1-1 By: Wentworth S.B. No. 1629 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 2, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 April 2, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1629 By: Lindsay 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, duties, 1-11 operations, and financing of Cibolo Canyon Conservation and 1-12 Improvement District No. 1; granting the authority to impose taxes 1-13 and issue bonds; granting the power of eminent domain. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. CREATION. (a) A conservation and reclamation 1-16 district, to be known as Cibolo Canyon Conservation and Improvement 1-17 District No. 1, is created in Bexar County, subject to approval at 1-18 a confirmation election under Section 9 of this Act. 1-19 (b) The district is created as a special district under and 1-20 is essential to accomplish the purposes of Section 52, Article III, 1-21 Section 52-a, Article III, and Section 59, Article XVI, Texas 1-22 Constitution. 1-23 SECTION 2. DEFINITIONS. In this Act: 1-24 (1) "Board" means the board of directors of the 1-25 district. 1-26 (2) "City" means the City of San Antonio. 1-27 (3) "Commission" means the Texas Natural Resource 1-28 Conservation Commission. 1-29 (4) "Development agreement" means an agreement or a 1-30 series of agreements between the district and the city concerning: 1-31 (A) the development and annexation of the 1-32 property within the district; 1-33 (B) the amount, timing, and purpose of the 1-34 district's debt; and 1-35 (C) the operation of the district. 1-36 (5) "District" means the Cibolo Canyon Conservation 1-37 and Improvement District No. 1. 1-38 (6) "Improvement project" means any program or project 1-39 authorized by this Act, inside or outside the district, that is 1-40 necessary to accomplish the public purposes of the district. 1-41 SECTION 3. BOUNDARIES. The district includes approximately 1-42 2,861.0294 acres in three tracts, to-wit: 1-43 TRACT NO. 1 1-44 1,817.4324 acres of land, Bexar County, Texas, consisting of 1-45 1,623.189 acres, being 180.972 acres of land out of the Heirs of 1-46 William Brisbin Survey No. 89 1/2, 67.620 acres of land out of the 1-47 Rompel, Koch & Voges Survey No. 1, 929.031 acres of land out of the 1-48 E. Martin Survey No. 89, 89.250 acres of land out of the El Paso 1-49 Irrigation Co. Survey No. 92 1/10, 356.166 acres of land out of the 1-50 Adolpus Hernden Survey No. 478 1/3 and 0.150 of an acre out of the 1-51 E. Valdez Survey No. 478 1/2, Bexar County, Texas, and being all of 1-52 that certain 1,627.008 acre tract of land re-surveyed and found to 1-53 contain under monumentation 1,623.189 acres of land, conveyed by 1-54 J.J. McCullick, Trustee to Murray A. Winn, Jr., Thomas T. Winn and 1-55 Randal W. Winn by deed dated August 20, 1973 and recorded in Volume 1-56 7167 on pages 586-588 of the Deed Records of Bexar County, Texas, 1-57 and in all under fence 1,623.189 acres of land described more 1-58 particularly by metes and bounds as follows: 1-59 BEGINNING at an iron pin and corner post found in the East line of 1-60 Bulverde Road, for the Northwest corner of the above-described 1-61 1,627.008 acre tract, for the Northwest corner of the herein 1-62 described 1,623.189 acre tract; 1-63 THENCE with the fence, a North line of the 1,627.008 acre tract, N 1-64 87 50' 00" E. 5,988.85 feet to an iron pin set at a corner post, 2-1 for a re-entrant corner of the 1,627.009 acre tract, for a 2-2 re-entrant of this tract; 2-3 THENCE with the fence, the Southwest line of the 1,627.008 acre 2-4 tract, N. 25 05' 12" W. 3, 406.40 feet to a 4" steel post and N. 2-5 25 18' 04" W. 1,064.15 feet to an iron pin set at a corner post, 2-6 for the West corner of the 1,627.008 acre tract, for the West 2-7 corner of this tract; 2-8 THENCE with the fence, the Northwest line of the 1,627.008 acre 2-9 tract, N 53 31' 36" E. 2,026.43 feet to an iron pin found at a 2-10 corner post, for the North corner of the 1,627.008 acre tract, for 2-11 the North corner of this tract; 2-12 THENCE with the fence, the Northeast line of the 1,627.008 acre 2-13 tract, S. 55 52' 24" E. 3,325.69 feet to an iron pin set at a 36" 2-14 Live Oak, S. 55 47' 33" E. 5,277.27 feet to a cedar post, and S. 2-15 51 41' 25" E. 244.53 feet to an iron pin found at a corner post, 2-16 for the Northeast corner of the 1,627.008 acre tract, for the 2-17 Northeast corner of this tract; 2-18 THENCE with the fence, the East line of the 1,627.008 acre tract, 2-19 S. 05 30' 33" E. 1,478.86 feet to a 24" Live Oak, S. 09 56' 00" E 2-20 382.42 feet to a 36" dead Live Oak, S. 00 10' 35" E. 1,193.13 feet 2-21 to a corner post, S 14 18' 24" W. 2,685.40 feet to a corner post 2-22 and S. 14 33' 47" W. 2,366.39 feet to an iron pin and corner post 2-23 found in the North line of Evans Road, for the Southeast corner of 2-24 the 1,627.008 acre tract, for the Southeast corner of this tract; 2-25 THENCE with the North line of Evans Road, the South line of the 2-26 1,627.008 acre tract, N. 78 46' 47" W. 2,659.16 feet to an iron 2-27 pin found and N. 69 59' 28" W. 42.27 feet to an iron pin and 2-28 corner post found for the Southwest corner of the 1,627.008 acre 2-29 tract, for the Southwest corner of this tract; 2-30 THENCE with the fence, the Southwest line of the 1,627.008 acre 2-31 tract N. 24 59' 47" W. 1,274.56 feet to an iron pin found in 2-32 concrete N. 25 06' 27" W. 450.07 feet to an iron pin found in 2-33 concrete and N. 25 07' 30" W. 4,724.98 feet to an iron pin and 2-34 corner post found for a re-entrant corner of the 1,627.008 acre 2-35 tract, for a re-entrant corner of this tract; 2-36 THENCE with the fence, a South line of the 1,627.008 acre tract, S. 2-37 87 49' 00" W. 7,067.93 feet to an iron pin and corner post found 2-38 in the East line of the aforesaid Bulverde Road, for a Southwest 2-39 corner of the 1,627.008 acre tract, for the Southwest corner of 2-40 this tract; 2-41 THENCE with the fence, the East line of Bulverde Road, the West 2-42 line of 1,627.008 acre tract, N 14 11' 23" W. 103.96 feet to an 2-43 iron pin found, N. 25 56' 24" W. 56.80 feet to an iron pin found, 2-44 N. 10 00' 38" E. 642.67 feet to an iron pin found, N. 31 37' 48" 2-45 E. 405.19 feet to an iron pin found and N 43 18' 35" E 284.97 feet 2-46 to the place of beginning; and 2-47 A 194.2434 acre tract of land being a 133.662 acre tract and a 60 2-48 acre tract, recorded in Volume 5259, Page 713, of the Deed and Plat 2-49 Records of Bexar County, Texas all out of that 975 acre tract, 2-50 recorded in Volume 2649, Page 347, of the Deed and Plat Records of 2-51 Bexar County, Texas, said 975 acres being out of the William 2-52 Brisbin Survey No. 89-1/2, Abstract No. 54, County Block 4900; the 2-53 Rompel, Koch, and Voges Survey No. 1, Abstract No. 54, County Block 2-54 4900; the Rompel, Koch, and Voges Survey No. 89, Abstract No. 1020, 2-55 County Block 4901; the E. Martin Survey No. 89, Abstract No. 524, 2-56 County Block 4909; the El Paso Irrigation Co. Survey No. 92-1/10, 2-57 Abstract No. 845, County Block 4910, and the A. Herndon Survey No. 2-58 478-1/3, County Block 4911, in Bexar County, Texas; said 194.2434 2-59 acre tract being more particularly described as follows: 2-60 BEGINNING: At a found iron pin on the East ROW line of Bulverde 2-61 Road; said iron pin being the southwest corner of a 201.755 acre 2-62 tract of land recorded in Volume 5177, page 214 of the Deed and 2-63 Plat Records of Bexar County, Texas, a point on the west line of 2-64 said 975 acre tract and the northwest corner of this tract being 2-65 described; 2-66 THENCE: N 87 49' 00" E 4111.86 feet along the south line of said 2-67 201.755 acre tract to a set iron pin for the northeast corner of 2-68 this tract being described; 2-69 THENCE: S 17 48' 10" W 1026.39 feet to a set iron pin, an angle 3-1 point; 3-2 THENCE: S 87 49' 00" W 480.00 feet to a set iron pin, an angle 3-3 point; 3-4 THENCE: S 01 56' 52" E 2422.66 feet to a set iron pin, an angle 3-5 point; 3-6 THENCE: S 58 24' 54" W 614.01 feet to a set iron pin in the north 3-7 ROW line of Bulverde Road for the most southerly corner of this 3-8 tract being described; 3-9 THENCE: Along the North and East ROW lines of Bulverde Road the 3-10 following: 3-11 N 33 57' 26" W 50.98 feet to a fence post; 3-12 N 49 26' 48" W 130.00 feet to a fence post; 3-13 N 29 20' 31" W 98.42 feet to a fence post; 3-14 N 06 17' 36" W 473.07 feet to a fence post; 3-15 N 23 00' 14" W 59.06 feet to a fence post; 3-16 N 46 09' 34" W 84.28 feet to a fence post; 3-17 N 64 54' 41" W 432.50 feet to a fence post; 3-18 N 71 51' 54" W 71.04 feet to a fence post; 3-19 N 81 16' 59" W 371.73 feet to a fence post; 3-20 S 85 52' 06" W 572.15 feet to a fence post; 3-21 N 74 42' 04" W 149.88 feet to a fence post; 3-22 N 32 10' 20" W 114.58 feet to a fence post; 3-23 N 01 01' 25" W 98.11 feet to a fence post; 3-24 N 29 30' 30" E 286.05 feet to a fence post; 3-25 N 21 27' 47" W 357.98 feet to a fence post; 3-26 N 31 38' 18" W 412.03 feet to a fence post; 3-27 N 22 38' 13" W 557.93 feet to a fence post; 3-28 N 46 32' 05" W 115.41 feet to a fence post; 3-29 N 65 46' 38" W 249.44 feet to a fence post; 3-30 N 39 34' 19" W 111.14 feet to a fence post; 3-31 N 14 12' 19" W 635.11 feet to the POINT OF BEGINNING containing 3-32 194.2434 acres. 3-33 TRACT NO. 2 3-34 Being 258.197 acres of land out of the Wm. W. Allen Survey No. 353, 3-35 Abstract 34, County Block 4866; the C. Vogel & F. Koch Survey No. 3-36 442, Abstract 984, County Block 4872A; the Rompel, Koch & Voges 3-37 Survey No. 1, Abstract 1020, County Block 4901; the Antonio Ruiz 3-38 Survey No. 448, Abstract 638, County Block 4898; the J.W. Esther 3-39 Survey No. 364, Abstract 219, County Block 4897; the E. Gonzalez 3-40 Survey No. 441, Abstract 288, County Block 4902; the W.M. Brisbin 3-41 Survey No. 89 1/2, Abstract 54, County Block 4900 and the C.A. 3-42 Rompel Survey No. 448, Abstract 1089, County Block 4880, Bexar 3-43 County, Texas and said 258.197 Acre Tract being the same tract of 3-44 land conveyed to Gill Savings Association by Deed in Lieu of 3-45 Foreclosure recorded in Volume 4826, Pages 1552-1576 of the Deed 3-46 Records of Bexar County, Texas and said 258.197 Acre Tract being 3-47 more fully described as follows: 3-48 BEGINNING at a found iron pin at an existing fence corner post on 3-49 the east right-of-way line of Smithson Valley Road and being the 3-50 northwest corner of a 1754.32 Acre Tract recorded in Volume 6967, 3-51 Page 927 of the Deed Records of Bexar County, Texas also being the 3-52 northwest corner of this tract; 3-53 THENCE: with the north line of the above mentioned 1754.32 Acre 3-54 Tract, the following: 3-55 N. 81 56' 58" E., 3,053.28 feet to an iron pin found at a 3-56 fence post for an angle point; 3-57 N. 81 56' 47" E., 6,664.34 feet to a fence post for an 3-58 angle point; 3-59 N. 82 06' 11" E., 4,387.57 feet to a fence post for an 3-60 angle point; 3-61 N. 85 11' 02" E., 1,051.00 feet to an iron pin found at a 3-62 fence corner post for an interior corner; 3-63 N. 12 36' 34" E., 550.49 feet to an iron pin found at a 3-64 fence corner post for an exterior corner; 3-65 S. 88 30' 33" E., 540.90 feet to an iron pin found for an 3-66 interior corner and being the south line of a 1249.70 Acre Tract; 3-67 THENCE: N. 02 00' 48" W., 1.580.54 feet to an iron pin found for 3-68 the most northerly corner of this tract; 3-69 THENCE: S. 29 43' 19" E., 2,024.00 feet to a fence post for a 4-1 corner; 4-2 THENCE: with fence line the following: 4-3 S. 68 21' 52" W., 12.37 feet to a fence post; 4-4 S. 78 05' 05" W., 10.79 feet to an iron pin found; 4-5 S. 77 48' 22" W., 54.36 feet to an iron pin found at a fence 4-6 corner post; 4-7 S. 01 44' 20"E., 87.63 feet to a fence corner post; 4-8 S. 60 40' 25" E., 69.88 feet to a fence corner post on the south 4-9 line of the aforementioned 1754.32 Acre Tract; 4-10 THENCE: with fence line along the south line of said 1754.32 Acre 4-11 Tract the following: 4-12 S. 56 39' 48" W., 1,447.64 feet to an angle point; 4-13 S. 56 55' 59" W., 290.63 feet to an angle point; 4-14 S. 56 38' 48" W., 1,414.12 feet to an angle point; 4-15 S. 56 38' 33" W., 2,874.22 feet to a fence corner post for 4-16 the southwest corner of this tract; 4-17 THENCE: leaving the south line of said 1754.32 Acre Tract and with 4-18 fence line the following: 4-19 N. 41 18' 08" W., 275.69 feet to a fence post; 4-20 N. 56 01' 07" W., 246.81 feet to a fence post; 4-21 N. 30 11' 39" W., 756.76 feet to a fence post; 4-22 N. 18 09' 39" W., 541.29 feet to an iron pin found; 4-23 N. 18 06' 15" W., 213.89 feet to a fence corner post; 4-24 S. 83 04' 23" W., 291.96 feet to a fence corner post; 4-25 N. 34 59' 36" W., 140.19 feet to a fence corner post; 4-26 N. 79 49' 47" W., 272.95 feet to a fence corner post; 4-27 N. 29 28' 15" W., 204.10 feet to an iron pin found; 4-28 N. 28 30' 33" W., 384.05 feet to an iron pin found for an interior 4-29 corner of this tract; 4-30 THENCE: 60.00 feet south and parallel to the north line of said 4-31 1754.32 Acre Tract the following: 4-32 S. 81 , 56', 47" W., 6,684.18 feet to a Railroad spike found; 4-33 S. 81 , 56', 58" W., 3,076.80 feet to an iron pin found on the east 4-34 right-of-way line of Smithson Valley Road for a corner of this 4-35 tract; 4-36 THENCE: N 11 12' 30" E, 63.61 feet along the east right-of-way 4-37 line of Smithson Valley Road to the POINT OF BEGINNING and 4-38 containing 258.197 acres of land more or less. 4-39 TRACT NO. 3 4-40 A 785.4 acres, or 34,210,000 square feet, tract of land being the 4-41 remainder of that 927.064 acre tract described in deed from Henry 4-42 Van de Walle et al to Dan F. Parman in Volume 3089, Page 1393-1399 4-43 of the Official Public Records of Real Property of Bexar County, 4-44 Texas, and conveyed to Peter Wolverton in Volume 5382, Page 756-764 4-45 of the Official Public Records of Real Property of Bexar County, 4-46 Texas out of the E. Martin Survey 89, Abstract 524, County Block 4-47 4909, the E. Gonzales Survey 441, Abstract 288, County Block 4902, 4-48 the Salvador Flores Survey No. 440, Abstract 243, County Block 4-49 4907, the Jil Jimenez Survey 358, Abstract 821 (Bexar) 682 (Comal), 4-50 County Block 4905, the W. H. Hughes Survey No. 478, Abstract 345 4-51 (Bexar) 364 (Comal), County Block 4906, and the F. Valdez Survey 4-52 No. 478 1/2, Abstract 787, County Block 4908, in Bexar and Comal 4-53 Counties, Texas. Said 785.4 acres being more particularly 4-54 described as follows: 4-55 BEGINNING: at a set 1/2" iron rod with yellow cap marked 4-56 "Pape-Dawson" at the southernmost corner of this tract, on the 4-57 south line of said 927.064 acre tract, at the southwest corner of a 4-58 99.900 acre tract out of said 927.064 acre tract, the southwest 4-59 corner of said 99.900 acre tract and said 927.064 acre tract being 4-60 S 64 40'20" E, a distance of 780.00 feet to a found 1/2" iron rod, 4-61 S 65 48'16" E, a distance of 1696.16 feet to a found 1/2" iron rod; 4-62 THENCE: Along and with the south line of said 927.064 acre tract 4-63 the following calls and distances: 4-64 N 65 40'20"W, at 29.25 feet passing the northeast corner of a 4-65 51.788 acre tract conveyed to John B. Webb in Volume 7002, Page 4-66 658-682 of the Official Public Records of Real Property of Bexar 4-67 County, Texas, and continuing with the south line of said 927.064 4-68 acre tract for a total distance of 1636.13 feet to a found 1/2" 4-69 iron rod; 5-1 N 49 15'20"W, a distance of 1274.99 feet to a found 1/2" iron 5-2 rod at the northwest corner of said 51.788 acre tract, the 5-3 northeast corner of a 1394.189 acre tract conveyed to Lumbermens 5-4 Investment Corporation in Volume 5792, Page 1701-1709 of the 5-5 Official Public Records of Real Property of Bexar County, Texas by 5-6 deed N 50 51'38" W, 1276.71 feet; 5-7 N 50 09'55"W, a distance of 253.64 feet to a found 1/2" iron 5-8 rod, by deed N 51 46'13"W, 246.49 feet; 5-9 N 54 11'40"W, a distance of 5267.86 feet to a found 1/2" iron rod 5-10 in a 30" Live Oak, by deed N 55 47'33" W, 5276.83 feet; 5-11 N 54 16'26"W, a distance of 3325.13 feet to a found 1/2" iron 5-12 rod at the southwest corner of the said 927.064 acres, the 5-13 northwest corner of said 1394.189 acre tract, on the southeast line 5-14 of a 1350.297 acre tract conveyed to the Poerner Family Partnership 5-15 in Volume 4869, Page 292-312 of the Official Public Records of Real 5-16 Property of Bexar County, Texas, by deed N 55 52'19" W, 3325.35 5-17 feet; 5-18 THENCE: N 54 59'55"E, a distance of 2448.93 feet to a found 1/2" 5-19 iron rod at the northwest corner of said 927.064 acre tract, by 5-20 deed N 53 24'02" E, 2449.06 feet; 5-21 THENCE: Continuing with the north line of said 927.064 acre tract 5-22 the following calls and distances: 5-23 S 41 19'21"E, a distance of 1536.97 feet to a found 1/2" iron 5-24 rod, by deed S 42 55'36" E, 1536.87 feet; 5-25 N 79 13'24"E, a distance of 849.81 feet to a found 1/2" iron 5-26 rod, by deed N 77 37'30" E, 849.79 feet; 5-27 S 80 58'59"E, a distance of 1577.28 feet to a found 1/2" iron 5-28 rod in 18" Cedar, by deed S 82 36'03"E, 1577.43 feet; 5-29 S 19 36'38"E, a distance of 238.56 feet to a found 1/2" iron 5-30 rod in 17" Cedar, by deed S 21 16'00"E, 238.76 feet; 5-31 S 31 12'31"E, a distance of 408.74 feet to a found 1/2" iron 5-32 rod in 20" Cedar, by deed S 32 46'48"E, 408.62 feet; 5-33 THENCE: S 38 28'19"E, a distance of 513.61 feet to a found 1/2" 5-34 iron rod at the north corner of a 7.312 acre tract conveyed to John 5-35 L. and Mary H. McClung in Volume 6934, Page 826-829 of the Official 5-36 Public Records of Real Property of Bexar County, Texas, the north 5-37 corner of that 40.955 acre tract out of said 927.064 acre tract 5-38 conveyed to John O. Spice in Volume 6932, Page 279-286 of the 5-39 Official Public Records of Real Property of Bexar County, Texas; 5-40 THENCE: Along and with the south line of said 40.955 acre tract 5-41 the following calls and distances: 5-42 S 76 31'41"W, a distance of 408.43 feet to a set 1/2" iron 5-43 rod with cap marked "Pape-Dawson", by deed S 74 57'31"W, 408.99 5-44 feet; 5-45 S 09 28'05"E, a distance of 244.99 feet to a found 1/2" iron 5-46 rod, by deed S 11 10'57"E, 245.63 feet; 5-47 S 44 28'05"E, a distance of 310.27 feet to a found 1/2" iron 5-48 rod, by deed S 46 10'57" E, a distance of 310.00 feet; 5-49 S 59 36'52"E, a distance of 289.82 feet to a found 1/2" iron 5-50 rod, by deed S 61 10'57" E, 290.07 feet; 5-51 S 88 19'58"E, a distance of 1558.63 feet to a found 1/2" iron 5-52 rod, by deed East 1558.42 feet; 5-53 S 66 02'47"E, a distance of 318.27 feet to a found 1/2" iron 5-54 rod, by deed S 67 40'05" E, 318.43 feet; 5-55 S 88 18'36"E, a distance of 895.37 feet to a found 1/2" iron 5-56 rod, by deed East 894.76 feet; 5-57 N 74 47'26"E, a distance of 418.72 feet to a found 1/2" iron 5-58 rod, bent, by deed N 73 10'20"E, 417.94 feet; 5-59 S 88 07'27"E, at 626 feet passing the centerline of the 5-60 Cibolo Creek and continuing for a total distance of 954.80 feet to 5-61 a found 1/2" iron rod at the southeast corner of said 40.955 acre 5-62 tract, on the east line of said 927.064 acre tract; 5-63 THENCE: Along and with the east line of said 927.064 acre tract 5-64 the following calls and distances: 5-65 S 16 12'32"E, a distance of 527.73 feet to a set 1/2" iron 5-66 rod with cap marked "Pape-Dawson" in the centerline of said Cibolo 5-67 Creek, by deed S 17 50'29" E; 5-68 THENCE: S 63 21'01"E, a distance of 311.99 feet to a set 1/2" iron 5-69 rod with cap marked "Pape-Dawson" on the northeast corner of the 6-1 said E. Martin Survey, on the south line of the said W.H. Hughes 6-2 Survey 478, from which a 60" Live Oak bears N 43 E, a distance of 6-3 32.6 feet (11 3/4 varas) called a double 20" Live Oak in the deed 6-4 of 392.0 acres from Dierks to 4D Bar Ranch recorded in Document 6-5 98-06026868 of the Official Records of Comal County, by deed 6-6 S63 15'29"E, 328.78 feet; 6-7 THENCE: S 10 13'15"E, along and with the west line of said 392.0 6-8 acres, called as southerly line of the Joseph Thompson Survey 758, 6-9 a distance of 2453.77 feet to a set 1/2" iron rod with cap marked 6-10 "Pape-Dawson" in the centerline of the Cibolo Creek, the northeast 6-11 corner of the aforementioned 99.900 acre tract, by deed S 6-12 11 45'29"E; 6-13 THENCE: Along and with the north and west line of said 99.900 acre 6-14 tract the following calls and distances: 6-15 S 79 50'41" W, a distance of 1149.13 feet to a set 1/2" iron 6-16 rod with cap marked "Pape-Dawson", by deed S78 14'31"W, 1150.73 6-17 feet; 6-18 S 08 48'58" W, a distance of 1577.45 feet to a set 1/2" iron rod 6-19 with cap marked "Pape-Dawson", by deed S 07 12'48" W, 1577.45 feet; 6-20 THENCE: S 24 19'11"W, a distance of 249.86 feet, by deed S 6-21 22 42'48" W, 250.00 feet, to the POINT OF BEGINNING and containing 6-22 785.4 acres in Bexar County, Texas. This is not a legal survey. 6-23 SECTION 4. FINDINGS RELATED TO BOUNDARIES. The legislature 6-24 finds that the boundaries and field notes of the district form a 6-25 closure. A mistake in the field notes or in copying the field 6-26 notes in the legislative process does not affect the organization, 6-27 existence, or validity of the district, the right of the district 6-28 to levy and collect taxes, or the legality or operation of the 6-29 district or its governing body. 6-30 SECTION 5. FINDING OF BENEFIT. All of the land and other 6-31 property included within the boundaries of the district will be 6-32 benefited by the works and projects that are to be accomplished by 6-33 the district under the powers conferred by Section 52, Article III, 6-34 Section 52-a, Article III, and Section 59, Article XVI, Texas 6-35 Constitution. The district is created to serve a public use and 6-36 benefit. 6-37 SECTION 6. GENERAL POWERS. (a) The district has all of the 6-38 powers and duties provided by the general law of this state, 6-39 including: 6-40 (1) Subchapters F and G, Chapter 375, Local Government 6-41 Code; 6-42 (2) Subchapters A, D, E, and F, Chapter 383, Local 6-43 Government Code; 6-44 (3) Chapter 380, Local Government Code, and Chapter 6-45 351, Tax Code, as if the district were a municipality to which 6-46 those chapters apply; and 6-47 (4) the general laws of the state on road districts 6-48 created under Section 52, Article III, Texas Constitution, 6-49 including Chapter 257, Transportation Code, and on conservation and 6-50 reclamation districts created under Section 59, Article XVI, Texas 6-51 Constitution, including Chapters 49, 51, and 54, Water Code. 6-52 (b) The district may impose ad valorem taxes, sales and use 6-53 taxes, hotel occupancy taxes, assessments, and impact fees and 6-54 apply the proceeds of the taxes, assessments, or fees to the 6-55 payment of debt, to contract payments, or to maintenance and 6-56 operating expenses, notwithstanding any general law restriction 6-57 concerning the use of proceeds of taxes, assessments, or fees. 6-58 (c) This Act shall be liberally construed in conformity with 6-59 the legislative findings and purposes set forth in this Act. 6-60 (d) If any provision of the general law is in conflict or 6-61 inconsistent with this Act, this Act prevails. Any general law 6-62 which supplements the power and authority of the district, to the 6-63 extent not in conflict or inconsistent with the Act, is adopted and 6-64 incorporated by reference. 6-65 SECTION 7. BOARD OF DIRECTORS. (a) The district is 6-66 governed by a board of five directors. 6-67 (b) Temporary directors serve until initial permanent 6-68 directors are elected under Section 9 of this Act. 6-69 (c) Initial permanent directors serve until permanent 7-1 directors are elected under Section 10 of this Act. 7-2 (d) Permanent directors other than initial permanent 7-3 directors serve staggered four-year terms. 7-4 (e) Each director must qualify to serve as director in the 7-5 manner provided by Section 49.055, Water Code. 7-6 (f) A director serves until the director's successor has 7-7 qualified. 7-8 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 7-9 directors is composed of: 7-10 (1) M. Paul Martin; 7-11 (2) Carey R. Troell; 7-12 (3) Sidney H. Swearingen; 7-13 (4) Doris M. Alderman; and 7-14 (5) Sandra Johnston. 7-15 (b) If a temporary director fails to qualify for office, the 7-16 temporary directors who have qualified shall appoint a person to 7-17 fill the vacancy. If at any time there are fewer than three 7-18 qualified temporary directors, the commission shall appoint the 7-19 necessary number of persons to fill all vacancies on the board. 7-20 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 7-21 (a) The temporary board of directors shall call and hold an 7-22 election to confirm establishment of the district and to elect five 7-23 initial directors as provided by Chapter 49, Water Code. 7-24 (b) The confirmation election may not be held until a 7-25 development agreement has been approved by the city. 7-26 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in 7-27 May of the fourth year after the year in which the confirmation 7-28 election is held, an election shall be held in the district for the 7-29 election at large of two directors to serve two-year terms and 7-30 three directors to serve four-year terms. The directors shall draw 7-31 lots to determine which two directors will serve two-year terms and 7-32 which three directors will serve four-year terms. Thereafter, on 7-33 the first Saturday in May of each subsequent second year, the 7-34 appropriate number of directors shall be elected to the board. 7-35 SECTION 11. SPECIFIC POWERS AND LIMITATIONS. (a) In 7-36 addition to the authority granted to the district by the laws 7-37 incorporated in this Act by reference, the district may conduct or 7-38 authorize the following specific improvement projects: 7-39 (1) the planning, design, construction, improvement, 7-40 and maintenance of: 7-41 (A) highway right-of-way or transit corridor 7-42 beautification and improvements; 7-43 (B) hiking and cycling paths and trails, 7-44 pedestrian walkways, skywalks, crosswalks, or tunnels; 7-45 (C) parks, trails, lakes, gardens, recreational 7-46 facilities, open space, scenic areas, and related exhibits and 7-47 preserves; 7-48 (D) drainage or storm water detention 7-49 improvements; 7-50 (E) solid waste, water, sewer, and power 7-51 facilities or services, including facilities for recycling treated 7-52 wastewater; or 7-53 (F) roads, streets, sidewalks, and rights-of-way 7-54 for roads, streets, and sidewalks; 7-55 (2) the removal, razing, demolition, or clearing of 7-56 land or improvements in connection with any improvement project; 7-57 (3) the acquisition and improvement of land and other 7-58 property, inside and outside of the district, for the mitigation of 7-59 the environmental effects of any improvement project; 7-60 (4) the acquisition of real or personal property or an 7-61 interest in real or personal property in connection with an 7-62 authorized improvement project; 7-63 (5) any special or supplemental services for the 7-64 improvement and promotion of the district or the areas adjacent to 7-65 the district or for the protection of public health and safety 7-66 within or adjacent to the district; and 7-67 (6) any similar public improvements, facilities, or 7-68 services. 7-69 (b) The district shall: 8-1 (1) abide by, comply with, and enforce the city's 8-2 ordinances regarding drainage, floodplain regulation, and aquifer 8-3 protection within the boundaries of the district, including: 8-4 (A) Aquifer Protection Ordinance No. 81491; 8-5 (B) Underground Storage Tank Ban on the Edwards 8-6 Aquifer Recharge Zone Ordinance No. 81147; 8-7 (C) Underground Storage Tank Management Program 8-8 Ordinance 83200; and 8-9 (D) any amendments to the city ordinances; and 8-10 (2) comply with 40 C.F.R. 122.26. 8-11 (c) Only the rights, powers, privileges, authority, 8-12 functions, and duties of the district with respect to the retail 8-13 provision of water or sewer services are subject to the continuing 8-14 right of supervision of the state to be exercised by and through 8-15 the commission. 8-16 (d) The district may: 8-17 (1) borrow money for district purposes; 8-18 (2) enter into a contract with any person, including 8-19 the city, to accomplish any of the district's purposes including a 8-20 contract for the payment, repayment, or reimbursement, from tax 8-21 proceeds or any other specified source of funds, of any costs and 8-22 reasonable carrying costs incurred by that person for or on behalf 8-23 of the district, including all or part of the costs of any 8-24 improvement project; 8-25 (3) apply for and contract with any person, including 8-26 the city, to receive, administer, and perform the district's duties 8-27 and obligations under any federal, state, local, or private gift, 8-28 grant, loan, conveyance, or other financial assistance arrangement 8-29 relating to the investigation, planning, analysis, study, design, 8-30 acquisition, construction, improvement, completion, implementation, 8-31 or operation by the district or others of an improvement project or 8-32 a proposed improvement project; 8-33 (4) adopt, amend, and enforce by ordinary civil 8-34 remedies reasonable rules: 8-35 (A) for the administration and operation of the 8-36 district; 8-37 (B) for the use, enjoyment, availability, 8-38 protection, security, and maintenance of the district's properties 8-39 and facilities; and 8-40 (C) to provide for public safety and security in 8-41 the district; 8-42 (5) establish, revise, repeal, enforce, collect, and 8-43 apply the proceeds from user fees or charges for the enjoyment, 8-44 sale, rental, or other use of the district's facilities, services, 8-45 properties, or improvement projects; and 8-46 (6) by a lease, lease-purchase agreement, installment 8-47 purchase contract, or other agreement with any person, or by the 8-48 imposition or assessment of a tax, user fee, concession, rental, or 8-49 other revenue or resource of the district, provide for or secure 8-50 the payment or repayment of: 8-51 (A) the costs and expenses of the establishment, 8-52 administration, and operation of the district; 8-53 (B) the district's costs or share of the costs 8-54 or any improvement project; or 8-55 (C) the district's contractual obligations or 8-56 indebtedness. 8-57 (e) The district may not employ peace officers. The 8-58 district may contract for off-duty peace officers to provide public 8-59 safety and security services in connection with a special event, 8-60 holiday, period with high traffic congestion, or similar 8-61 circumstance. 8-62 (f) The board by rule may regulate the private use of public 8-63 roadways, open spaces, parks, sidewalks, and similar public areas. 8-64 To the extent the rules of the district conflict with a rule, 8-65 order, ordinance, or regulation of a county or municipality with 8-66 jurisdiction in the district's territory, the rule, order, 8-67 ordinance, or regulation of the county or municipality controls. 8-68 The rules may provide for the safe and orderly use of public 8-69 roadways, open spaces, parks, sidewalks, and similar public areas 9-1 or facilities. 9-2 (g) The district shall prohibit underground storage tanks 9-3 used to store any substance other than water inside of the 9-4 district's boundaries. An aboveground storage tank in the district 9-5 must: 9-6 (1) comply with applicable state regulations; and 9-7 (2) be approved by the San Antonio Water System. 9-8 (h) The district shall dedicate all water and sewer 9-9 infrastructure within the district to the San Antonio Water System 9-10 to own and operate as soon as the water or sewer lines are acquired 9-11 or constructed by the district and approved by San Antonio Water 9-12 System inspectors. 9-13 (i) The district may exercise the power of eminent domain 9-14 inside of the district's boundaries and within three miles of the 9-15 district's boundaries. 9-16 SECTION 12. CONTRACTS WITH DISTRICT. The district may 9-17 contract with a municipality, county, other political subdivision, 9-18 corporation, or other person to carry out the purposes of this Act 9-19 on the terms and conditions and for a period of time as the board 9-20 may determine. Notwithstanding any other law or charter provision, 9-21 a state agency, municipality, county, other political subdivision, 9-22 corporation, individual, or other person may contract with the 9-23 district to carry out the purposes of this Act without any further 9-24 authorization. 9-25 SECTION 13. DEVELOPMENT AGREEMENTS. A development agreement 9-26 may be amended at any time as the parties agree and circumstances 9-27 change. 9-28 SECTION 14. ANNEXATION OR EXCLUSION OF LAND; DIVISION OF 9-29 DISTRICT. The district may add or exclude land under the terms and 9-30 conditions of a development agreement in the manner provided by 9-31 Chapter 49 and Subchapter O, Chapter 51, Water Code, or may divide 9-32 into two or more districts under the terms and conditions of a 9-33 development agreement and in the manner provided by Subchapter O, 9-34 Chapter 51, Water Code. The district must obtain the consent of 9-35 the city before adding land to the district. 9-36 SECTION 15. ANNEXATION BY THE CITY. (a) The city may annex 9-37 all of the territory in the district at one time and under the 9-38 conditions specified in the development agreement. Any annexation 9-39 of the property in the district is governed by Chapter 43, Local 9-40 Government Code, as that chapter existed before May 1, 1999. 9-41 Specifically, and without limitation, the arbitration, mediation, 9-42 notices, and service level requirements imposed by Chapter 1167, 9-43 Acts of the 76th Legislature, Regular Session, 1999, do not apply 9-44 to the annexation of property in the district. Notwithstanding any 9-45 other provision of this section, Section 43.002, Local Government 9-46 Code, applies to the annexation of property in the district. 9-47 (b) On completion of the annexation of the territory in the 9-48 district: 9-49 (1) the city automatically succeeds to the property of 9-50 the district and assumes all of the outstanding obligations of the 9-51 district; and 9-52 (2) the district ceases to exist and the taxes, 9-53 assessments, and impact fees of the district cease to apply. 9-54 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-55 (a) The proper and legal notice of the intention to introduce this 9-56 Act, setting forth the general substance of this Act, has been 9-57 published as provided by law, and the notice and a copy of this Act 9-58 have been furnished to all persons, agencies, officials, or 9-59 entities to which they are required to be furnished by the 9-60 constitution and other laws of this state, including the governor, 9-61 who has submitted the notice and the Act to the commission. 9-62 (b) The commission has filed its recommendations relating to 9-63 the Act with the governor, the lieutenant governor, and the speaker 9-64 of the house of representatives within the required time. 9-65 (c) All requirements of the constitution and laws of this 9-66 state and the rules and procedures of the legislature with respect 9-67 to the notice, introduction, and passage of this Act are fulfilled 9-68 and accomplished. 9-69 SECTION 17. EFFECTIVE DATE. This Act takes effect 10-1 immediately if it receives a vote of two-thirds of all the members 10-2 elected to each house, as provided by Section 39, Article III, 10-3 Texas Constitution. If this Act does not receive the vote 10-4 necessary for immediate effect, this Act takes effect September 1, 10-5 2001. 10-6 * * * * *