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                                 * * * * *