By Shields H.B. No. 1455
77R4216 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operations, and financing of Cibolo Canyon Conservation and
1-4 Improvement District No. 1; granting the authority to impose taxes
1-5 and issue bonds; granting the power of eminent domain.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION. (a) A conservation and reclamation
1-8 district, to be known as Cibolo Canyon Conservation and Improvement
1-9 District No. 1, is created in Bexar County, subject to approval at
1-10 a confirmation election under Section 9 of this Act.
1-11 (b) The district is created as a special district under and
1-12 is essential to accomplish the purposes of Section 52, Article III,
1-13 Section 52-a, Article III, and Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITIONS. In this Act:
1-16 (1) "Board" means the board of directors of the
1-17 district.
1-18 (2) "Commission" means the Texas Natural Resource
1-19 Conservation Commission.
1-20 (3) "District" means the Cibolo Canyon Conservation
1-21 and Improvement District No. 1.
1-22 (4) "Improvement project" means any program or project
1-23 authorized by this Act, inside or outside the district, that is
1-24 necessary to accomplish the public purposes of the district.
2-1 SECTION 3. BOUNDARIES. The district includes approximately
2-2 2,861.0294 acres in three tracts, to-wit:
2-3 TRACT NO. 1
2-4 1,817.4324 acres of land, Bexar County, Texas, consisting of
2-5 1,623.189 acres, being 180.972 acres of land out of the Heirs of
2-6 William Brisbin Survey No. 89 1/2, 67.620 acres of land out of the
2-7 Rompel, Koch & Voges Survey No. 1, 929.031 acres of land out of the
2-8 E. Martin Survey No. 89, 89.250 acres of land out of the El Paso
2-9 Irrigation Co. Survey No. 92 1/10, 356.166 acres of land out of the
2-10 Adolpus Hernden Survey No. 478 1/3 and 0.150 of an acre out of the
2-11 E. Valdez Survey No. 478 1/2, Bexar County, Texas, and being all of
2-12 that certain 1,627.008 acre tract of land re-surveyed and found to
2-13 contain under monumentation 1,623.189 acres of land, conveyed by
2-14 J.J. McCullick, Trustee to Murray A. Winn, Jr., Thomas T. Winn and
2-15 Randal W. Winn by deed dated August 20, 1973 and recorded in Volume
2-16 7167 on pages 586-588 of the Deed Records of Bexar County, Texas,
2-17 and in all under fence 1,623.189 acres of land described more
2-18 particularly by metes and bounds as follows:
2-19 BEGINNING at an iron pin and corner post found in the East line of
2-20 Bulverde Road, for the Northwest corner of the above-described
2-21 1,627.008 acre tract, for the Northwest corner of the herein
2-22 described 1,623.189 acre tract;
2-23 THENCE with the fence, a North line of the 1,627.008 acre tract, N
2-24 87 50' 00" E. 5,988.85 feet to an iron pin set at a corner post,
2-25 for a re-entrant corner of the 1,627.009 acre tract, for a
2-26 re-entrant of this tract;
2-27 THENCE with the fence, the Southwest line of the 1,627.008 acre
3-1 tract, N. 25 05' 12" W. 3, 406.40 feet to a 4" steel post and N.
3-2 25 18' 04" W. 1,064.15 feet to an iron pin set at a corner post,
3-3 for the West corner of the 1,627.008 acre tract, for the West
3-4 corner of this tract;
3-5 THENCE with the fence, the Northwest line of the 1,627.008 acre
3-6 tract, N 53 31' 36" E. 2,026.43 feet to an iron pin found at a
3-7 corner post, for the North corner of the 1,627.008 acre tract, for
3-8 the North corner of this tract;
3-9 THENCE with the fence, the Northeast line of the 1,627.008 acre
3-10 tract, S. 55 52' 24" E. 3,325.69 feet to an iron pin set at a 36"
3-11 Live Oak, S. 55 47' 33" E. 5,277.27 feet to a cedar post, and S.
3-12 51 41' 25" E. 244.53 feet to an iron pin found at a corner post,
3-13 for the Northeast corner of the 1,627.008 acre tract, for the
3-14 Northeast corner of this tract;
3-15 THENCE with the fence, the East line of the 1,627.008 acre tract,
3-16 S. 05 30' 33" E. 1,478.86 feet to a 24" Live Oak, S. 09 56' 00" E
3-17 382.42 feet to a 36" dead Live Oak, S. 00 10' 35" E. 1,193.13 feet
3-18 to a corner post, S 14 18' 24" W. 2,685.40 feet to a corner post
3-19 and S. 14 33' 47" W. 2,366.39 feet to an iron pin and corner post
3-20 found in the North line of Evans Road, for the Southeast corner of
3-21 the 1,627.008 acre tract, for the Southeast corner of this tract;
3-22 THENCE with the North line of Evans Road, the South line of the
3-23 1,627.008 acre tract, N. 78 46' 47" W. 2,659.16 feet to an iron
3-24 pin found and N. 69 59' 28" W. 42,27 feet to an iron pin and
3-25 corner post found for the Southwest corner of the 1,627.008 acre
3-26 tract, for the Southwest corner of this tract;
3-27 THENCE with the fence, the Southwest line of the 1,627.008 acre
4-1 tract N. 24 59' 47" W. 1,274.56 feet to an iron pin found in
4-2 concrete N. 25 06' 27" W. 450.07 feet to an iron pin found in
4-3 concrete and N. 25 07' 30" W. 4,724.98 feet to an iron pin and
4-4 corner post found for a re-entrant corner of the 1,627.008 acre
4-5 tract, for a re-entrant corner of this tract;
4-6 THENCE with the fence, a South line of the 1,627.008 acre tract, S.
4-7 87 49' 00" W. 7,067.93 feet to an iron pin and corner post found
4-8 in the East line of the aforesaid Bulverde Road, for a Southwest
4-9 corner of the 1,627.008 acre tract, for the Southwest corner of
4-10 this tract;
4-11 THENCE with the fence, the East line of Bulverde Road, the West
4-12 line of 1,627.008 acre tract, N. 14 11' 23" W. 103.96 feet to an
4-13 iron pin found, N. 25 56' 24" W. 56.80 feet to an iron pin found,
4-14 N. 10 00' 38" E. 642.67 feet to an iron pin found, N. 31 37' 48"
4-15 E. 405.19 feet to an iron pin found and N. 43 18' 27" E. 284.98
4-16 feet to the place of beginning; and
4-17 A 194.2434 acre tract of land being a 133.662 acre tract and a 60
4-18 acre tract, recorded in Volume 5259, Page 713, of the Deed and Plat
4-19 Records of Bexar County, Texas all out of that 975 acre tract,
4-20 recorded in Volume 2649, Page 347, of the Deed and Plat Records of
4-21 Bexar County, Texas, said 975 acres being out of the William
4-22 Brisbin Survey No. 89-1/2, Abstract No. 54, County Block 4900; the
4-23 Rompel, Koch, and Voges Survey No. 1, Abstract No. 524, County
4-24 Block 4909; the El Paso Irrigation Co. Survey No. 92-1/10, Abstract
4-25 No. 845, County Block 4910, and the A. Herndon Survey No. 478-1/3,
4-26 County Block 4911, in Bexar County, Texas; said 194.2434 acre tract
4-27 being more particularly described as follows:
5-1 BEGINNING: At a found iron pin on the East ROW line of Bulverde
5-2 Road; said iron pin being the southwest corner of a 201.755 acre
5-3 tract of land recorded in Volume 5177, page 214 of the Deed and
5-4 Plat Records of Bexar County, Texas, a point on the west line of
5-5 said 975 acre tract and the northwest corner of this tract being
5-6 described;
5-7 THENCE: N 87 49' 00" E 4111.86 feet along the south line of said
5-8 201.755 acre tract to a set iron pin for the northeast corner of
5-9 this tract being described;
5-10 THENCE: S 17 48' 10" W 1026.39 feet to a set iron pin, an angle
5-11 point;
5-12 THENCE: S 87 49' 00" W 480.00 feet to a set iron pin, an angle
5-13 point;
5-14 THENCE: S 01 56' 52" E 2422.66 feet to a set iron pin, an angle
5-15 point;
5-16 THENCE: S 58 24' 54" E 614.01 feet to a set iron pin in the north
5-17 ROW line of Bulverde Road for the most southerly corner of this
5-18 tract being described;
5-19 THENCE: Along the North and East ROW lines of Bulverde Road the
5-20 following:
5-21 N 33 57' 26" W 50.98 feet to a fence post;
5-22 N 49 26' 48" W 130.00 feet to a fence post;
5-23 N 29 20' 31" W 98.42 feet to a fence post;
5-24 N 06 17' 36" W 473.07 feet to a fence post;
5-25 N 23 00' 14" W 59.06 feet to a fence post;
5-26 N 46 09' 34" W 84.28 feet to a fence post;
5-27 N 64 54' 41" W 432.50 feet to a fence post;
6-1 N 71 51' 54" W 71.04 feet to a fence post;
6-2 N 81 16' 59" W 371.73 feet to a fence post;
6-3 N 85 52' 06" W 572.15 feet to a fence post;
6-4 N 74 42' 04" W 149.88 feet to a fence post;
6-5 N 32 10' 20" W 114.58 feet to a fence post;
6-6 N 01 01' 25" W 98.11 feet to a fence post;
6-7 N 29 30' 30" W 286.05 feet to a fence post;
6-8 N 21 27' 47" W 357.98 feet to a fence post;
6-9 N 31 38' 18" W 412.03 feet to a fence post;
6-10 N 22 38' 13" W 557.93 feet to a fence post;
6-11 N 46 32' 05" W 115.41 feet to a fence post;
6-12 N 65 46' 38" W 249.44 feet to a fence post;
6-13 N 39 34' 19" W 111.14 feet to a fence post;
6-14 N 14 12' 22" W 635.11 feet to the POINT OF BEGINNING containing
6-15 194.2434 acres.
6-16 TRACT NO. 2
6-17 Being 258.197 acres of land out of the Wm. W. Allen Survey No. 353,
6-18 Abstract 34, County Block 4866; the C. Vogel & F. Koch Survey No.
6-19 442, Abstract 984, County Block 4872A; the Rompel, Koch & Voges
6-20 Survey No. 1, Abstract 1020, County Block 4901; the Antonio Ruiz
6-21 Survey No. 448, Abstract 638, County Block 4898; the J.W. Esther
6-22 Survey No. 364, Abstract 219, County Block 4897; the E. Gonzalez
6-23 Survey No. 441, Abstract 288, County Block 4902; the W.M. Brisbin
6-24 Survey No. 89 1/2, Abstract 54, County Block 4900 and the C.A.
6-25 Rompel Survey No. 448, Abstract 1089, County Block 4880, Bexar
6-26 County, Texas and said 258.197 Acre Tract being the same tract of
6-27 land conveyed to Gill Savings Association by Deed in Lieu of
7-1 Foreclosure recorded in Volume 4826, Pages 1552-1576 of the Deed
7-2 Records of Bexar County, Texas and said 258.197 Acre Tract being
7-3 more fully described as follows:
7-4 BEGINNING at a found iron pin at an existing fence corner post on
7-5 the east right-of-way line of Smithson Valley Road and being the
7-6 northwest corner of a 1754.32 Acre Tract recorded in Volume 6967,
7-7 Page 927 of the Deed Records of Bexar County, Texas also being the
7-8 northwest corner of this tract;
7-9 THENCE: with the north line of the above mentioned 1754.32 Acre
7-10 Tract, the following:
7-11 N. 81 56' 58" E., 3,053.28 feet to an iron pin found at a
7-12 fence post for an angle point;
7-13 N. 81 56' 47" E., 6,664.34 feet to a fence post for an
7-14 angle point;
7-15 N. 82 06' 11" E., 4,387.57 feet to a fence post for an
7-16 angle point;
7-17 N. 85 11' 02" E., 1,051.00 feet to an iron pin found at a
7-18 fence corner post for an interior corner;
7-19 N. 12 36' 34" E., 550.49 feet to an iron pin found at a
7-20 fence corner post for an exterior corner;
7-21 S. 88 30' 33" E., 540.90 feet to an iron pin found for an
7-22 interior corner and being the south line of a 1249.70 Acre Tract;
7-23 THENCE: N. 02 00' 48" W., 1.580.54 feet to an iron pin found for
7-24 the most northerly corner of this tract;
7-25 THENCE: S. 29 43' 19" E., 2,024.00 feet to a fence post for a
7-26 corner;
7-27 THENCE: with fence line the following:
8-1 S. 68 21' 52" W., 12.37 feet to a fence post;
8-2 S. 78 05' 05" W., 10.79 feet to an iron pin found;
8-3 S. 77 48' 22" W., 54.36 feet to an iron pin found at a fence
8-4 corner post;
8-5 S. 01 44' 20"E., 87.63 feet to a fence corner post;
8-6 S. 60 40' 25" E., 69.88 feet to a fence corner post on the south
8-7 line of the aforementioned 1754.32 Acre Tract;
8-8 THENCE: with fence line along the south line of said 1754.32 Acre
8-9 Tract the following:
8-10 S. 56 39' 48" W., 1,447.64 feet to an angle point;
8-11 S. 56 55' 59" W., 290.63 feet to an angle point;
8-12 S. 56 38' 48" W., 1,414.12 feet to an angle point;
8-13 S. 56 38' 33" W., 2,874.22 feet to a fence corner post for
8-14 the southwest corner of this tract;
8-15 THENCE: leaving the south line of said 1754.32 Acre Tract and with
8-16 fence line the following:
8-17 N. 41 18' 08" W., 275.69 feet to a fence post;
8-18 N. 56 01' 07" W., 246.81 feet to a fence post;
8-19 N. 30 11' 39" W., 756.76 feet to a fence post;
8-20 N. 18 09' 39" W., 541.29 feet to an iron pin found;
8-21 N. 18 06' 15" W., 213.89 feet to a fence corner post;
8-22 S. 83 04' 23" W., 291.96 feet to a fence corner post;
8-23 N. 34 59' 36" W., 140.19 feet to a fence corner post;
8-24 N. 79 49' 47" W., 272.95 feet to a fence corner post;
8-25 N. 29 28' 15" W., 204.10 feet to an iron pin found;
8-26 N. 28 30' 33" W., 384.05 feet to an iron pin found for an interior
8-27 corner of this tract;
9-1 THENCE: 60.00 feet south and parallel to the north line of said
9-2 1754.32 Acre Tract the following:
9-3 S. 81 , 56', 47" W., 6,684.18 feet to a Railroad spike found;
9-4 S. 81 , 56', 58" W., 3,076.80 feet to an iron pin found on the east
9-5 right-of-way line of Smithson Valley Road for a corner of this
9-6 tract;
9-7 THENCE: N. 11 11' 00" E., 63.60 feet along the east right-of-way
9-8 line of Smithson Valley Road to the POINT OF BEGINNING and
9-9 containing 258.197 acres of land more or less.
9-10 TRACT NO. 3
9-11 A 785.4 acres, or 34,210,000 square feet, tract of land being the
9-12 remainder of that 927.064 acre tract described in deed from Henry
9-13 Van de Walle et al to Dan F. Parman in Volume 3089, Page 1393-1399
9-14 of the Official Public Records of Real Property of Bexar County,
9-15 Texas, and conveyed to Peter Wolverton in Volume 5382, Page 756-764
9-16 of the Official Public Records of Real Property of Bexar County,
9-17 Texas out of the E. Martin Survey 89, Abstract 524, County Block
9-18 4909, the E. Gonzales Survey 441, Abstract 288, County Block 4902,
9-19 the Salvador Flores Survey No. 440, Abstract 243, County Block
9-20 4907, the Jil Jimenez Survey 358, Abstract 821 (Bexar) 682 (Comal),
9-21 County Block 4905, the W. H. Hughes Survey No. 478, Abstract 345
9-22 (Bexar) 364 (Comal), County Block 4906, and the F. Valdez Survey
9-23 No. 478 1/2, Abstract 787, County Block 4908, in Bexar and Comal
9-24 Counties, Texas. Said 785.4 acres being more particularly
9-25 described as follows:
9-26 BEGINNING: at a set 1/2" iron rod with yellow cap marked
9-27 "Pape-Dawson" at the southernmost corner of this tract, on the
10-1 south line of said 927.064 acre tract, at the southwest corner of a
10-2 99.900 acre tract out of said 927.064 acre tract, the southwest
10-3 corner of said 99.900 acre tract and said 927.064 acre tract being
10-4 S 64 40'20" E, a distance of 780.00 feet to a found 1/2" iron rod,
10-5 S 65 48'16" E, a distance of 1696.16 feet to a found 1/2" iron rod;
10-6 THENCE: Along and with the south line of said 927.064 acre tract
10-7 the following calls and distances:
10-8 N 65 40'20"W, at 29.25 feet passing the northeast corner of a
10-9 51.788 acre tract conveyed to John B. Webb in Volume 7002, Page
10-10 658-682 of the Official Public Records of Real Property of Bexar
10-11 County, Texas, and continuing with the south line of said 927.064
10-12 acre tract for a total distance of 1636.13 feet to a found 1/2"
10-13 iron rod;
10-14 N 49 15'20"W, a distance of 1274.99 feet to a found 1/2" iron
10-15 rod at the northwest corner of said 51.788 acre tract, the
10-16 northeast corner of a 1394.189 acre tract conveyed to Lumbermans
10-17 Investment Corporation in Volume 5792, Page 1701-1709 of the
10-18 Official Public Records of Real Property of Bexar County, Texas by
10-19 deed N 50 51'38" W, 1276.71 feet;
10-20 N 50 09'55"W, a distance of 253.64 feet to a found 1/2" iron
10-21 rod, by deed N 51 46'13"W, 246.49 feet;
10-22 N 54 11'40"W, a distance of 5267.86 feet to a found 1/2" iron rod
10-23 in a 30" Live Oak, by deed N 55 47'33" W, 5276.83 feet;
10-24 N 54 16'26"W, a distance of 3325.13 feet to a found 1/2" iron
10-25 rod at the southwest corner of the said 927.064 acres, the
10-26 northwest corner of said 1394.189 acre tract, on the southeast line
10-27 of a 1350.297 acre tract conveyed to the Poerner Family Partnership
11-1 in Volume 4869, Page 292-312 of the Official Public Records of Real
11-2 Property of Bexar County, Texas, by deed N 55 52'19" W, 3325.35
11-3 feet;
11-4 THENCE: N 54 59'55"E, a distance of 2448.93 feet to a found 1/2"
11-5 iron rod at the northwest corner of said 927.064 acre tract, by
11-6 deed N 53 24'02" E, 2449.06 feet;
11-7 THENCE: Continuing with the north line of said 927.064 acre tract
11-8 the following calls and distances:
11-9 S 41 19'21"E, a distance of 1536.97 feet to a found 1/2" iron
11-10 rod, by deed S 42 55'36" E, 1536.87 feet;
11-11 N 79 13'24"E, a distance of 849.81 feet to a found 1/2" iron
11-12 rod, by deed N 77 37'30" E, 849.79 feet;
11-13 S 80 58'59"E, a distance of 1577.28 feet to a found 1/2" iron
11-14 rod in 18" Cedar, by deed S 82 36'03"E, 1577.43 feet;
11-15 S 19 36'38"E, a distance of 238.56 feet to a found 1/2" iron
11-16 rod in 17" Cedar, by deed S 21 16'00"E, 238.76 feet;
11-17 S 31 12'31"E, a distance of 408.74 feet to a found 1/2" iron
11-18 rod in 20" Cedar, by deed S 32 46'48"E, 408.62 feet;
11-19 THENCE: S 38 28'19"E, a distance of 513.61 feet to a found 1/2"
11-20 iron rod at the north corner of a 7.312 acre tract conveyed to John
11-21 L. and Mary H. McClung in Volume 6934, Page 826-829 of the Official
11-22 Public Records of Real Property of Bexar County, Texas, the north
11-23 corner of that 40.955 acre tract out of said 927.064 acre tract
11-24 conveyed to John O. Spice in Volume 6932, Page 279-286 of the
11-25 Official Public Records of Real Property of Bexar County, Texas;
11-26 THENCE: Along and with the south line of said 40.955 acre tract
11-27 the following calls and distances:
12-1 S 76 31'41"W, a distance of 408.43 feet to a set 1/2" iron
12-2 rod with cap marked "Pape-Dawson", by deed S 74 57'31"W, 408.99
12-3 feet;
12-4 S 09 28'05"E, a distance of 244.99 feet to a found 1/2" iron
12-5 rod, by deed S 11 10'57"E, 245.63 feet;
12-6 S 44 28'05"E, a distance of 310.27 feet to a found 1/2" iron
12-7 rod, by deed S 46 10'57" E, a distance of 310.00 feet;
12-8 S 59 36'52"E, a distance of 289.82 feet to a found 1/2" iron
12-9 rod, by deed S 61 10'57" E, 290.07 feet;
12-10 S 88 19'58"E, a distance of 1558.63 feet to a found 1/2" iron
12-11 rod, by deed East 1558.42 feet;
12-12 S 66 02'47"E, a distance of 318.27 feet to a found 1/2" iron
12-13 rod, by deed S 67 40'05" E, 318.43 feet;
12-14 S 88 18'36"E, a distance of 895.37 feet to a found 1/2" iron
12-15 rod, by deed East 894.76 feet;
12-16 N 74 47'26"E, a distance of 418.72 feet to a found 1/2" iron
12-17 rod, bent, by deed N 73 10'20"E, 417.94 feet;
12-18 S 88 07'27"E, at 626 feet passing the centerline of the
12-19 Cibolo Creek and continuing for a total distance of 954.80 feet to
12-20 a found 1/2" iron rod at the southeast corner of said 40.955 acre
12-21 tract, on the east line of said 927.064 acre tract;
12-22 THENCE: Along and with the east line of said 927.064 acre tract
12-23 the following calls and distances:
12-24 S 16 12'32"E, a distance of 527.73 feet to a set 1/2" iron
12-25 rod with cap marked "Pape-Dawson" in the centerline of said Cibolo
12-26 Creek, by deed S 17 50'29" E;
12-27 THENCE: S 63 21'01"E, a distance of 311.99 feet to a set 1/2" iron
13-1 rod with cap marked "Pape-Dawson" on the northeast corner of the
13-2 said E. Martin Survey, on the south line of the said W.H. Hughes
13-3 Survey 478, from which a 60" Live Oak bears N 43 E, a distance of
13-4 32.6 feet (11 3/4 varas) called a double 20" Live Oak in the deed
13-5 of 392.0 acres from Dierks to 4D Bar Ranch recorded in Document
13-6 98-06026868 of the Official Records of Comal County, by deed
13-7 S63 15'29"E, 328.78 feet;
13-8 THENCE: S 10 13'15"E, along and with the west line of said 392.0
13-9 acres, called as southerly line of the Joseph Thompson Survey 758,
13-10 a distance of 2453.77 feet to a set 1/2" iron rod with cap marked
13-11 "Pape-Dawson" in the centerline of the Cibolo Creek, the northeast
13-12 corner of the aforementioned 99.900 acre tract, by deed S
13-13 11 45'29"E;
13-14 THENCE: Along and with the north and west line of said 99.900 acre
13-15 tract the following calls and distances:
13-16 S 79 50'41" W, a distance of 1149.13 feet to a set 1/2" iron
13-17 rod with cap marked "Pape-Dawson", by deed S78 14'31"W, 1150.73
13-18 feet;
13-19 S 08 48'58" W, a distance of 1577.45 feet to a set 1/2" iron rod
13-20 with cap marked "Paper-Dawson", by deed S 07 12'48" W, 1577.45
13-21 feet;
13-22 THENCE: S 24 18'58"W, a distance of 249.84 feet, by deed S
13-23 22 42'48" W, 250.00 feet, to the POINT OF BEGINNING and containing
13-24 785.4 acres in Bexar County, Texas. Said tract being described in
13-25 accordance with a survey made on the ground and a survey map
13-26 prepared by Pape-Dawson Engineers, Inc.
13-27 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature
14-1 finds that the boundaries and field notes of the district form a
14-2 closure. A mistake in the field notes or in copying the field
14-3 notes in the legislative process does not affect the organization,
14-4 existence, or validity of the district, the right of the district
14-5 to levy and collect taxes, or the legality or operation of the
14-6 district or its governing body.
14-7 SECTION 5. FINDING OF BENEFIT. All of the land and other
14-8 property included within the boundaries of the district will be
14-9 benefited by the works and projects that are to be accomplished by
14-10 the district under the powers conferred by Section 52, Article III,
14-11 Section 52-a, Article III, and Section 59, Article XVI, Texas
14-12 Constitution. The district is created to serve a public use and
14-13 benefit.
14-14 SECTION 6. GENERAL POWERS. (a) The district has all of the
14-15 powers and duties provided by the general law of this state,
14-16 including:
14-17 (1) Chapters 49, 51, and 54, Water Code;
14-18 (2) Subchapters E, F, and G, Chapter 375, Local
14-19 Government Code;
14-20 (3) Subchapters D, E, and F, Chapter 383, Local
14-21 Government Code;
14-22 (4) Chapter 380, Local Government Code, and Chapter
14-23 1509, Government Code, as if the district were a municipality to
14-24 which those chapters apply; and
14-25 (5) the general laws of the state on road districts
14-26 and road utility districts created under Section 52, Article III,
14-27 Texas Constitution, and on conservation and reclamation districts
15-1 created under Section 59, Article XVI, Texas Constitution.
15-2 (b) The district may impose ad valorem taxes, sales and use
15-3 taxes, hotel occupancy taxes, assessments, and impact fees and
15-4 apply the proceeds of the taxes, assessments, or fees to the
15-5 payment of debt, to contract payments, or to maintenance and
15-6 operating expenses.
15-7 (c) This Act shall be liberally construed in conformity with
15-8 the legislative findings and purposes set forth in this Act.
15-9 (d) If any provision of the general law is in conflict or
15-10 inconsistent with this Act, this Act prevails. Any general law
15-11 which supplements the power and authority of the district, to the
15-12 extent not in conflict or inconsistent with the Act, is adopted and
15-13 incorporated by reference.
15-14 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
15-15 by a board of five directors.
15-16 (b) Temporary directors serve until initial permanent
15-17 directors are elected under Section 9 of this Act.
15-18 (c) Initial permanent directors serve until permanent
15-19 directors are elected under Section 10 of this Act.
15-20 (d) Permanent directors other than initial permanent
15-21 directors serve staggered four-year terms.
15-22 (e) Each director must qualify to serve as director in the
15-23 manner provided by Section 49.055, Water Code.
15-24 (f) A director serves until the director's successor has
15-25 qualified.
15-26 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
15-27 directors is composed of:
16-1 (1) M. Paul Martin;
16-2 (2) Carey R. Troell;
16-3 (3) Sidney H. Swearingen;
16-4 (4) Doris M. Alderman; and
16-5 (5) Sandra Johnston.
16-6 (b) If a temporary director fails to qualify for office, the
16-7 temporary directors who have qualified shall appoint a person to
16-8 fill the vacancy. If at any time there are fewer than three
16-9 qualified temporary directors, the commission shall appoint the
16-10 necessary number of persons to fill all vacancies on the board.
16-11 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The
16-12 temporary board of directors shall call and hold an election to
16-13 confirm establishment of the district and to elect five initial
16-14 directors as provided by Chapter 49, Water Code.
16-15 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
16-16 May of the fourth year after the year in which the confirmation
16-17 election is held, an election shall be held in the district for the
16-18 election at large of two directors to serve two-year terms and
16-19 three directors to serve four-year terms. Thereafter, on the first
16-20 Saturday in May of each subsequent second year, the appropriate
16-21 number of directors shall be elected to the board.
16-22 SECTION 11. SPECIFIC POWERS AND LIMITATIONS. (a) The
16-23 district may conduct or authorize the following improvement
16-24 projects:
16-25 (1) the planning, design, construction, improvement,
16-26 and maintenance of:
16-27 (A) landscaping;
17-1 (B) highway right-of-way or transit corridor
17-2 beautification and improvements;
17-3 (C) lighting, banners, and signs;
17-4 (D) streets or sidewalks;
17-5 (E) hiking and cycling paths and trails,
17-6 pedestrian walkways, skywalks, crosswalks, or tunnels;
17-7 (F) parks, trails, lakes, gardens, recreational
17-8 facilities, open space, scenic areas, and related exhibits and
17-9 preserves;
17-10 (G) fountains, plazas, and pedestrian malls; and
17-11 (H) drainage or storm water detention
17-12 improvements;
17-13 (2) the planning, design, construction, improvement,
17-14 maintenance, and operation of:
17-15 (A) solid waste, water, sewer, or power
17-16 facilities or services, including electrical, gas, steam, and
17-17 chilled water facilities;
17-18 (B) off-street parking facilities, bus
17-19 terminals, heliports, mass-transit, and roadway-borne or
17-20 water-borne transportation and people-mover systems; or
17-21 (C) golf courses or other recreational
17-22 facilities;
17-23 (3) the planning and acquisition of:
17-24 (A) public art and sculpture and related
17-25 exhibits and facilities; and
17-26 (B) educational and cultural exhibits and
17-27 facilities;
18-1 (4) the planning, design, construction, acquisition,
18-2 lease, rental, improvement, maintenance, installment, and
18-3 management of and provision of furnishings for facilities for:
18-4 (A) conferences, conventions, or exhibitions;
18-5 (B) manufacturer, consumer, or trade shows;
18-6 (C) civic, community, or institutional events;
18-7 and
18-8 (D) exhibits, displays, attractions, special
18-9 events, and seasonal or cultural celebrations and holidays;
18-10 (5) the removal, razing, demolition, or clearing of
18-11 land or improvements in connection with any improvement project;
18-12 (6) the acquisition and improvement of land and other
18-13 property for the mitigation of the environmental effects of any
18-14 improvement project;
18-15 (7) the acquisition of real or personal property or an
18-16 interest in real or personal property in connection with an
18-17 authorized improvement project;
18-18 (8) any special or supplemental services for the
18-19 improvement and promotion of the district or the areas adjacent to
18-20 the district or for the protection of public health and safety
18-21 within or adjacent to the district, including advertising,
18-22 promotion, tourism, health and sanitation, public safety, security,
18-23 fire protection or emergency medical services, business
18-24 recruitment, development, elimination of traffic congestion, and
18-25 recreational, educational, or cultural improvements, enhancements,
18-26 and services; and
18-27 (9) any similar public improvements, facilities, or
19-1 services.
19-2 (b) Only the rights, powers, privileges, authority,
19-3 functions, and duties of the district with respect to the retail
19-4 provision of water or sewer services are subject to the continuing
19-5 right of supervision of the state to be exercised by and through
19-6 the commission.
19-7 (c) The district may:
19-8 (1) borrow money for district purposes;
19-9 (2) add or exclude territory in the manner provided by
19-10 Subchapter H, Chapter 54, Water Code;
19-11 (3) enter into a contract with any person to
19-12 accomplish any of the district's purposes including a contract for
19-13 the payment, repayment, or reimbursement, from tax proceeds or any
19-14 other specified source of funds, of any costs and reasonable
19-15 carrying costs incurred by that person for or on behalf of the
19-16 district, including all or part of the costs of any improvement
19-17 project;
19-18 (4) apply for and contract with any person to receive,
19-19 administer, and perform the district's duties and obligations under
19-20 any federal, state, local, or private gift, grant, loan,
19-21 conveyance, or other financial assistance arrangement relating to
19-22 the investigation, planning, analysis, study, design, acquisition,
19-23 construction, improvement, completion, implementation, or operation
19-24 by the district or others of an improvement project or a proposed
19-25 improvement project;
19-26 (5) adopt, amend, and enforce by ordinary civil
19-27 remedies reasonable rules:
20-1 (A) for the administration and operation of the
20-2 district;
20-3 (B) for the use, enjoyment, availability,
20-4 protection, security, and maintenance of the district's properties
20-5 and facilities; and
20-6 (C) to provide for public safety and security in
20-7 the district;
20-8 (6) establish, revise, repeal, enforce, collect, and
20-9 apply the proceeds from user fees or charges for the enjoyment,
20-10 sale, rental, or other use of the district's facilities, services,
20-11 properties, or improvement projects;
20-12 (7) by a lease, lease-purchase agreement, installment
20-13 purchase contract, or other agreement with any person, or by the
20-14 imposition or assessment of a tax, user fee, concession, rental, or
20-15 other revenue or resource of the district, provide for or secure
20-16 the payment or repayment of:
20-17 (A) the costs and expenses of the establishment,
20-18 administration, and operation of the district;
20-19 (B) the district's costs or share of the costs
20-20 or any improvement project; or
20-21 (C) the district's contractual obligations or
20-22 indebtedness; and
20-23 (8) undertake separately or jointly with other persons
20-24 all or part of the costs of an improvement project, including a
20-25 project:
20-26 (A) for improving, enhancing, or supporting
20-27 public safety and security, fire protection or emergency medical
21-1 services, or law enforcement within and adjacent to the district;
21-2 or
21-3 (B) that confers a general benefit on the entire
21-4 district and the areas adjacent to the district or a special
21-5 benefit on a definable part of the district.
21-6 (d) In every third year during the period a sales and use
21-7 tax is imposed, the board shall apply an annual average of 10
21-8 percent of the net proceeds of the tax collected, after deduction
21-9 of general and administrative costs of the district and of the
21-10 costs and expenses of imposing the tax, toward mitigation of the
21-11 effects of development on areas in or adjacent to the district.
21-12 Effects of development the district shall mitigate under this
21-13 subsection include effects on public utilities, public services,
21-14 public transportation, traffic movement, and scenic or aesthetic
21-15 beauty.
21-16 (e) The district may not employ peace officers.
21-17 (f) The district may contract for off-duty peace officers to
21-18 provide public safety and security services in connection with a
21-19 special event, holiday, period with high traffic congestion, or
21-20 similar circumstance.
21-21 (g) The board by rule may regulate the private use of public
21-22 roadways, open spaces, parks, sidewalks, and similar public areas.
21-23 To the extent the rules of the district conflict with a rule,
21-24 order, ordinance, or regulation of a county or municipality with
21-25 jurisdiction in the district's territory, the rule, order,
21-26 ordinance, or regulation of the county or municipality controls.
21-27 The rules may provide for the safe and orderly use of public
22-1 roadways, open spaces, parks, sidewalks, and similar public areas
22-2 or facilities.
22-3 (h) The board may require a permit for a parade,
22-4 demonstration, celebration, entertainment event, or similar
22-5 nongovernmental activity in or on the public roadways, open spaces,
22-6 parks, sidewalks, and similar public areas or facilities. The
22-7 board may charge a fee for the permit application and for public
22-8 safety or security services in an amount the board considers
22-9 necessary.
22-10 (i) The board may require a permit or franchise agreement
22-11 with a vendor, concessionaire, exhibitor, or similar private or
22-12 commercial person or organization for the limited use of the area
22-13 or facilities on terms and conditions and on payment of a permit or
22-14 franchise fee the board may impose.
22-15 (j) The board may employ and establish the terms of
22-16 employment and compensation of a president, vice president,
22-17 executive director, general manager, and any other operating
22-18 officer of the district the board considers necessary.
22-19 SECTION 12. CONTRACTS WITH DISTRICT. The district may
22-20 contract with a city, county, other political subdivision,
22-21 corporation, or other person to carry out the purposes of this Act
22-22 on the terms and conditions and for a period of time as the board
22-23 may determine. Notwithstanding any other law or charter provision,
22-24 a state agency, city, county, other political subdivision,
22-25 corporation, individual, or other person may contract with the
22-26 district to carry out the purposes of this Act without any further
22-27 authorization.
23-1 SECTION 13. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. (a)
23-2 A municipality in whose extraterritorial jurisdiction the district
23-3 is located may not adopt an ordinance or resolution or take any
23-4 other action that:
23-5 (1) impairs the ability of the district to exercise
23-6 its powers under this Act; or
23-7 (2) limits the ability of the district to finance,
23-8 construct, or operate its water, wastewater, or drainage systems,
23-9 or other improvements authorized by this Act.
23-10 (b) The district and a municipality with extraterritorial
23-11 jurisdiction may enter into development agreements concerning the
23-12 development and annexation of the property within the district.
23-13 SECTION 14. ANNEXATION. (a) In the absence of a
23-14 development agreement under Section 13(b) of this Act, the district
23-15 may be annexed by a municipality on the earlier of:
23-16 (1) the date of installation of 90 percent of all
23-17 works, improvements, facilities, plants, equipment, and appliances
23-18 necessary and adequate to:
23-19 (A) provide service to the proposed development
23-20 within the district;
23-21 (B) accomplish the purposes for which the
23-22 district was created; and
23-23 (C) exercise the powers provided by the general
23-24 law of this state and this Act; or
23-25 (2) the 20th anniversary of the date the district is
23-26 confirmed.
23-27 (b) Unless otherwise provided in a development agreement,
24-1 the district may add or exclude land or divide into two or more
24-2 districts, in the manner provided by Chapter 49 and Subchapter O,
24-3 Chapter 51, Water Code, without the consent of any municipality.
24-4 SECTION 15. REIMBURSEMENT TO LANDOWNER OR DEVELOPER;
24-5 INSTALLATION OF FACILITIES. Unless otherwise provided in a
24-6 development agreement, if a municipality in whose extraterritorial
24-7 jurisdiction the district is located annexes the district for full
24-8 or limited purposes and the annexation precludes or impairs the
24-9 ability of the district to issue bonds, the municipality shall:
24-10 (1) simultaneously with the annexation, pay in cash to
24-11 the landowner or developer of the district a sum equal to all
24-12 actual costs and expenses incurred by the landowner or developer in
24-13 connection with the district that the district has, in writing,
24-14 agreed to pay; and
24-15 (2) after the annexation, install all necessary water,
24-16 wastewater, and drainage facilities to serve full development
24-17 within the district.
24-18 SECTION 16. LIMITED SALES AND USE TAX. (a) Words and
24-19 phrases used in this section that are defined by Chapter 151 or
24-20 321, Tax Code, have the meanings assigned by Chapter 151 or 321,
24-21 Tax Code.
24-22 (b) Except as otherwise provided in this section, Subtitles
24-23 A and B, Title 2, and Chapter 151, Tax Code, apply to the taxes and
24-24 to the administration and enforcement of the taxes imposed by the
24-25 district in the same manner that those laws apply to state taxes.
24-26 (c) The district may adopt or repeal the limited sales and
24-27 use tax authorized by this section at an election in which a
25-1 majority of the qualified voters of the district voting in the
25-2 election approve the adoption or abolition of the tax, as
25-3 applicable.
25-4 (d) The provisions of Subchapters C, D, E, and F, Chapter
25-5 323, Tax Code, relating to county sales and use taxes apply to the
25-6 application, collection, and administration of a sales and use tax
25-7 imposed under this Act to the extent consistent with this Act and
25-8 as if references in Chapter 323, Tax Code, to a county referred to
25-9 the district and references to a commissioners court referred to
25-10 the board. Sections 323.401-323.404 and 323.505, Tax Code, do not
25-11 apply to a tax imposed under this Act.
25-12 (e) A tax imposed under this Act or the repeal or reduction
25-13 of a tax under this Act takes effect on October 1 after the
25-14 expiration of the first complete calendar quarter occurring after
25-15 the date on which the comptroller receives the notice required by
25-16 Section 323.405(b), Tax Code, or Subsection (i) of this section.
25-17 (f) On adoption of the tax authorized by this Act, there is
25-18 imposed a tax on the receipts from the sale at retail of taxable
25-19 items within the district at the rate of not to exceed one percent,
25-20 as well as an excise tax on the use, storage, or other consumption
25-21 within the district of taxable items purchased, leased, or rented
25-22 from a retailer during the period that the tax is effective within
25-23 the district. The rate of the excise tax is the same as the rate
25-24 of the sales tax portion of the tax and is applied to the sales
25-25 price of the taxable item. With respect to a taxable service,
25-26 "use" means the derivation in the district of direct or indirect
25-27 benefit from the service.
26-1 (g) An election to authorize or repeal a limited sales and
26-2 use tax may be called by order of the board and must be held on the
26-3 next available uniform election date established by Section 41.001,
26-4 Election Code, that occurs 45 or more days after the date on which
26-5 the order calling the election was passed. Notice of the election
26-6 shall be given and the election shall be held and conducted in the
26-7 manner prescribed by Chapter 54, Water Code, for bond elections for
26-8 municipal utility districts. The ballots shall be printed to
26-9 provide for voting for or against the proposition: "Adoption of a
26-10 ____ percent district sales and use tax within the district" or
26-11 "Abolition of the district sales and use tax within the district,"
26-12 as appropriate.
26-13 (h) If all or part of the territory of the district is
26-14 annexed by a municipality which has adopted and is imposing a sales
26-15 and use tax, the sales and use tax imposed by the district in the
26-16 annexed territory shall be reduced, if required, in even multiples
26-17 of one-eighth percent, and without the necessity for an election,
26-18 so that the combined rate of all sales and use taxes imposed by the
26-19 county, the annexing municipality, and all other political
26-20 subdivisions within the annexed territory of the district will not
26-21 exceed two percent, provided that a sales and use tax previously
26-22 adopted by the district for the annexed territory shall not be
26-23 reduced to less than one-half percent, and provided further that no
26-24 reduction of the district's sales and use tax in the portions of
26-25 the district not so annexed shall be required.
26-26 (i) A tax imposed under this Act or the repeal of a tax
26-27 under this Act takes effect on the first day of the calendar
27-1 quarter occurring after the date on which the comptroller receives
27-2 the notice required by Section 323.405(b), Tax Code, or this
27-3 section.
27-4 (j) Not later than the 10th day after the date of the
27-5 annexation or exclusion of territory by the district or the
27-6 annexation of all or part of the territory of the district by a
27-7 municipality requiring a reduction of the district's sales and use
27-8 tax, as provided by Subsection (h) of this section, the board shall
27-9 send to the comptroller by United States certified or registered
27-10 mail certified copies of all resolutions, orders, or ordinances
27-11 pertaining to the annexation or exclusion of the territory by a
27-12 district or municipality.
27-13 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
27-14 (a) The proper and legal notice of the intention to introduce this
27-15 Act, setting for the general substance of this Act, has been
27-16 published as provided by law, and the notice and a copy of this Act
27-17 have been furnished to all persons, agencies, officials, or
27-18 entities to which they are required to be furnished by the
27-19 constitution and other laws of this state, including the governor,
27-20 who has submitted the notice and the Act to the commission.
27-21 (b) The commission has filed its recommendations relating to
27-22 the Act with the governor, the lieutenant governor, and the speaker
27-23 of the house of representatives within the required time.
27-24 (c) All requirements of the constitution and laws of this
27-25 state and the rules and procedures of the legislature with respect
27-26 to the notice, introduction, and passage of this Act are fulfilled
27-27 and accomplished.
28-1 SECTION 18. EFFECTIVE DATE. This Act takes effect
28-2 immediately if it receives a vote of two-thirds of all the members
28-3 elected to each house, as provided by Section 39, Article III,
28-4 Texas Constitution. If this Act does not receive the vote
28-5 necessary for immediate effect, this Act takes effect September 1,
28-6 2001.