By Wentworth S.B. No. 1629
77R9168 T
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, the city
1-19 with extraterritorial jurisdiction over the property within the
1-20 district.
1-21 (3) "Commission" means the Texas Natural Resource
1-22 Conservation Commission.
1-23 (4) "Development agreement" means an agreement or
1-24 agreements between the district and the city concerning the
2-1 development and annexation of the property within the district; the
2-2 amount, timing, and purpose of the district's debt; and operation
2-3 of the district. A development agreement may be amended from time
2-4 to time as the parties agree and circumstances change.
2-5 (5) "District" means the Cibolo Canyon Conservation
2-6 and Improvement District No. 1.
2-7 (6) "Improvement project" means any program or project
2-8 authorized by this Act, inside or outside the district, that is
2-9 necessary to accomplish the public purposes of the district.
2-10 SECTION 3. BOUNDARIES. The district includes approximately
2-11 2,861.0294 acres in three tracts, to-wit:
2-12 TRACT NO. 1
2-13 1,817.4324 acres of land, Bexar County, Texas, consisting of
2-14 1,623.189 acres, being 180.972 acres of land out of the Heirs of
2-15 William Brisbin Survey No. 89 1/2, 67.620 acres of land out of the
2-16 Rompel, Koch & Voges Survey No. 1, 929.031 acres of land out of the
2-17 E. Martin Survey No. 89, 89.250 acres of land out of the El Paso
2-18 Irrigation Co. Survey No. 92 1/10, 356.166 acres of land out of the
2-19 Adolpus Hernden Survey No. 478 1/3 and 0.150 of an acre out of the
2-20 E. Valdez Survey No. 478 1/2, Bexar County, Texas, and being all of
2-21 that certain 1,627.008 acre tract of land re-surveyed and found to
2-22 contain under monumentation 1,623.189 acres of land, conveyed by
2-23 J.J. McCullick, Trustee to Murray A. Winn, Jr., Thomas T. Winn and
2-24 Randal W. Winn by deed dated August 20, 1973 and recorded in Volume
2-25 7167 on pages 586-588 of the Deed Records of Bexar County, Texas,
2-26 and in all under fence 1,623.189 acres of land described more
2-27 particularly by metes and bounds as follows:
3-1 BEGINNING at an iron pin and corner post found in the East line of
3-2 Bulverde Road, for the Northwest corner of the above-described
3-3 1,627.008 acre tract, for the Northwest corner of the herein
3-4 described 1,623.189 acre tract;
3-5 THENCE with the fence, a North line of the 1,627.008 acre tract, N
3-6 87 50' 00" E. 5,988.85 feet to an iron pin set at a corner post,
3-7 for a re-entrant corner of the 1,627.009 acre tract, for a
3-8 re-entrant of this tract;
3-9 THENCE with the fence, the Southwest line of the 1,627.008 acre
3-10 tract, N. 25 05' 12" W. 3, 406.40 feet to a 4" steel post and N.
3-11 25 18' 04" W. 1,064.15 feet to an iron pin set at a corner post,
3-12 for the West corner of the 1,627.008 acre tract, for the West
3-13 corner of this tract;
3-14 THENCE with the fence, the Northwest line of the 1,627.008 acre
3-15 tract, N. 53 31' 36" E. 2,026.43 feet to an iron pin found at a
3-16 corner post, for the North corner of the 1,627.008 acre tract, for
3-17 the North corner of this tract;
3-18 THENCE with the fence, the Northeast line of the 1,627.008 acre
3-19 tract, S. 55 52' 24" E. 3,325.69 feet to an iron pin set at a 36"
3-20 Live Oak, S. 55 47' 33" E. 5,277.27 feet to a cedar post, and S.
3-21 51 41' 25" E. 244.53 feet to an iron pin found at a corner post,
3-22 for the Northeast corner of the 1,627.008 acre tract, for the
3-23 Northeast corner of this tract;
3-24 THENCE with the fence, the East line of the 1,627.008 acre tract,
3-25 S. 05 30' 33" E. 1,478.86 feet to a 24" Live Oak, S. 09 56' 00" E
3-26 382.42 feet to a 36" dead Live Oak, S. 00 10' 35" E. 1,193.13 feet
3-27 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 line
4-21 of 1,627.008 acre tract, N. 14 11' 23" W. 103.96 feet to an iron
4-22 pin found, N. 25 56' 24" W. 56.80 feet to an iron pin found, N.
4-23 10 00' 38" E. 642.67 feet to an iron pin found, N. 31 37' 48" E.
4-24 405.19 feet to an iron pin found and N. 43 18' 27" E. 284.98 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
4-27 acre tract, recorded in Volume 5259, Page 713, of the Deed and Plat
5-1 Records of Bexar County, Texas all out of that 975 acre tract,
5-2 recorded in Volume 2649, Page 347, of the Deed and Plat Records of
5-3 Bexar County, Texas, said 975 acres being out of the William
5-4 Brisbin Survey No. 89-1/2, Abstract No. 54, County Block 4900; the
5-5 Rompel, Koch, and Voges Survey No. 1, Abstract No. 524, County
5-6 Block 4909; the El Paso Irrigation Co. Survey No. 92-1/10, Abstract
5-7 No. 845 County Block 4910, and the A. Herndon Survey No. 478-1/3,
5-8 County Block 4911, in Bexar County, Texas; said 194.2434 acre tract
5-9 being more particularly described as follows:
5-10 BEGINNING: At a found iron pin on the East ROW line of Bulverde
5-11 Road; said iron pin being the southwest corner of a 201.755 acre
5-12 tract of land recorded in Volume 5177, page 214 of the Deed and
5-13 Plat Records of Bexar County, Texas, a point on the west line of
5-14 said 975 acre tract and the northwest corner of this tract being
5-15 described;
5-16 THENCE: N 87 49' 00" E 4111.86 feet along-the south line of said
5-17 201.755 acre tract to a set iron pin for the northeast corner, of
5-18 this tract being described;
5-19 THENCE: S 17 48' 10" W 1026.39 feet to a set iron pin, an angle
5-20 point;
5-21 THENCE: S 87 49' 00" W 480.00 feet to a set iron pin, an angle
5-22 point;
5-23 THENCE: S 01 56' 52" E 2422.66 feet to a set iron pin, an angle
5-24 point;
5-25 THENCE: S 58 24' 54" E 614.01 feet to a set iron pin in the north
5-26 ROW line of Bulverde Road for the most southerly corner of this
5-27 tract being described;
6-1 THENCE: Along the North and East ROW lines of Bulverde Road the
6-2 following: N 33 57' N 26" W 50.98 feet to a fence post;
6-3 N 49 26' 48" W 130.00 feet to a fence post;
6-4 N 29 20' 31" W 98.42 feet to a fence post;
6-5 N 06 17' 36" W 473.07 feet to a fence post;
6-6 N 23 00' 14" W 59.06 feet to a fence post;
6-7 N 46 09' 34" W 84.28 feet to a fence post;
6-8 N 64 54' 41" W 432.50 feet to a fence post;
6-9 N 71 51' 54" W 71.04 feet to a fence post;
6-10 N 81 16' 59" W 371.73 feet to a fence post;
6-11 N 85 52' 06" W 572.15 feet to a fence post;
6-12 N 74 42' 04" W 149.88 feet to a fence post;
6-13 N 32 10' 20" W 114.58 feet to a fence post;
6-14 N 01 01' 25" W 98.11 feet to a fence post;
6-15 N 29 30' 30" W 286.05 feet to a fence post;
6-16 N 21 27' 47" W 357.98 feet to a fence post;
6-17 N 31 38' 18" W 412.03 feet to a fence post;
6-18 N 22 38' 13" W 557.93 feet to a fence post;
6-19 N 46 32' 05" W 115.41 feet to a fence post;
6-20 N 65 46' 38" W 249.44 feet to a fence post;
6-21 N 39 34' 19" W 111.14 feet to a fence post;
6-22 N 14 12' 22" W 635.11 feet to the POINT OF BEGINNING containing
6-23 194.2434 acres.
6-24 TRACT NO. 2
6-25 Being 258.197 acres of land out of the Wm. W. Allen Survey No. 353,
6-26 Abstract 34, County Block 4866; the C. Vogel & F. Koch Survey No.
6-27 442, Abstract 984, County Block 4872A; the Rompel, Koch & Voges
7-1 Survey No. 1, Abstract 1020, County Block 4901; the Antonio Ruiz
7-2 Survey No. 448, Abstract 638, County Block 4898; the J.W. Esther
7-3 Survey No. 364, Abstract 219, County Block 4897; the E. Gonzalez
7-4 Survey No. 441, Abstract 288, County Block 4902; the W.M. Brisbin
7-5 Survey No. 89 1/2, Abstract 54, County Block 4900 and the C. A.
7-6 Rompel Survey No. 448, Abstract 10 89, County Block 4880, Bexar
7-7 County, Texas and said 258.197 Acre Tract being the same tract of
7-8 land conveyed to Gill Savings Association by Deed in Lieu of
7-9 Foreclosure recorded in Volume 4826, Pages 1552-1576 of the Deed
7-10 Records of Bexar County, Texas and said 258.197 Acre Tract being
7-11 more fully described as follows:
7-12 BEGINNING at a found iron pin at an existing fence corner post on
7-13 the east right-of-way line of Smithson Valley Road and being the
7-14 northwest corner of a 1754.32 Acre Tract recorded in Volume 6967,
7-15 Page 927 of the Deed Records of Bexar County, Texas also being the
7-16 northwest corner of this tract;
7-17 THENCE: with the north line of the above mentioned 1754.32 Acre
7-18 Tract, the following:
7-19 N. 81 56' 58" E., 3,053.28 feet to an iron pin found at a
7-20 fence post for an angle point;
7-21 N. 81 56' 47" E., 6,664.34 feet to a fence post for an angle
7-22 point;
7-23 N. 82 06' 11" E., 4,387.57 feet to a fence post for an angle
7-24 point;
7-25 N. 85 11' 02" E., 1,051.00 feet to an iron pin found at a
7-26 fence corner post for an interior corner;
7-27 N. 12 36' 34" E., 550.49 feet to an iron pin found at a
8-1 fence corner post for an exterior corner;
8-2 S. 88 30' 33" E., 540.90 feet to an iron pin found for an
8-3 interior corner and being the south line of a 1249.70 Acre Tract;
8-4 THENCE: N. 02 00' 48" W., 1.580.54 feet to an iron pin found for
8-5 the most northerly corner of this tract;
8-6 THENCE: S. 29 43' 19" E., 2,024.00 feet to a fence post for a
8-7 corner;
8-8 THENCE: with fence line the following:
8-9 S. 68 21' 52" W., 12.37 feet to a fence post; S. 78 05' 05" W.,
8-10 10.79 feet to an iron pin found; S. 77 48' 22" W., 54.36 feet to
8-11 an iron pin found at a fence corner post; S. 01 44' 20" E., 87.63
8-12 feet to a fence corner post; S. 60 40' 25" E., 69.88 feet to a
8-13 fence corner post on the south line of the aforementioned 1754.32
8-14 Acre Tract;
8-15 THENCE: with fence line along the south line of said 1754.32 Acre
8-16 Tract the following:
8-17 S. 56 39' 48" W., 1,447.64 feet to an angle point;
8-18 S. 56 55' 59" W., 290.63 feet to an angle point;
8-19 S. 56 38' 48" W., 1,414.12 feet to an angle point;
8-20 S. 56 38' 33" W., 2,874.22 feet to a fence corner post for
8-21 the southwest corner of this tract;
8-22 THENCE: leaving the south line of said 1754.32 Acre Tract and with
8-23 fence line the following:
8-24 N. 41 18' 08" W., 275.69 feet to a fence post;
8-25 N. 56 01' 07" W., 246.81 feet to a fence post;
8-26 N. 30 11' 39" W., 756.76 feet to a fence post;
8-27 N. 18 09' 39" W., 541.29 feet to an iron pin found;
9-1 N. 18 06' 15" W., 213.89 feet to a fence post;
9-2 S. 83 04' 23" W., 291.96 feet to a fence post;
9-3 N. 34 59' 36" W., 140.19 feet to a fence post;
9-4 N. 79 49' 47" W., 272.95 feet to a fence post;
9-5 N. 29 28' 15" W., 204.10 feet to an iron pin found;
9-6 N. 28 30' 33" W., 384.05 feet to an iron pin found for an interior
9-7 corner of this tract;
9-8 THENCE: 60.00 feet south and parallel to the north line of said
9-9 1754.32 Acre Tract the following:
9-10 S. 81 56' 47" W., 6,684.18 feet to a Railroad spike found;
9-11 S. 81 , 56', 58" W., 3,076.80 feet to an iron pin found on the east
9-12 right-of-way line of Smithson Valley Road for a corner of this
9-13 tract;
9-14 THENCE: N. 11 11' 00" E., 63.60 feet along the east right-of-way
9-15 line of Smithson Valley Road to the POINT OF BEGINNING and
9-16 containing 258.197 acres of land more or less.
9-17 TRACT NO. 3
9-18 A 785.4 acres, or 34,210,000 square feet, tract of land being the
9-19 remainder of that 927.064 acre tract described in deed from Henry
9-20 Van de Walle et al to Dan F. Parman in Volume 3089, Page 1393-1399
9-21 of the Official Public Records of Real Property of Bexar County,
9-22 Texas, and conveyed to Peter Wolverton in Volume 5382, Page 756-764
9-23 of. the Official Public Records of Real Property of Bexar County,
9-24 Texas out of the E. Martin Survey 89, Abstract 524, County Block
9-25 4909, the E. Gonzales Survey 441, Abstract 288, County Block 4902,
9-26 the Salvador Flores Survey No. 440, Abstract 243, County Block
9-27 4907, the Jil Jimenez Survey 358, Abstract 821 (Bexar) 682 (Comal),
10-1 County Block 4905, the W. H. Hughes Survey No. 478, Abstract 345
10-2 (Bexar) 364 (Comal), County Block 4906, and the F. Valdez Survey
10-3 No. 478 1/2, Abstract 787, County Block 4908, in Bexar and Comal
10-4 Counties, Texas. Said 785.4 acres being more particularly described
10-5 as follows:
10-6 BEGINNING: at a set 1/2" iron rod with yellow cap marked
10-7 "Pape-Dawson" at the southernmost corner of this tract, on the
10-8 south line of said 927.064 acre tract, at the southwest corner of a
10-9 99.900 acre tract out of said 927.064 acre tract, the southwest
10-10 corner of said 99.900 acre tract and said 927.064 acre tract being
10-11 S 64 40' 20" E, a distance of 780.00 feet to a found 1/2" iron
10-12 rod, S 65 48' 16" E, a distance of 1696.16 feet to a found 1/2"
10-13 iron rod;
10-14 THENCE: Along and with the south line of said 927.064 acre tract
10-15 the following calls and distances:
10-16 N 65 40' 20" W, at 29.25 feet passing the northeast corner
10-17 of a 51.788 acre tract conveyed to John B. Webb in Volume 7002,
10-18 Page 658-682 of the Official Public Records of Real Property of
10-19 Bexar County, Texas, and continuing with the south line of said
10-20 927.064 acre tract for a total distance of 1636.13 feet to a found
10-21 1/2" iron rod;
10-22 N 49 15' 20" W, a distance of 1274.99 feet to a found 1/2" iron
10-23 rod at the northwest corner of said 51.788 acre tract, the
10-24 northeast corner of a 1394.189 acre tract conveyed to Lumbermens
10-25 Investment Corporation in Volume 5792, Page 1701-1709 of the
10-26 Official Public Records of Real Property of Bexar County, Texas by
10-27 deed N 50 51' 38" W, 1276.71 feet;
11-1 N 50 09' 55" W, a distance of 253.64 feet to a found 1/2"
11-2 iron rod, by deed N 51 46' 13" W, 246.49 feet;
11-3 N 54 11' 40" W, a distance of 5267.86 feet to a found 1/2" iron
11-4 rod in a 30" Live Oak, by deed N 55 47' 33" W, 5276.83 feet;
11-5 N 54 16' 26" W, a distance of 3325.13 feet to a found 1/2"
11-6 iron rod at the southwest corner of the said 927.064 acres, the
11-7 northwest corner of said 1394.189 acre tract, on the southeast line
11-8 of a 1350.297 acre tract conveyed to the Poerner Family Partnership
11-9 in Volume 4869, Page 292-312 of the Official Public Records of Real
11-10 Property of Bexar County, Texas, by deed N 55 52' 19" W, 3325.35
11-11 feet;
11-12 THENCE: N 54 59' 55" E, a distance of 2448.93 feet to a found 1/2"
11-13 iron rod at the northwest corner of said 927.064 acre tract, by
11-14 deed N 53 24' 02" E, 2449.06 feet;
11-15 THENCE: Continuing with the north line of said 927.064 acre tract
11-16 the following calls and distances:
11-17 S 41 19' 21" E, a distance of 1536.97 feet to a found 1/2"
11-18 iron rod, by deed S 42 55' 36" E, 1536.87 feet;
11-19 N 79 13' 24" E, a distance of 849.81 feet to a found 1/2"
11-20 iron rod, by deed N 77 37' 30" E, 849.79 feet;
11-21 S 80 58' 59" E, a distance of 1577.28 feet to a found 1/2"
11-22 iron rod in 18" Cedar, by deed S 82 36' 03" E, 1577.43 feet;
11-23 S 19 36' 38" E, a distance of 238.56 feet to a found 1/2"
11-24 iron rod in 17" Cedar, by deed S 21 16' 00" E, 238.76 feet;
11-25 S 31 12' 31" E, a distance of 408.74 feet to a found 1/2"
11-26 iron rod in 20" Cedar, by deed S 32 46' 48" E, 408.62 feet;
11-27 THENCE: S 38 28' 19" E, a distance of 513.61 feet to a found 1/2"
12-1 iron rod at the north corner of a 7.312 acre tract conveyed to John
12-2 L. and Mary H. McClung in Volume 6934, Page 826-829 of the Official
12-3 Public Records of Real Property of Bexar County, Texas, the north
12-4 corner of that 40.955 acre tract out of said 927.064 acre tract
12-5 conveyed to John O. Spice in Volume 6932, Page 279-286 of the
12-6 Official Public Records of Real Property of Bexar County, Texas;
12-7 THENCE: Along and with the south line of said 40.955 acre tract the
12-8 following calls and distances:
12-9 S 76 31' 41" W, a distance of 408.43 feet to a set 1/2" iron
12-10 rod with cap marked "Pape-Dawson", by deed S 74 57' 31" W, 408.99
12-11 feet;
12-12 S 09 28' 05" E, a distance of 244.99 feet to a found 1/2"
12-13 iron rod, by deed S 11 10' 57" E, 245.63 feet;
12-14 S 44 28' 05" E, a distance of 310.27 feet to a found 1/2"
12-15 iron rod, by deed S 46 10' 57" E, a distance of 310.00 feet;
12-16 S 59 36' 52" E, a distance of 289.82 feet to a found 1/2"
12-17 iron rod, by deed S 61 10' 57" E, 290.07 feet;
12-18 S. 88 19' 58" E, a distance of 1558.63 feet to a found 1/2"
12-19 iron rod, by deed East 1558.42 feet;
12-20 S 66 02'47"E, a distance of 318.27 feet to a found 1/2"
12-21 iron rod, by deed S 67 40'05" E, 318.43 feet;
12-22 S 88 18'36"E, a distance of 895.37 feet to a found 1/2"
12-23 iron rod, by deed East 894.76 feet;
12-24 N 74 47'26"E, a distance of 418.72 feet to a found 1/2"
12-25 iron rod, bent, by deed N 73 10'20"E, 417.94 feet;
12-26 S 88 07'127"E, at 626 feet passing the centerline of
12-27 the Cibolo Creek and continuing for a total distance of 954.80 feet
13-1 to a found 1/2" iron rod at the southeast corner of said 40.955
13-2 acre tract, on the east line of said 927.064 acre tract;
13-3 THENCE: Along and with the east line of said 927.064 acre tract the
13-4 following calls and distances:
13-5 S 16 12'32"E, a distance of 527.73 feet to a set 1/2"
13-6 iron rod with cap marked "Pape-Dawson" in the centerline of said
13-7 Cibolo Creek, by deed S 17 50'29" E;
13-8 THENCE: S 63 21'01"E, a distance of 311.99 feet to a set 1/2" iron
13-9 rod with cap marked "Pape-Dawson" on the northeast corner of the
13-10 said E. Martin Survey, on the south line of the said W.H. Hughes
13-11 Survey 478, from which a 60" Live Oak bears N 43 E, a distance of
13-12 32.6 feet (11 3/4 varas) called a double 20" Live Oak in the deed
13-13 of 392.0 acres from Dierks to 4D Bar Ranch recorded in Document
13-14 98-06026868 of the Official Records of Comal County, by deed
13-15 S63 15'29"E, 328.78 feet;
13-16 THENCE: S 10 13'15"E, along and with the west line of said 392.0
13-17 acres, called as southerly line of the Joseph Thompson Survey 758,
13-18 a distance of 2453.77 feet to a set 1/2" iron rod with cap marked
13-19 "Pape-Dawson" in the centerline of the Cibolo Creek, the northeast
13-20 corner of the aforementioned 99.900 acre tract, by deed S
13-21 11 45'29"E;
13-22 THENCE: Along and with the north and west line of said 99.900 acre
13-23 tract the following calls and distances:
13-24 S 79 50'41" W, a distance of 1149.13 feet to a set 1/2" iron
13-25 rod with cap marked "Pape-Dawson", by deed S78 14'31"W, 1150.73
13-26 feet;
13-27 S 08 48'58" W, a distance of 1577.45 feet to a set 1/2" iron rod
14-1 with cap marked "Pape-Dawson", by deed S 07 12'48" W, 1577.45 feet;
14-2 THENCE: S 24 18'58"W, a distance of 249.84 feet, by deed S
14-3 22 42'48" W, 250.00 feet, to the POINT OF BEGINNING and containing
14-4 785.4 acres in Bexar County, Texas. Said tract being described in
14-5 accordance with a survey made on the ground and a survey map
14-6 prepared by Pape-Dawson Engineers, Inc.
14-7 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature
14-8 finds that the boundaries and field notes of the district form a
14-9 closure. A mistake in the field notes or in copying the field notes
14-10 in the legislative process does not affect the organization,
14-11 existence, or validity of the district, the right of the district
14-12 to levy and collect taxes, or the legality or operation of the
14-13 district or its governing body.
14-14 SECTION 5. FINDING OF BENEFIT. All of the land and other
14-15 property included within the boundaries of the district will be
14-16 benefited by the works and projects that are to be accomplished by
14-17 the district under the powers conferred by Section 52, Article III,
14-18 Section 52-a, Article III, and Section 59, Article XVI, Texas
14-19 Constitution. The district is created to serve a public use and
14-20 benefit.
14-21 SECTION 6. GENERAL POWERS. (a) The district has all of the
14-22 powers and duties provided by the general law of this state,
14-23 including:
14-24 (1) Chapters 49, 51, and 54, Water Code;
14-25 (2) Subchapters F and G, Chapter 375, Local Government
14-26 Code;
14-27 (3) Subchapters A, D, E, and F, Chapter 383, Local
15-1 Government Code;
15-2 (4) Chapter 257, Transportation Code;
15-3 (5) Chapter 380, Local Government Code, and Chapter
15-4 351, Tax Code, as if the district were a municipality to which
15-5 those chapters apply; and
15-6 (6) the general laws of the state on road districts
15-7 created under Section 52, Article III, Texas Constitution, and on
15-8 conservation and reclamation districts created under Section 59,
15-9 Article XVI, Texas Constitution.
15-10 (b) The district may impose ad valorem taxes, sales and use
15-11 taxes, hotel occupancy taxes, assessments, and impact fees and
15-12 apply the proceeds of the taxes, assessments, or fees to the
15-13 payment of debt, to contract payments, or to maintenance and
15-14 operating expenses, notwithstanding any general law restrictions
15-15 concerning use of such funds.
15-16 (c) This Act shall be liberally construed in conformity with
15-17 the legislative findings and purposes set forth in this Act.
15-18 (d) If any provision of the general law is in conflict or
15-19 inconsistent with this Act, this Act prevails. Any general law
15-20 which supplements the power and authority of the district, to the
15-21 extent not in conflict or inconsistent with the Act, is adopted and
15-22 incorporated by reference.
15-23 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
15-24 by a board of five directors.
15-25 (b) Temporary directors serve until initial permanent
15-26 directors are elected under Section 9 of this Act.
15-27 (c) Initial permanent directors serve until permanent
16-1 directors are elected under Section 10 of this Act.
16-2 (d) Permanent directors other than initial permanent
16-3 directors serve staggered four-year terms.
16-4 (e) Each director must qualify to serve as director in the
16-5 manner provided by Section 49.055, Water Code.
16-6 (f) A director serves until the director's successor has
16-7 qualified.
16-8 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
16-9 directors is composed of
16-10 (1) M. Paul Martin;
16-11 (2) Carey R. Troell;
16-12 (3) Sidney H. Swearingen;
16-13 (4) Doris M. Alderman; and
16-14 (5) Sandra Johnston.
16-15 (b) If a temporary director fails to qualify for office, the
16-16 temporary directors who have qualified shall appoint a person to
16-17 fill the vacancy. If at any time there are fewer than three
16-18 qualified temporary directors, the commission shall appoint the
16-19 necessary number of persons to fill all vacancies on the board.
16-20 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
16-21 The temporary board of directors shall call and hold an election to
16-22 confirm establishment of the district and to elect five initial
16-23 directors as provided by Chapter 49, Water Code. Such election may
16-24 not be held until a development agreement has been approved by the
16-25 city.
16-26 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
16-27 May of the fourth year after the year in which the confirmation
17-1 election is held, an election shall be held in the district for the
17-2 election at large of two directors to serve two-year terms and
17-3 three directors to serve four-year terms. Thereafter, on the first
17-4 Saturday in May of each subsequent second year, the appropriate
17-5 number of directors shall be elected to the board.
17-6 SECTION 11. SPECIFIC POWERS AND LIMITATIONS. (a) Without
17-7 limiting other authority granted to the district by laws
17-8 incorporated by reference herein, the district may conduct or
17-9 authorize the following specific improvement projects:
17-10 (1) the planning, design, construction, improvement,
17-11 and maintenance of:
17-12 (A) highway right-of-way or transit corridor
17-13 beautification and improvements;
17-14 (B) hiking and cycling paths and trails,
17-15 pedestrian walkways, skywalks, crosswalks, or tunnels;
17-16 (C) parks, trails, lakes, gardens, recreational
17-17 facilities, open space, scenic areas, and related exhibits and
17-18 preserves;
17-19 (D) drainage or storm water detention
17-20 improvements;
17-21 (E) solid waste, water, sewer and power
17-22 facilities or services, including facilities for recycling treated
17-23 wastewater; and
17-24 (F) roads, streets, sidewalks, and
17-25 rights-of-ways therefor.
17-26 (2) the removal, razing, demolition, or clearing of
17-27 land or improvements in connection with any improvement project;
18-1 (3) the acquisition and improvement of land and other
18-2 property, within and outside the district, for the mitigation of
18-3 the environmental effects of any improvement project;
18-4 (4) the acquisition of real or personal property or an
18-5 interest in real or personal property in connection with an
18-6 authorized improvement project;
18-7 (5) any special or supplemental services for the
18-8 improvement and promotion of the district or the areas adjacent to
18-9 the district or for the protection of public health and safety
18-10 within or adjacent to the district; and
18-11 (6) any similar public improvements, facilities, or
18-12 services.
18-13 (b) The district must abide by, comply with, and enforce the
18-14 city's ordinances regarding drainage, floodplain regulation, and
18-15 aquifer protection within the boundaries of the district, including
18-16 but not limited to Aquifer Protection Ordinance No. 81491, UST Ban
18-17 on the Edwards Aquifer Recharge Zone Ordinance No. 81147, and UST
18-18 Management Program Ordinance No. 83200 or any amendments thereto.
18-19 The district specifically must comply with 40 CFR 122.26 federal
18-20 regulations governing stormwater discharges and NPDES program.
18-21 (c) Only the rights, powers, privileges, authority,
18-22 functions, and duties of the district with respect to the retail
18-23 provision of water or sewer services are subject to the continuing
18-24 right of supervision of the state to be exercised by and through
18-25 the commission.
18-26 (d) The district may:
18-27 (1) borrow money for district purposes;
19-1 (2) enter into a contract with any person, including
19-2 the city, to accomplish any of the district's purposes including a
19-3 contract for the payment, repayment, or reimbursement, from tax
19-4 proceeds or any other specified source of funds, of any costs and
19-5 reasonable carrying costs incurred by that person for or on behalf
19-6 of the district, including all or part of the costs of any
19-7 improvement project;
19-8 (3) apply for and contract with any person, including
19-9 the city, to receive, administer, and perform the district's duties
19-10 and obligations under any federal, state, local, or private gift,
19-11 grant, loan, conveyance, or other financial assistance arrangement
19-12 relating to the investigation, planning, analysis, study, design,
19-13 acquisition, construction, improvement, completion, implementation,
19-14 or operation by the district or others of an improvement project or
19-15 a proposed improvement project;
19-16 (4) adopt, amend, and enforce by ordinary civil
19-17 remedies reasonable rules:
19-18 (A) for the administration and operation of the
19-19 district;
19-20 (B) for the use, enjoyment, availability,
19-21 protection, security, and maintenance of the district's properties
19-22 and facilities; and
19-23 (C) to provide for public safety and security in
19-24 the district;
19-25 (5) establish, revise, repeal, enforce, collect, and
19-26 apply the proceeds from user fees or charges for the enjoyment,
19-27 sale, rental, or other use of the district's facilities, services,
20-1 properties, or improvement projects;
20-2 (6) by a lease, lease-purchase agreement, installment
20-3 purchase contract, or other agreement with any person, or by the
20-4 imposition or assessment of a tax, user fee, concession, rental, or
20-5 other revenue or resource of the district, provide for or secure
20-6 the payment or repayment of:
20-7 (A) the costs and expenses of the establishment,
20-8 administration, and operation of the district;
20-9 (B) the district's costs or share of the costs
20-10 or any improvement project; or
20-11 (C) the district's contractual obligations or
20-12 indebtedness.
20-13 (d) The district may not employ peace officers; however, the
20-14 district may contract for off-duty peace officers to provide public
20-15 safety and security services in connection with a special event,
20-16 holiday, period with high traffic congestion, or similar
20-17 circumstances.
20-18 (e) The board by rule may regulate the private use of public
20-19 roadways, open spaces, parks, sidewalks, and similar public areas.
20-20 To the extent the rules of the district conflict with a rule,
20-21 order, ordinance, or regulation of a county or municipality with
20-22 jurisdiction in the district's territory, the rule, order,
20-23 ordinance, or regulation of the county or municipality controls.
20-24 The rules may provide for the safe and orderly use of public
20-25 roadways, open spaces, parks, sidewalks, and similar public areas
20-26 or facilities.
20-27 (f) The district shall not allow underground storage tanks
21-1 for any substance except water within its boundaries. Aboveground
21-2 storage tanks must comply with the state rules and regulations and
21-3 must be approved by the San Antonio Water System.
21-4 (g) All water and sewer infrastructure inside the district
21-5 must be dedicated to the San Antonio Water System to own and
21-6 operate as soon as the lines are acquired or constructed by the
21-7 district and approved by San Antonio Water System inspectors.
21-8 (h) The district shall have the power of eminent domain
21-9 within the district and within three (3) miles of the district's
21-10 boundaries.
21-11 SECTION 12. CONTRACTS WITH DISTRICT. The district may
21-12 contract with a city, county, other political subdivision,
21-13 corporation, or other person to carry out the purposes of this Act
21-14 on the terms and conditions and for a period of time as the board
21-15 may determine. Notwithstanding any other law or charter provision,
21-16 a state agency, city, county, other political subdivision,
21-17 corporation, individual, or other person may contract with the
21-18 district to carry out the purposes of this Act without any further
21-19 authorization.
21-20 SECTION 13. DIVISION OF DISTRICT. The district may add or
21-21 exclude land or divide into two or more districts, in the manner
21-22 provided by Chapter 49 and Subchapter O Chapter 51, Water Code,
21-23 under the terms and conditions of a development agreement. The
21-24 district must obtain the consent of the city before adding land.
21-25 SECTION 14. ANNEXATION BY THE CITY. (a) The city shall have
21-26 the power to annex all of the territory within the district at one
21-27 time at the time and under the conditions specified in the
22-1 development agreement. Any annexation of the property within the
22-2 district shall be under Chapter 43, Local Government Code as that
22-3 Chapter existed prior to May 1, 1999. Specifically, but without
22-4 limitation, the arbitration, mediation, notices, and service level
22-5 requirements imposed by SB 89, 76th Legislature, Regular Session,
22-6 1999, shall not apply to such annexation; provided, however, that
22-7 Section 43.002, Local Government Code, shall apply to such
22-8 annexation.
22-9 (b) Once annexation is complete, the city shall
22-10 automatically succeed to the property of the district and shall
22-11 assume all of the outstanding obligations of the district. At such
22-12 time, the district shall cease to exist and the taxes, assessments,
22-13 and impact fees of the district will no longer be applicable.
22-14 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
22-15 (a) The proper and legal notice of the intention to introduce this
22-16 Act, setting for the general substance of this Act, has been
22-17 ,published as provided by law, and the notice and a copy of this
22-18 Act have been furnished to all persons, agencies, officials, or
22-19 entities to which they are required to be furnished by the
22-20 constitution and other laws of this state, including the governor,
22-21 who has submitted the notice and the Act to the commission.
22-22 (b) The commission has filed its recommendations relating to
22-23 the Act with the governor, the lieutenant governor, and the speaker
22-24 of the house of representatives within the required time.
22-25 (c) All requirements of the constitution and laws of this
22-26 state and the rules and procedures of the legislature with respect
22-27 to the notice, introduction, and passage of this Act are fulfilled
23-1 and accomplished.
23-2 SECTION 16. EFFECTIVE DATE. This Act takes effect
23-3 immediately if it receives a vote of two-thirds of all the members
23-4 elected to each house, as provided by Section 39, Article III,
23-5 Texas Constitution. If this Act does not receive the vote necessary
23-6 for immediate effect, this Act takes effect September 1, 2001.