By: Wentworth S.B. No. 1629 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) "City" means the City of San Antonio. 1-19 (3) "Commission" means the Texas Natural Resource 1-20 Conservation Commission. 1-21 (4) "Development agreement" means an agreement or a 1-22 series of agreements between the district and the city concerning: 1-23 (A) the development and annexation of the 1-24 property within the district; 1-25 (B) the amount, timing, and purpose of the 2-1 district's debt; and 2-2 (C) the operation of the district. 2-3 (5) "District" means the Cibolo Canyon Conservation 2-4 and Improvement District No. 1. 2-5 (6) "Improvement project" means any program or project 2-6 authorized by this Act, inside or outside the district, that is 2-7 necessary to accomplish the public purposes of the district. 2-8 SECTION 3. BOUNDARIES. The district includes approximately 2-9 2,861.0294 acres in three tracts, to-wit: 2-10 TRACT NO. 1 2-11 1,817.4324 acres of land, Bexar County, Texas, consisting of 2-12 1,623.189 acres, being 180.972 acres of land out of the Heirs of 2-13 William Brisbin Survey No. 89 1/2, 67.620 acres of land out of the 2-14 Rompel, Koch & Voges Survey No. 1, 929.031 acres of land out of the 2-15 E. Martin Survey No. 89, 89.250 acres of land out of the El Paso 2-16 Irrigation Co. Survey No. 92 1/10, 356.166 acres of land out of the 2-17 Adolpus Hernden Survey No. 478 1/3 and 0.150 of an acre out of the 2-18 E. Valdez Survey No. 478 1/2, Bexar County, Texas, and being all of 2-19 that certain 1,627.008 acre tract of land re-surveyed and found to 2-20 contain under monumentation 1,623.189 acres of land, conveyed by 2-21 J.J. McCullick, Trustee to Murray A. Winn, Jr., Thomas T. Winn and 2-22 Randal W. Winn by deed dated August 20, 1973 and recorded in Volume 2-23 7167 on pages 586-588 of the Deed Records of Bexar County, Texas, 2-24 and in all under fence 1,623.189 acres of land described more 2-25 particularly by metes and bounds as follows: 2-26 BEGINNING at an iron pin and corner post found in the East line of 3-1 Bulverde Road, for the Northwest corner of the above-described 3-2 1,627.008 acre tract, for the Northwest corner of the herein 3-3 described 1,623.189 acre tract; 3-4 THENCE with the fence, a North line of the 1,627.008 acre tract, N 3-5 87 50' 00" E. 5,988.85 feet to an iron pin set at a corner post, 3-6 for a re-entrant corner of the 1,627.009 acre tract, for a 3-7 re-entrant of this tract; 3-8 THENCE with the fence, the Southwest line of the 1,627.008 acre 3-9 tract, N. 25 05' 12" W. 3, 406.40 feet to a 4" steel post and N. 3-10 25 18' 04" W. 1,064.15 feet to an iron pin set at a corner post, 3-11 for the West corner of the 1,627.008 acre tract, for the West 3-12 corner of this tract; 3-13 THENCE with the fence, the Northwest line of the 1,627.008 acre 3-14 tract, N 53 31' 36" E. 2,026.43 feet to an iron pin found at a 3-15 corner post, for the North corner of the 1,627.008 acre tract, for 3-16 the North corner of this tract; 3-17 THENCE with the fence, the Northeast line of the 1,627.008 acre 3-18 tract, S. 55 52' 24" E. 3,325.69 feet to an iron pin set at a 36" 3-19 Live Oak, S. 55 47' 33" E. 5,277.27 feet to a cedar post, and S. 3-20 51 41' 25" E. 244.53 feet to an iron pin found at a corner post, 3-21 for the Northeast corner of the 1,627.008 acre tract, for the 3-22 Northeast corner of this tract; 3-23 THENCE with the fence, the East line of the 1,627.008 acre tract, 3-24 S. 05 30' 33" E. 1,478.86 feet to a 24" Live Oak, S. 09 56' 00" E 3-25 382.42 feet to a 36" dead Live Oak, S. 00 10' 35" E. 1,193.13 feet 3-26 to a corner post, S 14 18' 24" W. 2,685.40 feet to a corner post 4-1 and S. 14 33' 47" W. 2,366.39 feet to an iron pin and corner post 4-2 found in the North line of Evans Road, for the Southeast corner of 4-3 the 1,627.008 acre tract, for the Southeast corner of this tract; 4-4 THENCE with the North line of Evans Road, the South line of the 4-5 1,627.008 acre tract, N. 78 46' 47" W. 2,659.16 feet to an iron 4-6 pin found and N. 69 59' 28" W. 42.27 feet to an iron pin and 4-7 corner post found for the Southwest corner of the 1,627.008 acre 4-8 tract, for the Southwest corner of this tract; 4-9 THENCE with the fence, the Southwest line of the 1,627.008 acre 4-10 tract N. 24 59' 47" W. 1,274.56 feet to an iron pin found in 4-11 concrete N. 25 06' 27" W. 450.07 feet to an iron pin found in 4-12 concrete and N. 25 07' 30" W. 4,724.98 feet to an iron pin and 4-13 corner post found for a re-entrant corner of the 1,627.008 acre 4-14 tract, for a re-entrant corner of this tract; 4-15 THENCE with the fence, a South line of the 1,627.008 acre tract, S. 4-16 87 49' 00" W. 7,067.93 feet to an iron pin and corner post found 4-17 in the East line of the aforesaid Bulverde Road, for a Southwest 4-18 corner of the 1,627.008 acre tract, for the Southwest corner of 4-19 this tract; 4-20 THENCE with the fence, the East line of Bulverde Road, the West 4-21 line of 1,627.008 acre tract, N 14 11' 23" W. 103.96 feet to an 4-22 iron pin found, N. 25 56' 24" W. 56.80 feet to an iron pin found, 4-23 N. 10 00' 38" E. 642.67 feet to an iron pin found, N. 31 37' 48" 4-24 E. 405.19 feet to an iron pin found and N 43 18' 35" E 284.97 feet 4-25 to the place of beginning; and 4-26 A 194.2434 acre tract of land being a 133.662 acre tract and a 60 5-1 acre tract, recorded in Volume 5259, Page 713, of the Deed and Plat 5-2 Records of Bexar County, Texas all out of that 975 acre tract, 5-3 recorded in Volume 2649, Page 347, of the Deed and Plat Records of 5-4 Bexar County, Texas, said 975 acres being out of the William 5-5 Brisbin Survey No. 89-1/2, Abstract No. 54, County Block 4900; the 5-6 Rompel, Koch, and Voges Survey No. 1, Abstract No. 54, County Block 5-7 4900; the Rompel, Koch, and Voges Survey No. 89, Abstract No. 1020, 5-8 County Block 4901; the E. Martin Survey No. 89, Abstract No. 524, 5-9 County Block 4909; the El Paso Irrigation Co. Survey No. 92-1/10, 5-10 Abstract No. 845, County Block 4910, and the A. Herndon Survey No. 5-11 478-1/3, County Block 4911, in Bexar County, Texas; said 194.2434 5-12 acre tract being more particularly described as follows: 5-13 BEGINNING: At a found iron pin on the East ROW line of Bulverde 5-14 Road; said iron pin being the southwest corner of a 201.755 acre 5-15 tract of land recorded in Volume 5177, page 214 of the Deed and 5-16 Plat Records of Bexar County, Texas, a point on the west line of 5-17 said 975 acre tract and the northwest corner of this tract being 5-18 described; 5-19 THENCE: N 87 49' 00" E 4111.86 feet along the south line of said 5-20 201.755 acre tract to a set iron pin for the northeast corner of 5-21 this tract being described; 5-22 THENCE: S 17 48' 10" W 1026.39 feet to a set iron pin, an angle 5-23 point; 5-24 THENCE: S 87 49' 00" W 480.00 feet to a set iron pin, an angle 5-25 point; 5-26 THENCE: S 01 56' 52" E 2422.66 feet to a set iron pin, an angle 6-1 point; 6-2 THENCE: S 58 24' 54" W 614.01 feet to a set iron pin in the north 6-3 ROW line of Bulverde Road for the most southerly corner of this 6-4 tract being described; 6-5 THENCE: Along the North and East ROW lines of Bulverde Road the 6-6 following: 6-7 N 33 57' 26" W 50.98 feet to a fence post; 6-8 N 49 26' 48" W 130.00 feet to a fence post; 6-9 N 29 20' 31" W 98.42 feet to a fence post; 6-10 N 06 17' 36" W 473.07 feet to a fence post; 6-11 N 23 00' 14" W 59.06 feet to a fence post; 6-12 N 46 09' 34" W 84.28 feet to a fence post; 6-13 N 64 54' 41" W 432.50 feet to a fence post; 6-14 N 71 51' 54" W 71.04 feet to a fence post; 6-15 N 81 16' 59" W 371.73 feet to a fence post; 6-16 S 85 52' 06" W 572.15 feet to a fence post; 6-17 N 74 42' 04" W 149.88 feet to a fence post; 6-18 N 32 10' 20" W 114.58 feet to a fence post; 6-19 N 01 01' 25" W 98.11 feet to a fence post; 6-20 N 29 30' 30" E 286.05 feet to a fence post; 6-21 N 21 27' 47" W 357.98 feet to a fence post; 6-22 N 31 38' 18" W 412.03 feet to a fence post; 6-23 N 22 38' 13" W 557.93 feet to a fence post; 6-24 N 46 32' 05" W 115.41 feet to a fence post; 6-25 N 65 46' 38" W 249.44 feet to a fence post; 6-26 N 39 34' 19" W 111.14 feet to a fence post; 7-1 N 14 12' 19" W 635.11 feet to the POINT OF BEGINNING containing 7-2 194.2434 acres. 7-3 TRACT NO. 2 7-4 Being 258.197 acres of land out of the Wm. W. Allen Survey No. 353, 7-5 Abstract 34, County Block 4866; the C. Vogel & F. Koch Survey No. 7-6 442, Abstract 984, County Block 4872A; the Rompel, Koch & Voges 7-7 Survey No. 1, Abstract 1020, County Block 4901; the Antonio Ruiz 7-8 Survey No. 448, Abstract 638, County Block 4898; the J.W. Esther 7-9 Survey No. 364, Abstract 219, County Block 4897; the E. Gonzalez 7-10 Survey No. 441, Abstract 288, County Block 4902; the W.M. Brisbin 7-11 Survey No. 89 1/2, Abstract 54, County Block 4900 and the C.A. 7-12 Rompel Survey No. 448, Abstract 1089, County Block 4880, Bexar 7-13 County, Texas and said 258.197 Acre Tract being the same tract of 7-14 land conveyed to Gill Savings Association by Deed in Lieu of 7-15 Foreclosure recorded in Volume 4826, Pages 1552-1576 of the Deed 7-16 Records of Bexar County, Texas and said 258.197 Acre Tract being 7-17 more fully described as follows: 7-18 BEGINNING at a found iron pin at an existing fence corner post on 7-19 the east right-of-way line of Smithson Valley Road and being the 7-20 northwest corner of a 1754.32 Acre Tract recorded in Volume 6967, 7-21 Page 927 of the Deed Records of Bexar County, Texas also being the 7-22 northwest corner of this tract; 7-23 THENCE: with the north line of the above mentioned 1754.32 Acre 7-24 Tract, the following: 7-25 N. 81 56' 58" E., 3,053.28 feet to an iron pin found at a 7-26 fence post for an angle point; 8-1 N. 81 56' 47" E., 6,664.34 feet to a fence post for an 8-2 angle point; 8-3 N. 82 06' 11" E., 4,387.57 feet to a fence post for an 8-4 angle point; 8-5 N. 85 11' 02" E., 1,051.00 feet to an iron pin found at a 8-6 fence corner post for an interior corner; 8-7 N. 12 36' 34" E., 550.49 feet to an iron pin found at a 8-8 fence corner post for an exterior corner; 8-9 S. 88 30' 33" E., 540.90 feet to an iron pin found for an 8-10 interior corner and being the south line of a 1249.70 Acre Tract; 8-11 THENCE: N. 02 00' 48" W., 1.580.54 feet to an iron pin found for 8-12 the most northerly corner of this tract; 8-13 THENCE: S. 29 43' 19" E., 2,024.00 feet to a fence post for a 8-14 corner; 8-15 THENCE: with fence line the following: 8-16 S. 68 21' 52" W., 12.37 feet to a fence post; 8-17 S. 78 05' 05" W., 10.79 feet to an iron pin found; 8-18 S. 77 48' 22" W., 54.36 feet to an iron pin found at a fence 8-19 corner post; 8-20 S. 01 44' 20"E., 87.63 feet to a fence corner post; 8-21 S. 60 40' 25" E., 69.88 feet to a fence corner post on the south 8-22 line of the aforementioned 1754.32 Acre Tract; 8-23 THENCE: with fence line along the south line of said 1754.32 Acre 8-24 Tract the following: 8-25 S. 56 39' 48" W., 1,447.64 feet to an angle point; 8-26 S. 56 55' 59" W., 290.63 feet to an angle point; 9-1 S. 56 38' 48" W., 1,414.12 feet to an angle point; 9-2 S. 56 38' 33" W., 2,874.22 feet to a fence corner post for 9-3 the southwest corner of this tract; 9-4 THENCE: leaving the south line of said 1754.32 Acre Tract and with 9-5 fence line the following: 9-6 N. 41 18' 08" W., 275.69 feet to a fence post; 9-7 N. 56 01' 07" W., 246.81 feet to a fence post; 9-8 N. 30 11' 39" W., 756.76 feet to a fence post; 9-9 N. 18 09' 39" W., 541.29 feet to an iron pin found; 9-10 N. 18 06' 15" W., 213.89 feet to a fence corner post; 9-11 S. 83 04' 23" W., 291.96 feet to a fence corner post; 9-12 N. 34 59' 36" W., 140.19 feet to a fence corner post; 9-13 N. 79 49' 47" W., 272.95 feet to a fence corner post; 9-14 N. 29 28' 15" W., 204.10 feet to an iron pin found; 9-15 N. 28 30' 33" W., 384.05 feet to an iron pin found for an interior 9-16 corner of this tract; 9-17 THENCE: 60.00 feet south and parallel to the north line of said 9-18 1754.32 Acre Tract the following: 9-19 S. 81 , 56', 47" W., 6,684.18 feet to a Railroad spike found; 9-20 S. 81 , 56', 58" W., 3,076.80 feet to an iron pin found on the east 9-21 right-of-way line of Smithson Valley Road for a corner of this 9-22 tract; 9-23 THENCE: N 11 12' 30" E, 63.61 feet along the east right-of-way 9-24 line of Smithson Valley Road to the POINT OF BEGINNING and 9-25 containing 258.197 acres of land more or less. 10-1 TRACT NO. 3 10-2 A 785.4 acres, or 34,210,000 square feet, tract of land being the 10-3 remainder of that 927.064 acre tract described in deed from Henry 10-4 Van de Walle et al to Dan F. Parman in Volume 3089, Page 1393-1399 10-5 of the Official Public Records of Real Property of Bexar County, 10-6 Texas, and conveyed to Peter Wolverton in Volume 5382, Page 756-764 10-7 of the Official Public Records of Real Property of Bexar County, 10-8 Texas out of the E. Martin Survey 89, Abstract 524, County Block 10-9 4909, the E. Gonzales Survey 441, Abstract 288, County Block 4902, 10-10 the Salvador Flores Survey No. 440, Abstract 243, County Block 10-11 4907, the Jil Jimenez Survey 358, Abstract 821 (Bexar) 682 (Comal), 10-12 County Block 4905, the W. H. Hughes Survey No. 478, Abstract 345 10-13 (Bexar) 364 (Comal), County Block 4906, and the F. Valdez Survey 10-14 No. 478 1/2, Abstract 787, County Block 4908, in Bexar and Comal 10-15 Counties, Texas. Said 785.4 acres being more particularly 10-16 described as follows: 10-17 BEGINNING: at a set 1/2" iron rod with yellow cap marked 10-18 "Pape-Dawson" at the southernmost corner of this tract, on the 10-19 south line of said 927.064 acre tract, at the southwest corner of a 10-20 99.900 acre tract out of said 927.064 acre tract, the southwest 10-21 corner of said 99.900 acre tract and said 927.064 acre tract being 10-22 S 64 40'20" E, a distance of 780.00 feet to a found 1/2" iron rod, 10-23 S 65 48'16" E, a distance of 1696.16 feet to a found 1/2" iron rod; 10-24 THENCE: Along and with the south line of said 927.064 acre tract 10-25 the following calls and distances: 10-26 N 65 40'20"W, at 29.25 feet passing the northeast corner of a 11-1 51.788 acre tract conveyed to John B. Webb in Volume 7002, Page 11-2 658-682 of the Official Public Records of Real Property of Bexar 11-3 County, Texas, and continuing with the south line of said 927.064 11-4 acre tract for a total distance of 1636.13 feet to a found 1/2" 11-5 iron rod; 11-6 N 49 15'20"W, a distance of 1274.99 feet to a found 1/2" iron 11-7 rod at the northwest corner of said 51.788 acre tract, the 11-8 northeast corner of a 1394.189 acre tract conveyed to Lumbermens 11-9 Investment Corporation in Volume 5792, Page 1701-1709 of the 11-10 Official Public Records of Real Property of Bexar County, Texas by 11-11 deed N 50 51'38" W, 1276.71 feet; 11-12 N 50 09'55"W, a distance of 253.64 feet to a found 1/2" iron 11-13 rod, by deed N 51 46'13"W, 246.49 feet; 11-14 N 54 11'40"W, a distance of 5267.86 feet to a found 1/2" iron rod 11-15 in a 30" Live Oak, by deed N 55 47'33" W, 5276.83 feet; 11-16 N 54 16'26"W, a distance of 3325.13 feet to a found 1/2" iron 11-17 rod at the southwest corner of the said 927.064 acres, the 11-18 northwest corner of said 1394.189 acre tract, on the southeast line 11-19 of a 1350.297 acre tract conveyed to the Poerner Family Partnership 11-20 in Volume 4869, Page 292-312 of the Official Public Records of Real 11-21 Property of Bexar County, Texas, by deed N 55 52'19" W, 3325.35 11-22 feet; 11-23 THENCE: N 54 59'55"E, a distance of 2448.93 feet to a found 1/2" 11-24 iron rod at the northwest corner of said 927.064 acre tract, by 11-25 deed N 53 24'02" E, 2449.06 feet; 11-26 THENCE: Continuing with the north line of said 927.064 acre tract 12-1 the following calls and distances: 12-2 S 41 19'21"E, a distance of 1536.97 feet to a found 1/2" iron 12-3 rod, by deed S 42 55'36" E, 1536.87 feet; 12-4 N 79 13'24"E, a distance of 849.81 feet to a found 1/2" iron 12-5 rod, by deed N 77 37'30" E, 849.79 feet; 12-6 S 80 58'59"E, a distance of 1577.28 feet to a found 1/2" iron 12-7 rod in 18" Cedar, by deed S 82 36'03"E, 1577.43 feet; 12-8 S 19 36'38"E, a distance of 238.56 feet to a found 1/2" iron 12-9 rod in 17" Cedar, by deed S 21 16'00"E, 238.76 feet; 12-10 S 31 12'31"E, a distance of 408.74 feet to a found 1/2" iron 12-11 rod in 20" Cedar, by deed S 32 46'48"E, 408.62 feet; 12-12 THENCE: S 38 28'19"E, a distance of 513.61 feet to a found 1/2" 12-13 iron rod at the north corner of a 7.312 acre tract conveyed to John 12-14 L. and Mary H. McClung in Volume 6934, Page 826-829 of the Official 12-15 Public Records of Real Property of Bexar County, Texas, the north 12-16 corner of that 40.955 acre tract out of said 927.064 acre tract 12-17 conveyed to John O. Spice in Volume 6932, Page 279-286 of the 12-18 Official Public Records of Real Property of Bexar County, Texas; 12-19 THENCE: Along and with the south line of said 40.955 acre tract 12-20 the following calls and distances: 12-21 S 76 31'41"W, a distance of 408.43 feet to a set 1/2" iron 12-22 rod with cap marked "Pape-Dawson", by deed S 74 57'31"W, 408.99 12-23 feet; 12-24 S 09 28'05"E, a distance of 244.99 feet to a found 1/2" iron 12-25 rod, by deed S 11 10'57"E, 245.63 feet; 12-26 S 44 28'05"E, a distance of 310.27 feet to a found 1/2" iron 13-1 rod, by deed S 46 10'57" E, a distance of 310.00 feet; 13-2 S 59 36'52"E, a distance of 289.82 feet to a found 1/2" iron 13-3 rod, by deed S 61 10'57" E, 290.07 feet; 13-4 S 88 19'58"E, a distance of 1558.63 feet to a found 1/2" iron 13-5 rod, by deed East 1558.42 feet; 13-6 S 66 02'47"E, a distance of 318.27 feet to a found 1/2" iron 13-7 rod, by deed S 67 40'05" E, 318.43 feet; 13-8 S 88 18'36"E, a distance of 895.37 feet to a found 1/2" iron 13-9 rod, by deed East 894.76 feet; 13-10 N 74 47'26"E, a distance of 418.72 feet to a found 1/2" iron 13-11 rod, bent, by deed N 73 10'20"E, 417.94 feet; 13-12 S 88 07'27"E, at 626 feet passing the centerline of the 13-13 Cibolo Creek and continuing for a total distance of 954.80 feet to 13-14 a found 1/2" iron rod at the southeast corner of said 40.955 acre 13-15 tract, on the east line of said 927.064 acre tract; 13-16 THENCE: Along and with the east line of said 927.064 acre tract 13-17 the following calls and distances: 13-18 S 16 12'32"E, a distance of 527.73 feet to a set 1/2" iron 13-19 rod with cap marked "Pape-Dawson" in the centerline of said Cibolo 13-20 Creek, by deed S 17 50'29" E; 13-21 THENCE: S 63 21'01"E, a distance of 311.99 feet to a set 1/2" iron 13-22 rod with cap marked "Pape-Dawson" on the northeast corner of the 13-23 said E. Martin Survey, on the south line of the said W.H. Hughes 13-24 Survey 478, from which a 60" Live Oak bears N 43 E, a distance of 13-25 32.6 feet (11 3/4 varas) called a double 20" Live Oak in the deed 13-26 of 392.0 acres from Dierks to 4D Bar Ranch recorded in Document 14-1 98-06026868 of the Official Records of Comal County, by deed 14-2 S63 15'29"E, 328.78 feet; 14-3 THENCE: S 10 13'15"E, along and with the west line of said 392.0 14-4 acres, called as southerly line of the Joseph Thompson Survey 758, 14-5 a distance of 2453.77 feet to a set 1/2" iron rod with cap marked 14-6 "Pape-Dawson" in the centerline of the Cibolo Creek, the northeast 14-7 corner of the aforementioned 99.900 acre tract, by deed S 14-8 11 45'29"E; 14-9 THENCE: Along and with the north and west line of said 99.900 acre 14-10 tract the following calls and distances: 14-11 S 79 50'41" W, a distance of 1149.13 feet to a set 1/2" iron 14-12 rod with cap marked "Pape-Dawson", by deed S78 14'31"W, 1150.73 14-13 feet; 14-14 S 08 48'58" W, a distance of 1577.45 feet to a set 1/2" iron rod 14-15 with cap marked "Pape-Dawson", by deed S 07 12'48" W, 1577.45 feet; 14-16 THENCE: S 24 19'11"W, a distance of 249.86 feet, by deed S 14-17 22 42'48" W, 250.00 feet, to the POINT OF BEGINNING and containing 14-18 785.4 acres in Bexar County, Texas. This is not a legal survey. 14-19 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature 14-20 finds that the boundaries and field notes of the district form a 14-21 closure. A mistake in the field notes or in copying the field 14-22 notes in the legislative process does not affect the organization, 14-23 existence, or validity of the district, the right of the district 14-24 to levy and collect taxes, or the legality or operation of the 14-25 district or its governing body. 14-26 SECTION 5. FINDING OF BENEFIT. All of the land and other 15-1 property included within the boundaries of the district will be 15-2 benefited by the works and projects that are to be accomplished by 15-3 the district under the powers conferred by Section 52, Article III, 15-4 Section 52-a, Article III, and Section 59, Article XVI, Texas 15-5 Constitution. The district is created to serve a public use and 15-6 benefit. 15-7 SECTION 6. GENERAL POWERS. (a) The district has all of the 15-8 powers and duties provided by the general law of this state, 15-9 including: 15-10 (1) Subchapters F and G, Chapter 375, Local Government 15-11 Code; 15-12 (2) Subchapters A, D, E, and F, Chapter 383, Local 15-13 Government Code; 15-14 (3) Chapter 380, Local Government Code, and Chapter 15-15 351, Tax Code, as if the district were a municipality to which 15-16 those chapters apply; and 15-17 (4) the general laws of the state on road districts 15-18 created under Section 52, Article III, Texas Constitution, 15-19 including Chapter 257, Transportation Code, and on conservation and 15-20 reclamation districts created under Section 59, Article XVI, Texas 15-21 Constitution, including Chapters 49, 51, and 54, Water Code. 15-22 (b) The district may impose ad valorem taxes, sales and use 15-23 taxes, hotel occupancy taxes, assessments, and impact fees and 15-24 apply the proceeds of the taxes, assessments, or fees to the 15-25 payment of debt, to contract payments, or to maintenance and 15-26 operating expenses, notwithstanding any general law restriction 16-1 concerning the use of proceeds of taxes, assessments, or fees. 16-2 (c) This Act shall be liberally construed in conformity with 16-3 the legislative findings and purposes set forth in this Act. 16-4 (d) If any provision of the general law is in conflict or 16-5 inconsistent with this Act, this Act prevails. Any general law 16-6 which supplements the power and authority of the district, to the 16-7 extent not in conflict or inconsistent with the Act, is adopted and 16-8 incorporated by reference. 16-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is 16-10 governed by a board of five directors. 16-11 (b) Temporary directors serve until initial permanent 16-12 directors are elected under Section 9 of this Act. 16-13 (c) Initial permanent directors serve until permanent 16-14 directors are elected under Section 10 of this Act. 16-15 (d) Permanent directors other than initial permanent 16-16 directors serve staggered four-year terms. 16-17 (e) Each director must qualify to serve as director in the 16-18 manner provided by Section 49.055, Water Code. 16-19 (f) A director serves until the director's successor has 16-20 qualified. 16-21 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 16-22 directors is composed of: 16-23 (1) M. Paul Martin; 16-24 (2) Carey R. Troell; 16-25 (3) Sidney H. Swearingen; 16-26 (4) Doris M. Alderman; and 17-1 (5) Sandra Johnston. 17-2 (b) If a temporary director fails to qualify for office, the 17-3 temporary directors who have qualified shall appoint a person to 17-4 fill the vacancy. If at any time there are fewer than three 17-5 qualified temporary directors, the commission shall appoint the 17-6 necessary number of persons to fill all vacancies on the board. 17-7 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 17-8 (a) The temporary board of directors shall call and hold an 17-9 election to confirm establishment of the district and to elect five 17-10 initial directors as provided by Chapter 49, Water Code. 17-11 (b) The confirmation election may not be held until a 17-12 development agreement has been approved by the city. 17-13 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in 17-14 May of the fourth year after the year in which the confirmation 17-15 election is held, an election shall be held in the district for the 17-16 election at large of two directors to serve two-year terms and 17-17 three directors to serve four-year terms. The directors shall draw 17-18 lots to determine which two directors will serve two-year terms and 17-19 which three directors will serve four-year terms. Thereafter, on 17-20 the first Saturday in May of each subsequent second year, the 17-21 appropriate number of directors shall be elected to the board. 17-22 SECTION 11. SPECIFIC POWERS AND LIMITATIONS. (a) In 17-23 addition to the authority granted to the district by the laws 17-24 incorporated in this Act by reference, the district may conduct or 17-25 authorize the following specific improvement projects: 17-26 (1) the planning, design, construction, improvement, 18-1 and maintenance of: 18-2 (A) highway right-of-way or transit corridor 18-3 beautification and improvements; 18-4 (B) hiking and cycling paths and trails, 18-5 pedestrian walkways, skywalks, crosswalks, or tunnels; 18-6 (C) parks, trails, lakes, gardens, recreational 18-7 facilities, open space, scenic areas, and related exhibits and 18-8 preserves; 18-9 (D) drainage or storm water detention 18-10 improvements; 18-11 (E) solid waste, water, sewer, and power 18-12 facilities or services, including facilities for recycling treated 18-13 wastewater; or 18-14 (F) roads, streets, sidewalks, and rights-of-way 18-15 for roads, streets, and sidewalks; 18-16 (2) the removal, razing, demolition, or clearing of 18-17 land or improvements in connection with any improvement project; 18-18 (3) the acquisition and improvement of land and other 18-19 property, inside and outside of the district, for the mitigation of 18-20 the environmental effects of any improvement project; 18-21 (4) the acquisition of real or personal property or an 18-22 interest in real or personal property in connection with an 18-23 authorized improvement project; 18-24 (5) any special or supplemental services for the 18-25 improvement and promotion of the district or the areas adjacent to 18-26 the district or for the protection of public health and safety 19-1 within or adjacent to the district; and 19-2 (6) any similar public improvements, facilities, or 19-3 services. 19-4 (b) The district shall: 19-5 (1) abide by, comply with, and enforce the city's 19-6 ordinances regarding drainage, floodplain regulation, and aquifer 19-7 protection within the boundaries of the district, including: 19-8 (A) Aquifer Protection Ordinance No. 81491; 19-9 (B) Underground Storage Tank Ban on the Edwards 19-10 Aquifer Recharge Zone Ordinance No. 81147; 19-11 (C) Underground Storage Tank Management Program 19-12 Ordinance 83200; and 19-13 (D) any amendments to the city ordinances; and 19-14 (2) comply with 40 C.F.R. 122.26. 19-15 (c) Only the rights, powers, privileges, authority, 19-16 functions, and duties of the district with respect to the retail 19-17 provision of water or sewer services are subject to the continuing 19-18 right of supervision of the state to be exercised by and through 19-19 the commission. 19-20 (d) The district may: 19-21 (1) borrow money for district purposes; 19-22 (2) enter into a contract with any person, including 19-23 the city, to accomplish any of the district's purposes including a 19-24 contract for the payment, repayment, or reimbursement, from tax 19-25 proceeds or any other specified source of funds, of any costs and 19-26 reasonable carrying costs incurred by that person for or on behalf 20-1 of the district, including all or part of the costs of any 20-2 improvement project; 20-3 (3) apply for and contract with any person, including 20-4 the city, to receive, administer, and perform the district's duties 20-5 and obligations under any federal, state, local, or private gift, 20-6 grant, loan, conveyance, or other financial assistance arrangement 20-7 relating to the investigation, planning, analysis, study, design, 20-8 acquisition, construction, improvement, completion, implementation, 20-9 or operation by the district or others of an improvement project or 20-10 a proposed improvement project; 20-11 (4) adopt, amend, and enforce by ordinary civil 20-12 remedies reasonable rules: 20-13 (A) for the administration and operation of the 20-14 district; 20-15 (B) for the use, enjoyment, availability, 20-16 protection, security, and maintenance of the district's properties 20-17 and facilities; and 20-18 (C) to provide for public safety and security in 20-19 the district; 20-20 (5) establish, revise, repeal, enforce, collect, and 20-21 apply the proceeds from user fees or charges for the enjoyment, 20-22 sale, rental, or other use of the district's facilities, services, 20-23 properties, or improvement projects; and 20-24 (6) by a lease, lease-purchase agreement, installment 20-25 purchase contract, or other agreement with any person, or by the 20-26 imposition or assessment of a tax, user fee, concession, rental, or 21-1 other revenue or resource of the district, provide for or secure 21-2 the payment or repayment of: 21-3 (A) the costs and expenses of the establishment, 21-4 administration, and operation of the district; 21-5 (B) the district's costs or share of the costs 21-6 or any improvement project; or 21-7 (C) the district's contractual obligations or 21-8 indebtedness. 21-9 (e) The district may not employ peace officers. The 21-10 district may contract for off-duty peace officers to provide public 21-11 safety and security services in connection with a special event, 21-12 holiday, period with high traffic congestion, or similar 21-13 circumstance. 21-14 (f) The board by rule may regulate the private use of public 21-15 roadways, open spaces, parks, sidewalks, and similar public areas. 21-16 To the extent the rules of the district conflict with a rule, 21-17 order, ordinance, or regulation of a county or municipality with 21-18 jurisdiction in the district's territory, the rule, order, 21-19 ordinance, or regulation of the county or municipality controls. 21-20 The rules may provide for the safe and orderly use of public 21-21 roadways, open spaces, parks, sidewalks, and similar public areas 21-22 or facilities. 21-23 (g) The district shall prohibit underground storage tanks 21-24 used to store any substance other than water inside of the 21-25 district's boundaries. An aboveground storage tank in the district 21-26 must: 22-1 (1) comply with applicable state regulations; and 22-2 (2) be approved by the San Antonio Water System. 22-3 (h) The district shall dedicate all water and sewer 22-4 infrastructure within the district to the San Antonio Water System 22-5 to own and operate as soon as the water or sewer lines are acquired 22-6 or constructed by the district and approved by San Antonio Water 22-7 System inspectors. 22-8 (i) The district may exercise the power of eminent domain 22-9 inside of the district's boundaries and within three miles of the 22-10 district's boundaries. 22-11 SECTION 12. CONTRACTS WITH DISTRICT. The district may 22-12 contract with a municipality, county, other political subdivision, 22-13 corporation, or other person to carry out the purposes of this Act 22-14 on the terms and conditions and for a period of time as the board 22-15 may determine. Notwithstanding any other law or charter provision, 22-16 a state agency, municipality, county, other political subdivision, 22-17 corporation, individual, or other person may contract with the 22-18 district to carry out the purposes of this Act without any further 22-19 authorization. 22-20 SECTION 13. DEVELOPMENT AGREEMENTS. A development agreement 22-21 may be amended at any time as the parties agree and circumstances 22-22 change. 22-23 SECTION 14. ANNEXATION OR EXCLUSION OF LAND; DIVISION OF 22-24 DISTRICT. The district may add or exclude land under the terms and 22-25 conditions of a development agreement in the manner provided by 22-26 Chapter 49 and Subchapter O, Chapter 51, Water Code, or may divide 23-1 into two or more districts under the terms and conditions of a 23-2 development agreement and in the manner provided by Subchapter O, 23-3 Chapter 51, Water Code. The district must obtain the consent of 23-4 the city before adding land to the district. 23-5 SECTION 15. ANNEXATION BY THE CITY. (a) The city may annex 23-6 all of the territory in the district at one time and under the 23-7 conditions specified in the development agreement. Any annexation 23-8 of the property in the district is governed by Chapter 43, Local 23-9 Government Code, as that chapter existed before May 1, 1999. 23-10 Specifically, and without limitation, the arbitration, mediation, 23-11 notices, and service level requirements imposed by Chapter 1167, 23-12 Acts of the 76th Legislature, Regular Session, 1999, do not apply 23-13 to the annexation of property in the district. Notwithstanding any 23-14 other provision of this section, Section 43.002, Local Government 23-15 Code, applies to the annexation of property in the district. 23-16 (b) On completion of the annexation of the territory in the 23-17 district: 23-18 (1) the city automatically succeeds to the property of 23-19 the district and assumes all of the outstanding obligations of the 23-20 district; and 23-21 (2) the district ceases to exist and the taxes, 23-22 assessments, and impact fees of the district cease to apply. 23-23 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 23-24 (a) The proper and legal notice of the intention to introduce this 23-25 Act, setting forth the general substance of this Act, has been 23-26 published as provided by law, and the notice and a copy of this Act 24-1 have been furnished to all persons, agencies, officials, or 24-2 entities to which they are required to be furnished by the 24-3 constitution and other laws of this state, including the governor, 24-4 who has submitted the notice and the Act to the commission. 24-5 (b) The commission has filed its recommendations relating to 24-6 the Act with the governor, the lieutenant governor, and the speaker 24-7 of the house of representatives within the required time. 24-8 (c) All requirements of the constitution and laws of this 24-9 state and the rules and procedures of the legislature with respect 24-10 to the notice, introduction, and passage of this Act are fulfilled 24-11 and accomplished. 24-12 SECTION 17. EFFECTIVE DATE. This Act takes effect 24-13 immediately if it receives a vote of two-thirds of all the members 24-14 elected to each house, as provided by Section 39, Article III, 24-15 Texas Constitution. If this Act does not receive the vote 24-16 necessary for immediate effect, this Act takes effect September 1, 24-17 2001. 24-18 COMMITTEE AMENDMENT NO. 1 24-19 Amend S.B. 1629 as follows: 24-20 On page 22, line 9, after "boundaries" insert a "." and 24-21 strike the remainder of the sentence. 24-22 Puente 24-23 COMMITTEE AMENDMENT NO. 2 24-24 Amend S.B. 1629 as follows: 24-25 On page 23, line 7, after "agreement." strike the remainder 24-26 of the paragraph. 25-1 Puente