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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation, administration, powers, duties, |
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functions, operations, and financing of the Crystal Clear Special |
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Utility District; providing authority to issue bonds; granting a |
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limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7206 to read as follows: |
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CHAPTER 7206. CRYSTAL CLEAR SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7206.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Corporation" means the Crystal Clear Water Supply |
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Corporation. |
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(3) "Director" means a board member. |
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(4) "District" means the Crystal Clear Special Utility |
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District. |
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Sec. 7206.002. NATURE OF DISTRICT. The district is a |
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special utility district in Comal, Guadalupe, and Hays Counties |
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created under and essential to accomplish the purposes of Section |
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59, Article XVI, Texas Constitution. The district is created to |
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serve a public use and benefit. |
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Sec. 7206.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation and |
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initial directors' election held before September 1, 2016: |
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(1) the district is dissolved on September 1, 2016, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Comal, Guadalupe, or Hays County, |
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as appropriate, any assets of the district that remain after the |
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payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2017. |
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Sec. 7206.004. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, Chapters 49 and 65, Water Code, |
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apply to the district. |
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Sec. 7206.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7206.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Dennis R. Krackau; |
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(2) Jackie E. Carson; |
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(3) Carroll U. Hoffmann; |
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(4) Richard A. Hanz; |
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(5) Jarold R. Hildebrand; |
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(6) James R. Stewart; and |
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(7) Michael L. Cox. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than four |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of |
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directors to fill all vacancies on the board. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 7206.022; or |
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(2) the date this chapter expires under Section |
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7206.003. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7206.022. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) Before September 1, 2016, the temporary directors |
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shall hold an election to confirm the creation of the district and |
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to elect seven initial directors in accordance with Chapters 49 and |
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65, Water Code. |
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(b) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the confirmation and directors' election. |
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(c) Section 41.001(a), Election Code, does not apply to a |
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confirmation and directors' election held as provided by this |
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section. |
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(d) The initial directors shall continue to serve until the |
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district directors elected at the first regularly scheduled |
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election of directors under Section 7206.052 qualify for office. |
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Sec. 7206.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If |
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the creation of the district is confirmed under Section 7206.022, |
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the corporation shall transfer the assets, debts, and contractual |
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rights and obligations of the corporation to the district. |
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(b) Not later than the 30th day after the date of the |
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transfer under Subsection (a), the board of directors of the |
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corporation shall commence dissolution proceedings of the |
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corporation. |
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(c) On dissolution of the corporation, Certificate of |
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Convenience and Necessity No. 10297 is considered to be held by the |
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district. |
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(d) The board of directors of the corporation shall notify |
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the Texas Commission on Environmental Quality of the dissolution of |
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the corporation and of the transfer of Certificate of Convenience |
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and Necessity No. 10297 to the district. |
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(e) On receipt of notice under Subsection (d), the Texas |
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Commission on Environmental Quality shall note in its records that |
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Certificate of Convenience and Necessity No. 10297 is held by the |
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district and shall reissue the certificate in the name of the |
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district without further application, notice, or hearing. A |
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person, party, or entity does not have any right of protest, |
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objection, or administrative review of the transfer prescribed by |
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this section. |
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Sec. 7206.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2017. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7206.051. DIRECTORS. (a) The district shall be |
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governed by a board of not fewer than 5 and not more than 11 |
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directors, elected in accordance with Section 65.101, Water Code. |
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(b) The directors of the district serve staggered |
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three-year terms. |
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Sec. 7206.052. ELECTION OF DIRECTORS. After the district |
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is confirmed under Section 7206.022, the district shall hold an |
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election on the uniform election date in November of each year to |
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elect the appropriate number of directors. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7206.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, authority, functions, and duties provided by |
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the general law of this state, including Chapters 49 and 65, Water |
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Code, applicable to special utility districts created under Section |
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59, Article XVI, Texas Constitution. |
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Sec. 7206.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is not greater than the |
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capital recovery fee charged by the corporation on December 31, |
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2012, under the corporation's tariff. |
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(b) Chapter 395, Local Government Code, does not apply to an |
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initial water service impact fee set under Subsection (a). |
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(c) The district may increase the water service impact fee |
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authorized under Subsection (a) only as provided by Chapter 395, |
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Local Government Code, as approved by the Texas Commission on |
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Environmental Quality, or as otherwise provided by law. |
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Sec. 7206.103. EMINENT DOMAIN. (a) Except as provided by |
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Subsection (b), the district has all the power and authority of a |
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special utility district under Chapters 49 and 65, Water Code, to |
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acquire by condemnation any land, easement, or other property |
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located inside or outside the boundaries of the district for any |
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district project or purpose. |
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(b) The district may not exercise the power of eminent |
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domain to condemn land, easements, or other property located |
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outside the boundaries of the district for sanitary sewer purposes. |
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Sec. 7206.104. SERVICES TO BE PROVIDED BY DISTRICT OR CITY |
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OF NEW BRAUNFELS. (a) A structure constructed by the district in |
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the corporate limits or extraterritorial jurisdiction of the City |
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of New Braunfels must comply with any applicable codes and |
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ordinances of the city. |
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(b) The district may enter into an interlocal contract with |
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the City of New Braunfels to provide governmental services, |
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including drainage, solid waste, or fire protection services. |
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(c) The district may not provide solid waste collection |
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services in the corporate limits of the City of New Braunfels unless |
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the governing body of the city consents by resolution or ordinance. |
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(d) The district may not provide fire protection services in |
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the corporate limits or extraterritorial jurisdiction of the City |
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of New Braunfels unless the governing body of the city consents by |
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resolution or ordinance. |
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SECTION 2. The Crystal Clear Special Utility District |
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initially includes all the territory contained in the following |
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area: |
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BEING that portion of Comal, Guadalupe, and Hays Counties, |
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Texas, which has a boundary more particularly described as follows: |
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BEGINNING at a point in Guadalupe County where the centerline of the |
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San Marcos River crosses the centerline of U.S. Highway 90; |
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THENCE in a southeasterly direction, with a line being 5,000 feet |
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east of and parallel to County Road 217 (Highsmith Road), to a point |
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in the north right-of-way line of Interstate Highway 10; |
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THENCE with the north right-of-way line of Interstate Highway 10, |
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in a westerly direction, to a point at its intersection with the |
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east boundary line of Springs Hill WSC CCN #10666; |
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THENCE following the Springs Hill WSC CCN #10666 boundary line in a |
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northerly, westerly, then southerly direction, until it intersects |
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with the north right-of-way line of Interstate Highway 10; |
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THENCE with the north right-of-way line of Interstate Highway 10, |
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in a westerly direction, to its intersection with the east City |
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Limit Line of Seguin, Texas; |
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THENCE with the City Limit Line of Seguin, Texas, in a northerly, |
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then westerly direction, to its intersection with an eastern line |
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of the City of Seguin CCN #10698; |
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THENCE with the City of Seguin CCN #10698 line, in a northerly |
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direction, to a point at its intersection of the Springs Hill WSC |
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CCN #10666 boundary; |
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THENCE with the boundary of Springs Hill WSC CCN #10666 in a |
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northerly direction to the City Limit Line of Seguin, Texas; |
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THENCE with the City Limit Line of Seguin, Texas, in a northerly, |
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then westerly direction, to its intersection with the eastern |
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boundary of Springs Hill WSC CCN #10666; |
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THENCE meandering with the boundary line of Springs Hill WSC CCN |
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#10666 in a northwesterly direction to a point on the east boundary |
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line of the 810.54 acre tract of land described in the deed to |
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Normandy Terrace, Inc. recorded in the Guadalupe County Deed |
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Records; |
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THENCE with the eastern boundary of the 810.54 acre Normandy |
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Terrace Inc. tract in a northern direction to its northeast corner; |
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THENCE with the northern boundary of the 810.54 acre Normandy |
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Terrace Inc. tract in a westerly direction to the centerline of |
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Guadalupe County Road 140 (Schwarzlose Rd.); |
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THENCE with the centerline of Guadalupe County Road 140 |
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(Schwarzlose Rd.), in a southerly direction to its intersection |
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with the boundary line of New Braunfels Utility CCN #10677; |
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THENCE with the boundary line of the New Braunfels Utility CCN |
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#10677, in a westerly, then northwesterly direction, crossing the |
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Comal County and Guadalupe County Line to its intersection with the |
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City Limits Line of New Braunfels, Texas; |
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THENCE with the City Limits Line of New Braunfels, Texas, in an |
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northeasterly, then northwesterly direction to a south corner of a |
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75.805 acre tract of land described in a deed to State of Texas FBO |
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Permanent School Fund recorded in Document # 200506039320, of the |
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Comal County Deed Records; |
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THENCE with the southeast line of the 75.805 acre State of Texas FBO |
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Permanent School Fund tract to its east corner, said east corner |
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being on the southwest line of the 119.882 acre tract described in a |
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deed to Marvin Kraft, Jr., et al, recorded in Book 1015, Page 444, |
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of the Comal County Deed Records; |
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THENCE with the northeast line of the 75.805 acre State of Texas FBO |
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Permanent School Fund tract and the west line of the 119.882 acre |
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Kraft tract, to the west corner of the 119.882 acre Kraft tract; |
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THENCE with the northern and eastern property boundaries of the |
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119.882 acre Kraft tract to its east corner, same being the south |
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corner of a 1,015.537 acre tract of land described in a deed to the |
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State of Texas FBO Permanent School Fund recorded in Document |
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#200506041691, of the Comal County Deed Records; |
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THENCE with the southern and northeastern property boundary of the |
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1,015.537 acre State of Texas FBO Permanent School Fund tract to a |
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point on the east right-of-way of Interstate Highway 35 for its |
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north corner; |
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THENCE with the east right-of-way line of Interstate Highway 35, in |
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a southwesterly direction, to its intersection with an eastern |
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boundary of the City Limit Line of New Braunfels, Texas; |
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THENCE with the City Limit Line of New Braunfels, Texas, in a |
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northwesterly and southwesterly direction to its intersection with |
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the northeast line of the 2.545 acre tract of land described in a |
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deed to Hitzfelder Family Partners LTD recorded in Book 98060, Page |
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1608, of the Comal County Deed Records; |
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THENCE with the northeast line of the 2.545 acre Hitzfelder Family |
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Partners LTD tract, in a northwest direction to its north corner and |
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to an east corner of a 20.009 acre tract of land described in a deed |
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to HPT TA Properties Trust recorded in Document #200706011233, of |
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the Comal County Deed Records; |
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THENCE with the northeast line of the 20.009 acre HPT TA Properties |
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Trust tract, in a northwest direction, to its north corner and to an |
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east corner of a 10.182 acre tract of land described in a deed to Rip |
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Griffin Truck Service Center, Inc. recorded in Book 97060, Page |
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27464, of the Comal County Deed Records; |
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THENCE with the northeast line of the 10.182 acre Rip Griffin Truck |
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Center, Inc. tract, in a northwest direction, to its north corner |
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and to the east corner of a tract of land described in a deed to |
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Margyline Hitzfelder recorded in Book 181, Page 617, in the Comal |
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County Deed Records; |
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THENCE with the northeast line of the Margyline Hitzfelder tract, |
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in a northwest direction, to a south corner of a 17.71 acre tract of |
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land described in a deed to Papes Family Farm LTD recorded in |
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Document #200406007834, in the Comal County Deed Records; |
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THENCE with a southeast line of the 17.71 acre Papes Family Farm LTD |
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tract of land, in a northeast direction, to its east corner on the |
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southwest line of a 44.29 acre tract of land described in a deed to |
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Papes Family Farm, LTD., recorded in Document #200406007834, in the |
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Comal County Deed Records; |
|
THENCE with the boundary of the 44.29 acre Papes Family Farm LTD |
|
tract in a southeast, northeast, then northwest direction, to its |
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north corner and the west corner of a 230.695 acre tract of land |
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described in a deed to John A., Teresa J. and Andrea J. Ladshaw |
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recorded in Book 762, Page 008, of the Comal County Deed Records; |
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THENCE with a north line of a 230.695 acre tract, in a northeast |
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direction, to its north corner and a west corner of a 9.785 acre |
|
tract of land described in a deed to John A. Ladshaw recorded in |
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Book 378, Page 799, in the Comal County Deed Records; |
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THENCE with the boundary of the 9.785 acre John A. Ladshaw tract, in |
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a northeast and southeast direction, to its east corner on the west |
|
right-of-way of Interstate Highway 35; |
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THENCE with the west right-of-way line of Interstate Highway 35 in a |
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northeasterly direction to a south corner of the 288.433 acre tract |
|
of land described in a deed to Southstar of Havenwood, LLC, recorded |
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in Document #201206016391, of the Comal County Deed Records; |
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THENCE with the meanders of the southern and western boundary of the |
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288.433 acre Southstar of Havenwood, LLC, tract, in a western |
|
direction, to its east corner on the southeast right-of-way line of |
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F.M. 1102; |
|
THENCE across F.M. 1102 and with the northwest right-of-way line of |
|
F.M. 1102 in a northeasterly direction to the south corner of Unit |
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#1 of the Havenwood at Hunter's Crossing Subdivision recorded in |
|
Document #200606015745, of the Comal County Deed Records; |
|
THENCE with the southwestern boundary of Unit #1 of the Havenwood at |
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Hunter's Crossing Subdivision, in a northwest direction, to the |
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south corner of Unit #2 of the Havenwood at Hunter's Crossing |
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Subdivision recorded as Document #200606040000, of the Comal County |
|
Deed Records; |
|
THENCE with the southwest line of Unit #2 of the Havenwood at |
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Hunter's Crossing Subdivision to a point on the southeast |
|
right-of-way of Beaver Lane, said southeast right-of-way of Beaver |
|
lane being the south boundary of Unit #4 of the Havenwood at |
|
Hunter's Crossing Subdivision recorded as Document #200706047038, |
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of the Comal County Deed Records; |
|
THENCE with the boundary of Unit #4 of the Havenwood at Hunter's |
|
Crossing Subdivision, in a southwest, northwest, then northeast |
|
direction, to the north corner of Unit #4 and the west corner of |
|
Unit #3 of the Havenwood at Hunter's Crossing Subdivision recorded |
|
as Document #200606046131, of the Comal County Deed Records; |
|
THENCE with the boundary of Unit #3 of the Havenwood at Hunter's |
|
Crossing Subdivision, in a northeast, southeast, then southwest |
|
direction, to the east corner of Unit #2 of the Havenwood at |
|
Hunter's Crossing Subdivision recorded as Document #200606040000, |
|
of the Comal County Deed Records; |
|
THENCE with the boundary of Unit #2 of the Havenwood at Hunter's |
|
Crossing Subdivision, in a southwest, then southeast direction, to |
|
a north corner of Unit #1 of the Havenwood at Hunter's Crossing |
|
Subdivision recorded as Document #200606015745, of the Comal County |
|
Deed Records; |
|
THENCE with the eastern boundary of Unit #1 of the Havenwood at |
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Hunter's Crossing Subdivision, in a southeast direction, to its |
|
southeast corner on the northeast right-of-way line of F.M. 1102; |
|
THENCE with the northwest right-of-way line of F.M. 1102, in a |
|
northeasterly direction, merging into F.M. 2439; |
|
THENCE with the northwest right-of-way line of F.M. 2439 in a |
|
northeasterly direction and crossing the Comal County and Hays |
|
County Line to the east corner of a 79.748 acre tract of land |
|
described in a deed to Flying W Properties LTD recorded in Book |
|
3257, Page 704, of the Hays County Deed Records; |
|
THENCE across and perpendicular to F.M. 2439 in a southeasterly |
|
direction to the southeast right-of-way line of F.M. 2439; |
|
THENCE with the southeast right-of-way line of F.M. 2439, in a |
|
northeast direction, to a west corner of a 2.65 acre tract of land |
|
described in a deed to Frank and Jacqueline Brakley recorded in Book |
|
2835, Page 823, of Hays County Deed Records; |
|
THENCE with the southwestern boundary of the 2.65 acre Frank and |
|
Jacqueline Brakley tract, in a southeast direction, to its south |
|
corner in the northwest right-of-way line of the Union Pacific |
|
Railroad; |
|
THENCE in a southeasterly direction and crossing the Union Pacific |
|
Railroad right-of-way and a tract of land described in a deed to |
|
Flying W Properties LTD to the north corner of a 83.73 tract of land |
|
described in a deed to Fred W. Heldenfels, IV recorded in Book 1974, |
|
Page 368, of the Hays County Deed Records and also a point in the |
|
western boundary of the City Limits of San Marcos, Texas; |
|
THENCE with the western boundary of the City Limits Line of San |
|
Marcos, Texas, in a southeasterly direction to its intersection |
|
with the City of San Marcos CCN #10298; |
|
THENCE with the City of San Marcos CCN #10298 in a southeasterly |
|
direction to its intersection with the centerline of Hays County |
|
Road 265 (Francis Harris Lane); |
|
THENCE with the centerline of Hays County Road 265 in a southerly |
|
and southeasterly direction to a southwest corner of a tract of land |
|
described in a deed to Albert Dale Jonas recorded in Book 1530, Page |
|
16, of Hays County Deed Records; |
|
THENCE with the south line of the Albert Dale Jonas tract in an |
|
easterly direction to a point on the Hays County and Guadalupe |
|
County Line; |
|
THENCE along the Hays County and Guadalupe County Line in a |
|
northeasterly direction to its intersection with the southern |
|
boundary of the City of San Marcos CCN # 10298; |
|
THENCE meandering with the boundary line of City of San Marcos CCN |
|
#10298 in a northeasterly direction to its intersection with the |
|
City Limits of San Marcos, Texas, and same point being the western |
|
corner of a 100.00 Acre Tract of land conveyed to Cottonwood Creek |
|
JDR, LTD. by Warranty Deed in Volume 2008, Page 0867, of the |
|
Guadalupe County Deed Records; |
|
THENCE with the City Limits of San Marcos, Texas, and around the |
|
western, southern, and eastern perimeter of said 100.00 Acre Tract |
|
to its intersection with the City of San Marcos CCN #10295 southern |
|
boundary line same being the Hays County and Guadalupe County Line; |
|
THENCE with the southern boundary of the City of San Marcos CCN |
|
#10298 in a northeasterly direction to a point at its intersection |
|
with the City Limits Line of San Marcos, Texas; |
|
THENCE with the boundary of the City Limits Line of San Marcos, |
|
Texas, in a southeasterly, then northeasterly direction to a point |
|
at its intersection with the western boundary line of the |
|
Martindale WSC CCN # 10312; |
|
THENCE with the western boundary line of the Martindale WSC CCN |
|
#10312 in a southeasterly direction to a point, said point being the |
|
northern corner of the western boundary of the Tri-Community WSC |
|
CCN #10313 and said point being located along the San Marcos River; |
|
THENCE with the San Marcos River in a southerly direction to a point |
|
at its intersection with F.M. 1977, said point also being located |
|
along the western boundary of the Tri-Community WSC CCN #10313; |
|
THENCE with the western boundary of the Tri-Community WSC CCN |
|
#10313 in a southeasterly direction to a point, said point being the |
|
most southerly corner of CCN #10313 and being located in the San |
|
Marcos River; |
|
THENCE with the San Marcos River in a southeasterly direction to the |
|
POINT OF BEGINNING. |
|
WHICH above described territory includes that land lying and being |
|
situated in ALL OR PORTIONS of the following surveys: |
|
IN GUADALUPE COUNTY, TEXAS: John Wells Survey, Abstract No. 509; |
|
John Wells Survey, Abstract No. 435; James P. Hector Survey, |
|
Abstract No. 353; James Murphy Survey, Abstract No. 237; Robert |
|
Smith Survey, Abstract No. 286; Jose Ramon Bedford Survey, Abstract |
|
No. 5; Magarita Cherino Survey, Abstract No. 10; Antonio Maria |
|
Esnaurizar Survey, Abstract No. 20; James Hodges Survey, Abstract |
|
No. 148; Samuel Williams Survey, Abstract No.37; Edward C. Pettus |
|
Survey, Abstract No. 264; Josias Randolph Survey, Abstract No. 276; |
|
Martin Ussery Survey, Abstract No. 324; Joel W. Robinson Survey, |
|
Abstract No. 275; James M. Bell Survey, Abstract No. 75; Samuel |
|
Highsmith Survey, Abstract No. 25; Henry R. Hunt Survey, Abstract |
|
No. 150; Uzziel Wakefield Survey, Abstract No. 327; Frederick |
|
Happle Survey, Abstract No. 156; James A. Swift Survey, Abstract |
|
No. 292; John Tom Survey, Abstract No. 316; Carlos Espalier Survey, |
|
Abstract No. 129; Charles Hall Survey, Abstract No. 162; Matthew |
|
Besore Survey, Abstract No. 61; William Griffin Survey, Abstract |
|
No. 136; Andrew Neill Survey, Abstract No. 256; John Ussery Survey, |
|
Abstract No. 323; James H. Thomas Survey, Abstract No. 311; Robert |
|
Scobey Survey, Abstract No. 290; Churchill Fulchear Survey, |
|
Abstract No. 130; Young Seltoon Survey, Abstract No. 293; Loria |
|
Billings Survey, Abstract No. 55; W. Riley Wood Survey, Abstract |
|
No. 345; John McGrabb Survey, Abstract No. 242; Jacob A. Miller |
|
Survey, Abstract No. 231; William G. Hunt Survey, Abstract No. 149; |
|
J. G. King Survey, Abstract No. 208; William P. King Survey, |
|
Abstract No. 207; Robert Hall Survey, Abstract No. 158; Harriet |
|
Cottle Survey, Abstract No. 13; Geo. Blair Survey, Abstract No. 50; |
|
J. Hampton Kuykendall Survey, Abstract No. 199; Michael Miller |
|
Survey, Abstract No. 219; William H. Hunter Survey, Abstract No. |
|
152; Edwin R. Kellett Survey, Abstract No. 198; Robert M. |
|
Cartwright Survey, Abstract No. 83; James Latham Survey, Abstract |
|
No. 209; Robert Smith Survey, Abstract No. 33; John B. Cowan Survey, |
|
Abstract No. 84; J. Benton Johnson Survey, Abstract No. 191; |
|
William Burnett Survey, Abstract No. 73; Uzziel Wakefield Survey, |
|
Abstract No. 326; Michael Cody Survey, Abstract No. 99; Michael |
|
Cody Survey, Abstract No. 86; Edward Pettus Survey, Abstract No. |
|
31; William J. Ragsdale Survey, Abstract No. 268; Solomon Barnes |
|
Survey, Abstract No. 56; John Jones Survey, Abstract No. 189; |
|
Gustavus Chatwell Survey, Abstract No. 85; James W. Keller Survey, |
|
Abstract No. 201; George Allen Survey, Abstract No. 1; Charles |
|
Henderson Survey, Abstract No. 147; Christoval Rubio Survey, |
|
Abstract No. 274; Wm. Perkins Survey, Abstract No. 263; James |
|
Nashley Survey, Abstract No. 254; H. E. Jordt Survey, Abstract No. |
|
195; Wm. Perkins Survey, Abstract No. 263; James B. Cowan Survey, |
|
Abstract No. 81; John Wells Survey, Abstract No. 339; Cyrus |
|
Campbell Survey, Abstract No. 8; Andrew Mitchell Survey, Abstract |
|
No. 220; S. A. & M. G. R. R. Co. Survey, Abstract No. 308; Benjamin & |
|
Graves Fulcher Survey, Abstract No. 21; James T. Murphy Survey, |
|
Abstract No. 233; and |
|
In COMAL COUNTY, Texas: Antonio Maria Esnaurizar Survey, Abstract |
|
No. 1;Orilla Russell Survey, Abstract No. 485; Nancy Kenner Survey, |
|
Abstract No. 306; Samuel Craft Sr. Survey, Abstract No. 98; and |
|
And in HAYS COUNTY, Texas: Samuel Craft Sr. Survey, Abstract No. 89; |
|
Antonio Maria Esnaurizar Survey, Abstract No. 6; John Owens Survey, |
|
Abstract No. 356; Thomas Bell Survey, Abstract No. 47; and Charles |
|
Henderson Survey, Abstract No. 226. |
|
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 7206.103, 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 7206, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 7206.103 to read as follows: |
|
Sec. 7206.103. 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 Subsection (c), |
|
Section 17, 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, 2013. |