Bill Text: TX SB1869 | 2013-2014 | 83rd Legislature | Introduced

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

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Bill Title: Relating to the creation of the Kendall County Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [SB1869 Detail]

Download: Texas-2013-SB1869-Introduced.html

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83R16571 AED-F
By: Campbell S.B. No. 1869

A BILL TO BE ENTITLED
relating to the creation of the Kendall County Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8484 to read as follows:
CHAPTER 8484. KENDALL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8484.001. 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 Municipal
Utility District No. 1.
Sec. 8484.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8484.003. 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. 8484.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8484.003
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. 8484.005. 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 a
municipal utility district as provided by general law and Section
59, Article XVI, Texas Constitution.
Sec. 8484.006. 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. 8484.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8484.052, directors serve
staggered four-year terms.
Sec. 8484.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Michael Sedlak;
(2) Austin Ruple;
(3) Chris Hoegemeyer;
(4) Scot Wilson; and
(5) Jim Guy Egbert.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8484.003; 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 8484.003 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 8484.003; 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. 8484.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8484.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8484.103. 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 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8484.151. 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 8484.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
Sec. 8484.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8484.151, 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. 8484.153. 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. 8484.201. 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. 8484.202. TAXES FOR BONDS. (a) 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 Sections 54.601 and 54.602, Water
Code.
(b) The board's order to issue bonds and authorize an ad
valorem tax must provide that the imposition of the tax ends and the
district's authority to assess and collect the tax ends on the
retirement of the bonds for which the tax was originally authorized
unless the district voters authorize the extension or continuation
of the ad valorem tax in a subsequent bond election.
SECTION 2. The Kendall County Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
Tract I
FIELD NOTES COVERING 2386.785 ACRES OF LAND; BEING-THE SOUTHEAST
PORTION OF THE DONNER CORPORATION RANCH OR THE K.W.W. RANCH,
LOCATED ABOUT 15 MILES N. 65° E. FROM THE COUNTY SEAT IN BOERNE,
TEXAS, AND BEING ALL OR PARTS OF THE FOLLOWING SURVEYS, LOCATED IN
KENDALL COUNTY:
GRANTEE SURVEY NO. CERT. ABSTRACT ACRES
Hans Specht 99 456 101.515
P. Gill 96 142 1296 9.600
Hans Specht 733 486 81.818
Paul Richter 21 664 80.000
Wm. Kretzer 730 286 101.000
N. Sanchez 505 500 452 23.967
S.A. & M.G.Ry.Co. 149 46 737 112.500
Louis Willke 277 741 25.000
Charles Kayser 504 285 160.000
H. Richter 20 419 133.330
Phillip Bauer 306 764 20.880
Henry Acker 1268 8.152
James H. Mars 504-1/2 95 332 257.500
Oscar Voelker 276 761 80.000
Louis Willke 600 532 160.000
Thos. I. Robinson 601 85 416 191.000
Oscar Voelker 1083 1120 54.000
Christian Kaiser 506 284 183.655
John Reinhard 601 408 142.789
John Reinhard 507 422 35.759
C. F. Bergmann 508 71 5.016
C. F. Bergman 822 9 1047 404.080
John Remmling 584 423 7.576
Ben Ficklin Irr. Co. 821 9 80 1.148
C. H. Sultenfuss 136 236 892 6.500
Total Acreage 23866.500
ALL LYING AND BEING SITUATED IN KENDALL COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, TO WIT:
Beginning at an old fence corner on the northeasterly cut
bank of the Guadalupe River on the west corner of the Henry Richter
Survey No. 20, and the southwest corner of the Elisha Maxey Survey
No. 9.
THENCE with an old fence, generally along the southeast line
of said Survey No. 9, the following:
N 59° 49' E, 243.00 feet;
N 59° 04'.E, 589.10 feet;
N 59° 48' E, 853.00 feet;
N 59° 36' E, 800.00 feet;
N 59° 16' E, 2240.20 feet to an old fence corner marking the
most northeasterly corner of this tract.
THENCE with a fence, the following:
S 42° 12' E, 263.00 feet;
S 32° 24' E, 453.30 feet;
S 60° 11'W, 1107.50 feet;
S 29° 28'E, 255.00 feet;
S 81° 39'W, 47.56 feet;
S 19° 22'W, 41.60 feet;
S 47° 44'E, 283.40 feet;
S 29° 19'E, 490.00 feet;
S 53° 07'W, 200.00 feet;
S 53° 03'W, 382.00 feet;
S 15° 03' W, 374.60 feet to a fence corner on the north cut
bank of the Guadalupe River.
THENCE S 15° 02' 44" W, across the Guadalupe River, 165.00
feet to the south cut bank of said Guadalupe River.
THENCE down the south cut bank of the Guadalupe River, with
its meanders the following:
S 74° 16'02" E, 377.02 feet;
S 47° 56' 51" E, 466.46 feet;
S 57° 04'00" E, 449.09 feet;
S 40° 09'23" E,131.48 feet to a 1/2 inch iron rod on the northeast
corner of a 9,600 acre tract as recorded in volume 33, Page 332-333,
Kendall County Deed Records.
THENCE S 24° 57' W, 140.00 feet to a 1/2 inch iron rod for
corner.
THENCE S 25° 52' W, 776.40 feet to an old rock mound for
corner.
THENCE S 73' 22' W, 152.80 feet to a 1/2 inch iron rod in a
fence.
THENCE with a high fence, the following:
S 0° 03' W, 365.81 feet;
S 0° 11' E, 1107.00 feet;
S 0' 19' E, 350.70 feet;
N 88° 29' W, 1605.40 feet;
N 88° 35' W, 435.00 feet;
N 88° 16' W, 468.00 feet;
N 87° 45' W, 504.70 feet;
N 85° 47' W, 478.00 feet;
N 86° 49' W, 371.50 feet;
N 55° 44' W, 500.00 feet;
N 65° 26' W, 445.50 feet;
S 16° 47' W, 1501.50 feet;
S 3° 21' W, 1040.60 feet;
S 32° 25' N, 813.50 feet to an old fence corner with a low
fence.
THENCE with said low fence, the following:
S 36° 10' E, 816.00 feet;
S 37° 03' E, 234.20 feet;
S 27° 23' E, 422.50 feet;
N 43° 46' W, 453.20 feet;
N 44° 37' W, 191.70 feet;
N 70° 47' W, 68.50 feet;
S 74° 45' W, 131.50 feet;
N 86° 30' W, 59.00 feet;
N 34° 51' W, 104.70 feet;
N 33° 21' W, 223.00 feet
N 62° 12' W, 30.70 feet;
N 77° 09' W, 128.00 feet;
N 67° 39' W, 40.00 feet;
N 67° 03' W, 155.80 feet;
N 55° 43' W, 114.50 feet;
N 64° 46' W, 47.30 feet;
N 16° 43' W, 139.40 feet;
N 23° 03' W, 138.70 feet;
N 19° 44' W, 185.70 feet;
N 23° 46' W, 331.00 feet to an old fence corner in a high
fence.
THENCE with a high fence, the following;
N 67° 51' W, 121.30 feet;
N 80° 45' W, 531.30 feet;
S 81° 05' W, 1207.50 feet;
S 81° 41' W, 1249.50 feet;
S 82° 02' W, 1144.10 feet to point in SE line O. Voelcker Sur.
276;
S 46° 03' W, 189.00 feet, SE corner O. Voelcker Sur. 276;
N 46° 17' W, 520.00 feet;
N 1° 09' W, 321.00 feet;
N 38° 05' W, 130.30 feet;
N 88° 31' W, 328.70 feet;
N 45° 05' W, 611.50 feet;
N 44° 28' W, 713.60 feet;
N 46° 30' W, 187.40 feet;
S 48° 00' W, 483.00 feet;
S 45° 57' W, 758.00 feet;
S 44° 47' W, 1582.50 feet;
S 44° 11' W, 261.50 feet;
N 38° 23' W, 330.40 feet;
N 25° 30' W, 208.50 feet;
N 13° 11' W, 312.70 feet;
N 16° 28' W, 115.00 feet;
N 18° 53' W, 41.00 feet;
N 12° 19' W, 260.50 feet;
N 4° 02' W, 400.00 feet;
N 3° 49' W, 200.00 feet;
N 2° 48' E, 215.00 feet;
N 42° 12' W, 226.70 feet;
N 55° 37' W, 490.60 feet;
S 42° 33' W, 281.70 feet;
S 42° 58' W, 473.00 feet;
N 89°.53' W, 317.00 feet;
N 89' 50' W, 565.70 feet;
S 89' 56' W, 791.40 feet;
N 0° 21' E, 189.00 feet;
N 88° 44' W, 413.70 feet to a fence corner on the east margin
of the Bergheim-Kendalia County Road, marking the southwest corner
of this tract.
THENCE with a fence along the east margin of said
Bergheim-Kendalia County Road, the following:
N 39° 22' E, 431.00 feet;
N 27° 08' E, at 561.00 feet the center line of a private road,
and in all 614.30 feet to an angle in said fence.
THENCE with a fence along the east margin of said
Bergheim-Kendalia County Road, the following:
N 24° 13' E, 333.60 feet;
N 9° 53' E, 487.50 feet;
N 6° 01' W, 1331.00 feet to a fence corner on the southeast
intersection of the Bergheim-Kendalia County Road and the Edge
Falls County Road.
THENCE with a fence along the southerly margin of the Edge
Falls County Road, the following:
N 22° 16' E, 102.40 feet;
N 48° 22' E, 585.00 feet;
N 48° 26' E, 1526.00 feet;
N 44° 58' E, 1253.00 feet;
N 71° 44' E, 795.40 feet;
N 71° 39' E, 668.30 feet;
N 70° 27' E, 1426.00 feet;
N 71° 38' E, 465.00 feet;
N 71° 44' E, 759.00 feet;
N 72° 04' E, 1318.80 feet;
S 63° 49' E, 298.00 feet;
S 42° 16' 37" E, 369.99 feet to the west cut bank of the
Guadalupe River.
THENCE down the westerly and southerly cut bank of the
Guadalupe River, with its meanders, the following:
S 62° 15' 38" W, 144.44 feet;
S 15° 31' 19" E, 128.99 feet;
S 20° 05' 40" W, 332.37 feet;
S 8° 12' 17" E, 490.15 feet;
S 8° 59' 53" E, 348.65 feet;
S 8° 44' 00" E, 545.78 feet;
S 8° 28' 55" E, 296.01 feet;
S 11° 52' 19" E, 335.69 feet;
S 36° 50' 15" E, 506.70 feet;
S 66° 44' 24" E, 327.04 feet;
S 75° 03' 14" E, 388.59 feet;
N 69° 11' 57" E, 450.97 feet;
N 57° 00' 08" E, 296.82 feet;
N 26° 45' 57" E, 722.04 feet;
S 55° 02' 07" E, 140.00 feet;
N 23° 17' 30" E, 322.83 feet;
N 19° 49' 54" E, 202.20 feet;
B 23° 31' 55" E, 551.90 feet;
N 53° 59' 53" E, 420.32 feet;
N 59° 55' 19" E, 322.08 feet;
N 74° 26' 37" E, 475.42 feet;
N 89° 08' 15" E, 312.24 feet;
S 55° 02' 26" E, 455.87 feet;
S 42° 35' 06" E, 437.34 feet;
S 31° 36' 05" E, 349.46 feet to a point in line with the
south-easterly Line of the Elisha Survey No. 9 from north of the
Guadalupe River.
THENCE N 60° 52' 58" E, across the Guadalupe River, 162.00
feet to the PLACE OF BEGINNING.
SAVE & EXCEPT:
1.175 acres of land, more or less, described in 2 parts as
follows:
Part I
1.108 acres of land, more or less, same being 0.949 of an acre
of land, more or less, out of the C. F. Bergmann Survey No. 822, and
0.159 of an acre of land, more or less, out of the B.F.I.&M. Co.
Survey Ho. 821, as described above, and being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the proposed east right-of-way line
of R.M. 3160, same being in the west line of said Donner Corp.
property and the east line of the Bergheim-Kendalia County Road,
said point also being 60.00 feet at right angles from T.H.D. (Texas
Highway Department) Survey Line Station 451+8.99;
Thence along the proposed east right-of-way line of R.M. 3160 as
follows:
Southwesterly, on the arc of a circular curve to the right,
having a radius of 1969.86 feet and a chord, which bears South 20°
02' West for 1299.37 feet, a distance of 1324.16 feet to a point,
and
South 39° 17' 30" West, a distance of 71.70 feet to a point in
the west line of said Donner Corp. property and the east line of the
Bergheim-Kendalia County Road, said point also being 60.00 feet at
right angles from T.H.D. Survey Line Station 465+14.52; and being
further described as being North 38° 22' East 60.22 feet and North
39° 17' 30" East 108.34 feet from the north corner of Part 2 of this
Parcel.
Thence along the west line of said Donner Corp. property and
the east line of the Bergheim-Kendalia County Road as follows:
North 27° 23' East, a distance of 550.65 Feet to a point;
North 24° 26' East, a distance of 392.24 Feet to a point, and North
09° 54' East, a distance of 436.65 feet to the place of BEGINNING.
Part 2
0.067 acre of land, more or less, same being out of the above
described C. H. Sueltenfuss Survey No. 136 and being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the proposed east right-of-way line
of R.M. 3160, same being in the west line of said Donner Corp.
property and the east line of the Bergheim-Kendalia County Road,
said point also being 60.00 feet at right angles from T.H.D. (Texas
Highway Department) Survey Line Station 466+85.03;
Thence southwesterly, on the arc of a circular curve to the
left, having a radius of 1849.86 feet and a chord, which bears South
33° 33' West for 250.42 feet, a distance of 250.61 feet to a point in
a south line of said Donner Corp. property, said point being South
89° 06' West, 378.7 feet from an interior southwest corner of said
Donner Corp. 2386.785 acre tract;
Thence South 89° 06' West, along a south line of said Donner
Corp. property, a distance of 35.10 feet to the original southwest
corner of said Donner Corp. 2386.785 acre tract;
Thence North 39' 40' East, along the west line of said Donner
Corp. property and the east line of the Bergheim-Kendalia County
Road, a distance of 271.81 feet to the place of BEGINNING.
Being the same property conveyed to the State of Texas by Deed
recorded in Volume 105, Page 445, Kendall County Deed Records.
SAVE & EXCEPT:
Being 23.741 acres of land out of a 2386.785 acre tract of
Land conveyed to KMI Associates by deed dated July 27, 1973,
recorded in Volume 117, Page 787 in the Deed Records of Kendall
County, Texas, and being' part of the Henry Bechter Survey 20,
Abstract No. 419, the Henry Acker Survey 1268, and the Phillip Gauer
Survey 306, Abstract No. 764, Kendall County, Texas.
Beginning at an iron pin at fence corner for the most easterly
north corner of said 2386.785 acre tract, being in the southeast
line of the Elisha Maxey Survey 9, Abstract No. 316 and the
northwest line of the Henry Acker Survey 1268, and being a
recentrant corner of the Alfred G. Kneupper, et ux, property
recorded in Volume 68, Page 507 of the Deed Records of Kendall
County, Texas.
Thence with fence and the southeast line of the Elisha Maxey
Survey 9, Abstract No. 316 and the most easterly northwest line of
said 2305.705 acre tract, S 56° 31' 48" ll 432.34 feet to an iron pin
in fence.
Thence continuing with fence and the southeast line of the
Elisha Maxey Survey; 9, Abstract No. 316, S 59° 26' 19" ll 1105.74
feet to a fence post at the northeast end of a 10 foot gate for the
west corner of this tract.
Thence through said 2386.785 acre tract, S 34° 03' 31" E 22.43
feet to an iron pin in the north right-of.-way line of a County Road.
Thence with the northeast line of said County Road S 40° 05'
46" E 240.13 feet to an iron pin.
Thence continuing with the northeast Tine of said County
Road, S 58° 21' 33" 477.65 feet to an eight inch fence post in
concrete for the most southerly corner of this tract, being in the
east line of said 2386.785 acre tract and being in the west line of
the Stella Hofheinz Harz property recorded in Volume 105, Page 622
of the Deed Records of Kendall County, Texas.
Thence with fence and the east line of said 2386.785 acre
tract and the west line of the Stella Hofeinz Harz property N 18° 23'
52" E 12.00 feet to a six inch post set in concrete and N 7° 48' 20" W
71.38 feet to an iron pin at an 18 inch Oak tree in fence.
Thence continuing with fence N 23° 45' 36" W 173.42 feet to a
six inch fence post.
Thence with fence N 60° 11' 00" E 1106.23 feet to an iron pin
at fence corner for the northwest corner of said Stella Hofheinz
Harz tract and the east corner of this tract.
Thence with fence and the southwest 1ine of said. Alfred G.
Knuepper, et ux, property, N 32° 18' 39" W 453.42 feet to an iron pin
in fence.
Thence with fence N 41° 55' 02" W 262.86 feet to the place of
beginning.
Being the same property conveyed to O. H. Finck by Deeds
recorded in Volume 122, Page 253 and Volume 122, Page 259, both
Kendall County Deed Records.
TRACT II
30.004 ACRES OF LAND, MORE OR LESS, OUT OF AND A PART OF THE
HENRY RICHTER SURVEY NO. 20. ABS. 419, BEING A PART OF THE
NORTHEASTERLY SECTOR OF THE DONNER CORPORATION KWW RANCH AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
ORIGINATING:At a Point, the same being an Iron Pin with a Rock
Mound having a Flat Rock with the inscription, "Corner 30 Acres,
02-28-73", which bears from the Point of Intersection of the
Northeasterly Meanders of the Guadalupe River and the Northerly
Line of the aforementioned Richter Survey along a Fence Line being
the Northerly Boundary of the previously mentioned Richter Survey
the following courses:
N59° 45' 00"E, 243.00 feet to a point;
N59° 04'00"E, 589.00 feet to a point;
N59° 48' 00"E, 853.00 feet to a point;
THENCE: S32°44'32"E, 514.60 feet to the POINT OF BEGINNING of
the hereinafter described tract:
THENCE: N56°49'15"E, 991.09 feet to an Iron Pin with a Rock
Mound having a Flat Rock which indicates "Corner 30 Acres,
02-28-73" (The some bearing from a Northeasterly Corner, having an
Iron Pin set and being also a fence corner, of the Donner
Corporation KWW Ranch, the following courses: S47°44'00"E, 190.65
feet to a point; S42°16'00"W, 5.00 feet to a point; N85°41'00"W,
1172.05 feet to the above described Iron Pin):
THENCE: S15°07'15"E, 1352.62 feet to an Iron Pin (the same
being referenced from a 40 inch Cypress Tree, N10°02'45"W, 9.70
feet, also being referenced from another 48 inch Cypress Tree
1145°16'15"E, 28.00 feet);
THENCE: S36°59'45"E, 9.74 feet to a Point of Intersection with
the Northerly Meander Line of the Guadalupe River;
THENCE: Along the Northerly Meander Line of the Guadalupe
River, the ensuing courses:
S53°00'10"W, 100.00 feet to a point;
S46°43'26W, 100.61 feet to a point;
S39°20'13"W, 25.37 feet to a point;
S49°39'18"W, 98.72 feet to a point;
S54°44'23"W, 56.68 feet to a point;
S59°51'29"W, 104.01 feet to a point;
S64°00'41"W, 100.02 feet to a point;
S68°34'23"W, 100.50 feet to a point;
S59°48'03"W, 93.56 feet to a point;
S51°37'36"W, 97.12 feet to a point
S5°47'23"W, 25.48 feet to a point, the same being the
southwesterly Corner of the herein described tract;
THENCE: N38°12'15"W, 29.74 feet to an Iron Pin (the same being
referenced from a 36 inch Pecan Tree N27°24'45"E, 3.80 feet, also
being referenced from a 24 inch Pecan Tree S23°57'15"E, 17.30 feet);
THENCE: N14°07'45"E, 1366.00 feet to the POINT OF BEGINNING
and POINT OF CLOSURE, containing 30.004 acres of land, more or less.
TRACT III
Parcel A
100.00 ACRES
Being 100.00 acres of land out of and a part of the Hans
Specht Survey No. 733, Abstract No. 456, the Hans Specht Survey No.
99, Abstract No. 486 and the Peter Gill Survey No. 96, Abstract No.
1296, Kendall County, Texas and being part of a 2,386.785 acre tract
of land, same land described by deed from Donner Corporation to Joan
Brown Winter, et al. dated March 1, 1969, recorded in Volume 99,
Page 294 through 307 of the Deed Records of Kendall County, Texas
and being more particularly described by metes and bounds, as
follows:
BEGINNING at a fence corner found for and marking the most
Easterly Southeast corner of said 2,386.785 acre tract of land,
being the Southeast corner of the herein described tract.
THENCE with fence and the most Easterly South line of said
2,386.785 acre tract, N 88° 40.'00" W, 1,286.66 feet to an angle
point in fence;
THENCE continuing with said fence, N 80°52'14" W, 374.48 feet
to a one-half inch (1/2") iron pin set in fence for the Southwest
corner of this tract;
THENCE through said 2,386.785 acre tract N 16° 00' 36" E.
3,548.79 feet to a one-half inch (1/2") iron pin set on the South
bank of the Guadalupe River, being the Northwest corner of this
tract;
THENCE with the South bank of the Guadalupe River the
following course and distances:
S 73°57'42" E,50.00 feet;
S 80°53'56" E,61.59 feet;
S 75°09'36" E,58.06 feet;
S 66°28'59" E,106.01 feet;
S 74°38'57" E,74.46 feet;
S 69°09'06" E,130.49 feet;
S 55°03'45" E,56.00 feet;
S 56°48'21" E,81.41 feet;
S 49°19'47" E,80.33 feet;
S 66°54'11" E,80.09 feet;
S 52°14'05" E,47.42 feet;
S 55°55'43" E,84.33 feet;
S 50°06'31" E,110.60 feet;
S 42°21'14" E,42.59 feet;
S 46°32'50" E,89.53 feet;
S 88°39'48" E,45.57 feet;
S 37°19'15" E,55.76 feet;
S 50°33'47" E,49.28 feet; and
S 42°37'23" E,166.17 feet to a fence corner on the South Bank
of the Guadalupe River found for and marking an East corner of said
2,386.785 acre tract;
THENCE with fence and the East line of said 2,386.785 acre
tract. S 25° 35'13" W, 926.78 feet to a fence corner;
THENCE continuing with fence and East line of said 2.386.785
acre tract, S 72° 27' 37" W. 150.37 feet to a one-half inch (1/2")
iron pin found at fence corner;
THENCE continuing with fence and the East line of said
2,386.785 acre tract of land. S 00° 09' 44" E, 1,820.72 feet to the
PLACE-OF-BEGINNING end containing 100.00 acres of land, more or
less.
TRACT III
Parcel B
100.00 ACRES
Being 100.00 acres of land out of and a part of the William
Kretzer Survey No. 730, Abstract No. 286, the Paul Richter Survey
No. 21, Abstract No. 664, the Hans Specht Survey No. 733, Abstract
No. 456 and the Hans Specht Survey No. 99, Abstract No. 486, Kendell
County, Texas and being part of a 2,386.785 acre tract of land
described in deed from Donner Corporation to Joan Brown Winter, et
al dated March 1, 1969, recorded in Volume 99, Page 294 through 307
of the Deed Records of Kendall County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a one-half inch (1/2") iron pin set in fence for
the Southeast corner of this tract, being on the most Easterly South
line of said 2,386.785 acre tract of land and being H 88° 52' 14" W,
374.48 feet and N 88° 40' 00" W, 1,286.66 feet along fence from a
fence corner found for the most Easterly Southeast corner of said
2,386.785 acre tract of land.
THENCE with fence and the most Easterly South line of said
2,386.785 acre tract of land as follows:
N 88° 52' 14" W, 204.42 feet;
N 88° 28' 27" W, 705.24 feet;
N 87° 06' 26" W, 689.95 feet; and
N 86° 45' 18" W, 602.13 feet to a one-half inch (1/2") iron pin
found at fence corner;
THENCE continuing with fence and the most Easterly South line
of said 2,386.785 acre tract, N 65° 48' 20" W, 945.71 feet to a
one-half inch (1/2") iron pin at fence corner found for a re-entrant
corner of said 2,386.785 acre tract, being the most Westerly
Southwest corner of this tract;
THENCE through said 2,386.705 acre tract, N 32° 28' 02" E,
1,306.67 feet to a one-half inch (1/2") iron pin set for the
Northeast corner of this tract;
THENCE S 88° 05' 08" E, 2,789.46 feet to a one-half inch (1/2")
iron pin set for the Northeast corner of this tract; being on the
West line of Tract 1 previously described;
THENCE with the West line of Tract 1 previously described, S
16° 00' 36" W, 1,548.60 feet to the PLACE-OF-BEGINNING and
containing 100.00 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8484, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8484.104 to read as follows:
Sec. 8484.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) 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, 2013.