 ACRE
463	461		TRACT AND SAID 40.592 ACRE TRACT, THE FOLLOWING COURSES:
464	462		S 89° 59' 55" E, A DISTANCE OF 377.50 FEET TO A FOUND 1/2 INCH
465	463		IRON ROD;
466	464		N 89° 38' 49" E, A DISTANCE OF 842.65 FEET TO A FOUND 1/2 INCH
467	465		IRON ROD;
468	466		S 89° 14' 25" E, A DISTANCE OF 1323.68 FEET TO A FOUND 1/2 INCH
469	467		IRON ROD MARKING THE NORTHWESTERLY CORNER OF LOT 6 OF SAID BLUEGRASS
470	468		SUBDIVISION, BEING THE NORTHEASTERLY CORNER OF SAID 390.8354 ACRE
471	469		TRACT;
472	470		THENCE, ALONG THE A PORTION OF THE COMMON BOUNDARY LINE OF
473	471		SAID 390.8354 ACRE TRACT AND SAID BLUEGRASS SUBDIVISION, THE
474	472		FOLLOWING COURSES:
475	473		S 00° 48' 52" E, A DISTANCE OF 753.20 FEET TO A FOUND 1/2 INCH
476	474		IRON ROD;
477	475		S 00° 50' 20" E, A DISTANCE OF 736.92 FEET TO THE POINT OF
478	476		BEGINNING, CONTAINING AN AREA OF 1012.262 ACRES OF LAND, MORE OR
479	477		LESS.
480	478		SECTION 3. (a) The legal notice of the intention to
481	479		introduce this Act, setting forth the general substance of this
482	480		Act, has been published as provided by law, and the notice and a
483	481		copy of this Act have been furnished to all persons, agencies,
484	482		officials, or entities to which they are required to be furnished
485	483		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
486	484		Government Code.
487	485		(b) The governor, one of the required recipients, has
488	486		submitted the notice and Act to the Texas Commission on
489	487		Environmental Quality.
490	488		(c) The Texas Commission on Environmental Quality has filed
491	489		its recommendations relating to this Act with the governor, the
492	490		lieutenant governor, and the speaker of the house of
493	491		representatives within the required time.
494	492		(d) All requirements of the constitution and laws of this
495	493		state and the rules and procedures of the legislature with respect
496	494		to the notice, introduction, and passage of this Act are fulfilled
497	495		and accomplished.
498	496		SECTION 4. (a) Section 9072.107, Special District Local
499	497		Laws Code, as added by Section 1 of this Act, takes effect only if
500	498		this Act receives a two-thirds vote of all the members elected to
501	499		each house.
502	500		(b) If this Act does not receive a two-thirds vote of all the
503	501		members elected to each house, Subchapter C, Chapter 9072, Special
504	502		District Local Laws Code, as added by Section 1 of this Act, is
505	503		amended by adding Section 9072.107 to read as follows:
506	504		Sec. 9072.107. NO EMINENT DOMAIN POWER. The district may
507	505		not exercise the power of eminent domain.
508	506		(c) This section is not intended to be an expression of a
509	507		legislative interpretation of the requirements of Section 17(c),
510	508		Article I, Texas Constitution.
511	509		SECTION 5. This Act takes effect immediately if it receives
512	510		a vote of two-thirds of all the members elected to each house, as
513	511		provided by Section 39, Article III, Texas Constitution. If this
514	512		Act does not receive the vote necessary for immediate effect, this
515	513		Act takes effect September 1, 2017.
	514	+	______________________________ ______________________________
	515	+	President of the Senate Speaker of the House
	516	+	I hereby certify that S.B. No. 914 passed the Senate on
	517	+	May 4, 2017, by the following vote: Yeas 31, Nays 0.
	518	+	______________________________
	519	+	Secretary of the Senate
	520	+	I hereby certify that S.B. No. 914 passed the House on
	521	+	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
	522	+	present not voting.
	523	+	______________________________
	524	+	Chief Clerk of the House
	525	+	Approved:
	526	+	______________________________
	527	+	Date
	528	+	______________________________
	529	+	Governor