80R8413 TAD-F

By: Hegar S.B. No. 1990

A BILL TO BE ENTITLED

AN ACT

relating to the creation of The Summit on San Antonio Bay Municipal Utility District No. 1; granting the power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8231 to read as follows: CHAPTER 8231. THE SUMMIT ON SAN ANTONIO BAY MUNICIPAL UTILITY DISTRICT NO. 1 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8231.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means The Summit on San Antonio Bay Municipal Utility District No. 1.

Sec. 8231.002. NATURE OF DISTRICT. The district is a municipal utility district in Calhoun County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8231.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8231.022 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Calhoun County; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 8231.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the district or the board. [Sections 8231.005-8231.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8231.021. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Robert Harriman;

(2) William B. Fuller;

(3) Jeffrey B. Holberg;

(4) Michael R. Jeter; and

(5) Donald D. Simmons.

(b) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill the vacancies on the board.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8231.022; or

(2) the date this chapter expires under Section 8231.003.

Sec. 8231.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 8231.023. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8231.022 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

Sec. 8231.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8231.025-8231.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8231.051. DIRECTORS; TERMS; ELECTIONS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

(c) The appropriate number of directors shall be elected on the uniform election date in May of even-numbered years. [Sections 8231.052-8231.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8231.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8231.102. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 51.749 through 51.758, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) Any new district created by the division of the district may not contain any land outside the area described by Section 2 of the Act creating this chapter.

SECTION 2. The Summit on San Antonio Bay Municipal Utility District No. 1 includes all the territory contained in the following area:

Approximately 1033.78 acres of land situated in the Miguel Castillo Survey, Abstract No. 7 and the Pedro Mirando League, Abstract No. 27, Calhoun County, Texas and more fully described by metes and bounds as follows:

All of that certain tract or parcel containing 1033.78 acres situated in the Miguel Castillo Survey, Abstract No. 7 and the Pedro Mirando League. Abstract No. 27., Calhoun County, Texas and being the same property described as Tract 1, Tract 2 and Tract 3 (422.12 acres) in Special Warranty Deed dated July 24, 2000 from Elizabeth Marie Hardy to G. P. Hardy, III, recorded in Volume 258, Page 834 of the Official Records of Calhoun County, Texas and the same property described as 453 acres in deed from H. V. HeyIand. et ux to R. H. Parker. Jr. and Lillian Ann Underwood, recorded In Volume 242, Page 364 of the Deed Records of Calhoun County, Texas and the same property described as 128.48 acres in deed from J. P. Nunley, et ux, to R. H. Parker, Jr. and Lillian Ann Underwood, recorded In Volume 317, Page 879 of the Deed Records of Calhoun County, Texas. This 1033.78 acres is more particularly described by metes and bounds as follows:

BEGINNING at a 5/8 inch iron rod with plastic cap set in the Southwest line of State Highway No. 185 and at the West corner of a 12.155 acre tract described in deed recorded in Volume 43, Page 322 of the Calhoun County Deed Records and at the South corner of a 1.977 acre tract described in deed recorded in Volume 43, Page 337 of the Calhoun County Deed Records and in the Northwest line of a 250 acre tract described as Tract One of deed recorded in Volume 357, Page 736 of the Calhoun County Official Records and in the Southeast line of the above referenced 422.12 acre tract for the East corner of this 1033.78 acres being described;

THENCE South 55° 00' 00" West (Base Bearing) [Deed call = South 55° West], with the Northeast line of the said 250 acre tract and with the Southeast line of the said 422.12 acre tract, pass a 5/8 inch iron rod with plastic cap set on line at a distance of 8477.30 feet and continuing a total distance of 8877.30 feet to the South corner of a 2.52 acre tract described as First Tract in Easement recorded in Volume 115, Page 83 of the Calhoun County Deed Records for the South corner of this 1033.78 acres being described;

THENCE with the Southwest line of the said 422.12 acre tract and along the deed call shoreline of Guadalupe Bay and in part along the Right-of-Way of the Barge Canal with the following meanders:

North 16° 44' 37" East a distance of 608.07 feet;

North 06° 13' 58" West a distance of 241.00 feet;

North 02° 55' 02" East a distance of 437.00 feet;

North 09° 12' 02" East a distance of 550.40 feet;

North 02° 16' 57" East a distance of 375.52 feet;

North 73° 37' 44" West a distance of 38.80 feet;

North 11° 47' 44" West a distance of 180.00 feet;

North 06° 32' 16" East a distance of 324.50 feet;

North 21° 03' 44" West a distance of 174.30 feet;

North 07° 56' 44" West a distance of 304.94 feet to the West corner of a 2.46 acre tract described as Second Tract in the above referenced Easement and the West corner of the said 422.12 acre tract for a corner of this 1033.78 acres being described;

THENCE North 55° 00' 00" East [Deed call = North 55° East], with a Northwest line of the said 422.12 acre tract and with the Southeast line of the said 453.0 acre tract, a distance of 204.72 feet for a corner of this 1033.78 acres being described;

THENCE with the East right-of-way line of the West Side Calhoun County Navigation District (400' R.O.W.) as follows;

North 04° 48' 57" West a distance of 169.46 feet;

North 08° 08' 57" West a distance of 200.20 feet;

North 12° 08' 57" West a distance of 200.00 feet;

North 15° 40' 57" West a distance of 200.00 feet;

North 18° 15' 57" West a distance of 100.00 feet;

North 21° 15' 57" West a distance of 200.00 feet;

North 23° 49' 57" West a distance of 95.00 feet;

North 26° 19' 57" West a distance of 105.00 feet;

North 28° 57' 57" West a distance of 100.20 feet;

North 22° 19' 57" West a distance of 450.00 feet;

North 45° 52' 57" West a distance of 908.80 feet;

North 43° 40' 57" West. 1173.70 feet to a point the East right-of-way line of the said West Side Calhoun County Navigation District., said point being the West corner of the herein described tract and South corner of the remainder of that certain 11.08 acre tract of land as conveyed to Belle D. Smith according to Instrument recorded in Volume 25. Page 158 of the Official Records of said County;

THENCE. North 72 deg. 45' 03" East, with the common line of said 11.08 acre remainder, a distance of 651.30 feet to a concrete monument found marking the East corner of said 11.08 acre remainder and an Interior corner of the herein described tract;

THENCE, North 17 deg. 14'57" West, a distance of 600.00 feet to a concrete monument found marking the North corner of the said 11.08 acre remainder and a Northwesterly corner of the herein described tract;

THENCE, North 72 deg. 50' 33" East, along a barbed wire fence, a distance of 770.10 feet to a called for fence post for an angle point;

THENCE, North 70 deg. 39' 13" East, a distance of 178.59 feet to a called for fence post for an angle point;

THENCE, North 68 deg. 25' 47" East, a distance of 249.83 feet to a called for fence post for an angle point;

THENCE, North 66 deg. 41' 49" East, a distance of 74.41 feet to a called for fence post for an angle point;

THENCE, North 56 deg. 31' 46" East, a distance of 254.74 feet to a called for fence post for an angle point, said fence post being on the recognized common line of said Miguel Castillo Survey and the Pedro Miranda League;

THENCE, North 55 deg. 10' 25" East, along said common line and general direction of said barbed wire fence, distance of 4670.83 feet to a fence corner post found marking the North corner of the herein described tract, said fence post being in the Southwest right-of-way line of said State Highway No. 185;

THENCE, South 31 deg. 31' 06" East, along said right-of-way line and barbed wire fence, a distance of 2975.22 feet to a 5/8 inch diameter steel rebar set to mark the North corner of a 0.52 acre tract of land as conveyed to Virgil Claude Cassel according to Instrument recorded In Volume 85, Page 411 of the Deed Records of Calhoun County;

THENCE, South 58 deg. 28' 54" West, a distance of 150.00 feet to a 5/8 inch diameter steel rebar set to mark the West corner of said 0.52 acre tract;

THENCE, South 31 deg. 31' 06" East, a distance of 150.00 feet to a 5/8 Inch diameter steel rebar set to mark the South corner of said 0.52 acre tract;

THENCE, North 58 deg. 28' 54" East, a distance of 150.00 feet to a 5/8 inch diameter steel rebar found marking the East corner of said 0.52 acre tract and being in the Southwest right-of-way line of said State Highway No. 185;

THENCE, South 31 deg. 31' 06" East, along said right-of-way line, a distance of 404.19 feet to 5/8 inch diameter steel rebar found marking the North corner of a 1.00 acre tract of land as conveyed to Donald Leonard Lynch, et ux, according to Instrument recorded In Volume 206, Page 384 of the Deed Records of said County;

THENCE, South 55 deg. 00' 54" West, a distance of 209.10 feet to a 5/8 inch diameter steel rebar found marking the West corner of said1.00 acre tract;

THENCE, South 31 deg. 31' 06" East, a distance of 208.71 feet to a 5/8 inch diameter steel rebar found marking the South corner of said 1.00 acre tract;

THENCE, North 55 deg. 00' 51" East, a distance of 209.10 feet to a 5/8 inch diameter steel rebar found marking the East corner of the said 1.00 acre tract, and being In the Southwest right-of-way line of said State Highway No. 185;

THENCE, South 31 deg. 31' 06" East, along said right-of-way line, a distance of 40.10 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 1033.78 acres.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.