83(R) SB 1869 - Enrolled version



	S.B. No. 1869

relating to the creation of the Kendall County Municipal Utility

District No. 1; granting a limited power of eminent domain;

providing authority to issue bonds; providing authority to impose

assessments, fees, or taxes.

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 8484 to read as follows:

CHAPTER 8484. KENDALL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8484.001. DEFINITIONS. In this chapter:

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

(2) "Commission" means the Texas Commission on

Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Kendall County Municipal

Utility District No. 1.

Sec. 8484.002. NATURE OF DISTRICT. The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec. 8484.003. CONFIRMATION AND DIRECTORS' ELECTION

REQUIRED. The temporary directors shall hold an election to

confirm the creation of the district and to elect five permanent

directors as provided by Section 49.102, Water Code.

Sec. 8484.004. CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section 8484.003

until each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located has

consented by ordinance or resolution to the creation of the

district and to the inclusion of land in the district.

Sec. 8484.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.

(a) The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of a

municipal utility district as provided by general law and Section

59, Article XVI, Texas Constitution.

Sec. 8484.006. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting 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 the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes

for which the district is created or to pay the principal of and

interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8484.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 8484.052, directors serve

staggered four-year terms.

Sec. 8484.052. TEMPORARY DIRECTORS. (a) The temporary

board consists of:

(1) Michael Sedlak;

(2) Austin Ruple;

(3) Chris Hoegemeyer;

(4) Scot Wilson; and

(5) Jim Guy Egbert.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under

Section 8484.003; or

(2) the fourth anniversary of the effective date of

the Act enacting this chapter.

Section 8484.003 and the terms of the temporary directors have

expired, successor temporary directors shall be appointed or

reappointed as provided by Subsection (d) to serve terms that

expire on the earlier of:

(1) the date permanent directors are elected under

Section 8484.003; or

(2) the fourth anniversary of the date of the

appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a

majority of the assessed value of the real property in the district

may submit a petition to the commission requesting that the

commission appoint as successor temporary directors the five

persons named in the petition. The commission shall appoint as

successor temporary directors the five persons named in the

petition.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8484.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 8484.102. 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. 8484.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE

OR RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or resolution that is adopted under

Section 54.016 or 54.0165, Water Code, and that consents to the

creation of the district or to the inclusion of land in the

district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8484.151. ELECTIONS REGARDING TAXES OR BONDS.

(a) The district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 8484.153.

(b) The district must hold an election in the manner

provided by Chapters 49 and 54, Water Code, to obtain voter approval

before the district may impose an ad valorem tax or issue bonds

payable from ad valorem taxes.

Sec. 8484.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8484.151, the district

may impose an operation and maintenance tax on taxable property in

the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

Sec. 8484.153. CONTRACT TAXES. (a) In accordance with

Section 49.108, Water Code, the district may impose a tax other than

an operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district voters

voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8484.201. AUTHORITY TO ISSUE BONDS AND OTHER

OBLIGATIONS. The district may issue bonds or other obligations

payable wholly or partly from ad valorem taxes, impact fees,

revenue, contract payments, grants, or other district money, or any

combination of those sources, to pay for any authorized district

purpose.

Sec. 8484.202. TAXES FOR BONDS. (a) At the time the

district issues bonds payable wholly or partly from ad valorem

taxes, the board shall provide for the annual imposition of a

continuing direct ad valorem tax, without limit as to rate or

amount, while all or part of the bonds are outstanding as required

and in the manner provided by Sections 54.601 and 54.602, Water

Code.

(b) The board's order to issue bonds and authorize an ad

valorem tax must provide that the imposition of the tax ends and the

district's authority to assess and collect the tax ends on the

retirement of the bonds for which the tax was originally authorized

unless the district voters authorize the extension or continuation

of the ad valorem tax in a subsequent bond election.

SECTION 2. The Kendall County Municipal Utility District

No. 1 initially includes all the territory contained in the

following area:

Tract I

FIELD NOTES COVERING 2386.785 ACRES OF LAND; BEING-THE SOUTHEAST

PORTION OF THE DONNER CORPORATION RANCH OR THE K.W.W. RANCH,

LOCATED ABOUT 15 MILES N. 65° E. FROM THE COUNTY SEAT IN BOERNE,

TEXAS, AND BEING ALL OR PARTS OF THE FOLLOWING SURVEYS, LOCATED IN

KENDALL COUNTY:

GRANTEE

SURVEY NO.

CERT.

ABSTRACT

ACRES

Hans Specht

456

101.515

P. Gill

142

1296

9.600

Hans Specht

733

486

81.818

Paul Richter

664

80.000

Wm. Kretzer

730

286

101.000

N. Sanchez

505

500

452

23.967

S.A. & M.G.Ry.Co.

149

737

112.500

Louis Willke

277

741

25.000

Charles Kayser

504

285

160.000

H. Richter

419

133.330

Phillip Bauer

306

764

20.880

Henry Acker

1268

8.152

James H. Mars

504-1/2

332

257.500

Oscar Voelker

276

761

80.000

Louis Willke

600

532

160.000

Thos. I. Robinson

601

416

191.000

Oscar Voelker

1083

1120

54.000

Christian Kaiser

506

284

183.655

John Reinhard

601

408

142.789

John Reinhard

507

422

35.759

C. F. Bergmann

508

5.016

C. F. Bergman

822

1047

404.080

John Remmling

584

423

7.576

Ben Ficklin Irr. Co.

821

1.148

C. H. Sultenfuss

136

236

892

6.500

Total Acreage 23866.500

ALL LYING AND BEING SITUATED IN KENDALL COUNTY, TEXAS, AND BEING

MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, TO WIT:

Beginning at an old fence corner on the northeasterly cut

bank of the Guadalupe River on the west corner of the Henry Richter

Survey No. 20, and the southwest corner of the Elisha Maxey Survey

No. 9.

THENCE with an old fence, generally along the southeast line

of said Survey No. 9, the following:

N 59° 49' E, 243.00 feet;

N 59° 04'.E, 589.10 feet;

N 59° 48' E, 853.00 feet;

N 59° 36' E, 800.00 feet;

N 59° 16' E, 2240.20 feet to an old fence corner marking the

most northeasterly corner of this tract.

THENCE with a fence, the following:

S 42° 12' E, 263.00 feet;

S 32° 24' E, 453.30 feet;

S 60° 11'W, 1107.50 feet;

S 29° 28'E, 255.00 feet;

S 81° 39'W, 47.56 feet;

S 19° 22'W, 41.60 feet;

S 47° 44'E, 283.40 feet;

S 29° 19'E, 490.00 feet;

S 53° 07'W, 200.00 feet;

S 53° 03'W, 382.00 feet;

S 15° 03' W, 374.60 feet to a fence corner on the north cut

bank of the Guadalupe River.

THENCE S 15° 02' 44" W, across the Guadalupe River, 165.00

feet to the south cut bank of said Guadalupe River.

THENCE down the south cut bank of the Guadalupe River, with

its meanders the following:

S 74° 16'02" E, 377.02 feet;

S 47° 56' 51" E, 466.46 feet;

S 57° 04'00" E, 449.09 feet;

S 40° 09'23" E,131.48 feet to a 1/2 inch iron rod on the northeast

corner of a 9,600 acre tract as recorded in volume 33, Page 332-333,

Kendall County Deed Records.

THENCE S 24° 57' W, 140.00 feet to a 1/2 inch iron rod for

corner.

THENCE S 25° 52' W, 776.40 feet to an old rock mound for

corner.

THENCE S 73' 22' W, 152.80 feet to a 1/2 inch iron rod in a

fence.

THENCE with a high fence, the following:

S 0° 03' W, 365.81 feet;

S 0° 11' E, 1107.00 feet;

S 0' 19' E, 350.70 feet;

N 88° 29' W, 1605.40 feet;

N 88° 35' W, 435.00 feet;

N 88° 16' W, 468.00 feet;

N 87° 45' W, 504.70 feet;

N 85° 47' W, 478.00 feet;

N 86° 49' W, 371.50 feet;

N 55° 44' W, 500.00 feet;

N 65° 26' W, 445.50 feet;

S 16° 47' W, 1501.50 feet;

S 3° 21' W, 1040.60 feet;

S 32° 25' N, 813.50 feet to an old fence corner with a low

fence.

THENCE with said low fence, the following:

S 36° 10' E, 816.00 feet;

S 37° 03' E, 234.20 feet;

S 27° 23' E, 422.50 feet;

N 43° 46' W, 453.20 feet;

N 44° 37' W, 191.70 feet;

N 70° 47' W, 68.50 feet;

S 74° 45' W, 131.50 feet;

N 86° 30' W, 59.00 feet;

N 34° 51' W, 104.70 feet;

N 33° 21' W, 223.00 feet

N 62° 12' W, 30.70 feet;

N 77° 09' W, 128.00 feet;

N 67° 39' W, 40.00 feet;

N 67° 03' W, 155.80 feet;

N 55° 43' W, 114.50 feet;

N 64° 46' W, 47.30 feet;

N 16° 43' W, 139.40 feet;

N 23° 03' W, 138.70 feet;

N 19° 44' W, 185.70 feet;

N 23° 46' W, 331.00 feet to an old fence corner in a high

fence.

THENCE with a high fence, the following;

N 67° 51' W, 121.30 feet;

N 80° 45' W, 531.30 feet;

S 81° 05' W, 1207.50 feet;

S 81° 41' W, 1249.50 feet;

S 82° 02' W, 1144.10 feet to point in SE line O. Voelcker Sur.

276;

S 46° 03' W, 189.00 feet, SE corner O. Voelcker Sur. 276;

N 46° 17' W, 520.00 feet;

N 1° 09' W, 321.00 feet;

N 38° 05' W, 130.30 feet;

N 88° 31' W, 328.70 feet;

N 45° 05' W, 611.50 feet;

N 44° 28' W, 713.60 feet;

N 46° 30' W, 187.40 feet;

S 48° 00' W, 483.00 feet;

S 45° 57' W, 758.00 feet;

S 44° 47' W, 1582.50 feet;

S 44° 11' W, 261.50 feet;

N 38° 23' W, 330.40 feet;

N 25° 30' W, 208.50 feet;

N 13° 11' W, 312.70 feet;

N 16° 28' W, 115.00 feet;

N 18° 53' W, 41.00 feet;

N 12° 19' W, 260.50 feet;

N 4° 02' W, 400.00 feet;

N 3° 49' W, 200.00 feet;

N 2° 48' E, 215.00 feet;

N 42° 12' W, 226.70 feet;

N 55° 37' W, 490.60 feet;

S 42° 33' W, 281.70 feet;

S 42° 58' W, 473.00 feet;

N 89°.53' W, 317.00 feet;

N 89' 50' W, 565.70 feet;

S 89' 56' W, 791.40 feet;

N 0° 21' E, 189.00 feet;

N 88° 44' W, 413.70 feet to a fence corner on the east margin

of the Bergheim-Kendalia County Road, marking the southwest corner

of this tract.

THENCE with a fence along the east margin of said

Bergheim-Kendalia County Road, the following:

N 39° 22' E, 431.00 feet;

N 27° 08' E, at 561.00 feet the center line of a private road,

and in all 614.30 feet to an angle in said fence.

THENCE with a fence along the east margin of said

Bergheim-Kendalia County Road, the following:

N 24° 13' E, 333.60 feet;

N 9° 53' E, 487.50 feet;

N 6° 01' W, 1331.00 feet to a fence corner on the southeast

intersection of the Bergheim-Kendalia County Road and the Edge

Falls County Road.

THENCE with a fence along the southerly margin of the Edge

Falls County Road, the following:

N 22° 16' E, 102.40 feet;

N 48° 22' E, 585.00 feet;

N 48° 26' E, 1526.00 feet;

N 44° 58' E, 1253.00 feet;

N 71° 44' E, 795.40 feet;

N 71° 39' E, 668.30 feet;

N 70° 27' E, 1426.00 feet;

N 71° 38' E, 465.00 feet;

N 71° 44' E, 759.00 feet;

N 72° 04' E, 1318.80 feet;

S 63° 49' E, 298.00 feet;

S 42° 16' 37" E, 369.99 feet to the west cut bank of the

Guadalupe River.

THENCE down the westerly and southerly cut bank of the

Guadalupe River, with its meanders, the following:

S 62° 15' 38" W, 144.44 feet;

S 15° 31' 19" E, 128.99 feet;

S 20° 05' 40" W, 332.37 feet;

S 8° 12' 17" E, 490.15 feet;

S 8° 59' 53" E, 348.65 feet;

S 8° 44' 00" E, 545.78 feet;

S 8° 28' 55" E, 296.01 feet;

S 11° 52' 19" E, 335.69 feet;

S 36° 50' 15" E, 506.70 feet;

S 66° 44' 24" E, 327.04 feet;

S 75° 03' 14" E, 388.59 feet;

N 69° 11' 57" E, 450.97 feet;

N 57° 00' 08" E, 296.82 feet;

N 26° 45' 57" E, 722.04 feet;

S 55° 02' 07" E, 140.00 feet;

N 23° 17' 30" E, 322.83 feet;

N 19° 49' 54" E, 202.20 feet;

B 23° 31' 55" E, 551.90 feet;

N 53° 59' 53" E, 420.32 feet;

N 59° 55' 19" E, 322.08 feet;

N 74° 26' 37" E, 475.42 feet;

N 89° 08' 15" E, 312.24 feet;

S 55° 02' 26" E, 455.87 feet;

S 42° 35' 06" E, 437.34 feet;

S 31° 36' 05" E, 349.46 feet to a point in line with the

south-easterly Line of the Elisha Survey No. 9 from north of the

Guadalupe River.

THENCE N 60° 52' 58" E, across the Guadalupe River, 162.00

feet to the PLACE OF BEGINNING.

SAVE & EXCEPT:

1.175 acres of land, more or less, described in 2 parts as

follows:

Part I

1.108 acres of land, more or less, same being 0.949 of an acre

of land, more or less, out of the C. F. Bergmann Survey No. 822, and

0.159 of an acre of land, more or less, out of the B.F.I.&M. Co.

Survey Ho. 821, as described above, and being more particularly

described by metes and bounds as follows:

BEGINNING at a point in the proposed east right-of-way line

of R.M. 3160, same being in the west line of said Donner Corp.

property and the east line of the Bergheim-Kendalia County Road,

said point also being 60.00 feet at right angles from T.H.D. (Texas

Highway Department) Survey Line Station 451+8.99;

Thence along the proposed east right-of-way line of R.M. 3160 as

follows:

Southwesterly, on the arc of a circular curve to the right,

having a radius of 1969.86 feet and a chord, which bears South 20°

02' West for 1299.37 feet, a distance of 1324.16 feet to a point,

and

South 39° 17' 30" West, a distance of 71.70 feet to a point in

the west line of said Donner Corp. property and the east line of the

Bergheim-Kendalia County Road, said point also being 60.00 feet at

right angles from T.H.D. Survey Line Station 465+14.52; and being

further described as being North 38° 22' East 60.22 feet and North

39° 17' 30" East 108.34 feet from the north corner of Part 2 of this

Parcel.

Thence along the west line of said Donner Corp. property and

the east line of the Bergheim-Kendalia County Road as follows:

North 27° 23' East, a distance of 550.65 Feet to a point;

North 24° 26' East, a distance of 392.24 Feet to a point, and North

09° 54' East, a distance of 436.65 feet to the place of BEGINNING.

Part 2

0.067 acre of land, more or less, same being out of the above

described C. H. Sueltenfuss Survey No. 136 and being more

particularly described by metes and bounds as follows:

BEGINNING at a point in the proposed east right-of-way line

of R.M. 3160, same being in the west line of said Donner Corp.

property and the east line of the Bergheim-Kendalia County Road,

said point also being 60.00 feet at right angles from T.H.D. (Texas

Highway Department) Survey Line Station 466+85.03;

Thence southwesterly, on the arc of a circular curve to the

left, having a radius of 1849.86 feet and a chord, which bears South

33° 33' West for 250.42 feet, a distance of 250.61 feet to a point in

a south line of said Donner Corp. property, said point being South

89° 06' West, 378.7 feet from an interior southwest corner of said

Donner Corp. 2386.785 acre tract;

Thence South 89° 06' West, along a south line of said Donner

Corp. property, a distance of 35.10 feet to the original southwest

corner of said Donner Corp. 2386.785 acre tract;

Thence North 39' 40' East, along the west line of said Donner

Corp. property and the east line of the Bergheim-Kendalia County

Road, a distance of 271.81 feet to the place of BEGINNING.

Being the same property conveyed to the State of Texas by Deed

recorded in Volume 105, Page 445, Kendall County Deed Records.

SAVE & EXCEPT:

Being 23.741 acres of land out of a 2386.785 acre tract of

Land conveyed to KMI Associates by deed dated July 27, 1973,

recorded in Volume 117, Page 787 in the Deed Records of Kendall

County, Texas, and being' part of the Henry Bechter Survey 20,

Abstract No. 419, the Henry Acker Survey 1268, and the Phillip Gauer

Survey 306, Abstract No. 764, Kendall County, Texas.

Beginning at an iron pin at fence corner for the most easterly

north corner of said 2386.785 acre tract, being in the southeast

line of the Elisha Maxey Survey 9, Abstract No. 316 and the

northwest line of the Henry Acker Survey 1268, and being a

recentrant corner of the Alfred G. Kneupper, et ux, property

recorded in Volume 68, Page 507 of the Deed Records of Kendall

County, Texas.

Thence with fence and the southeast line of the Elisha Maxey

Survey 9, Abstract No. 316 and the most easterly northwest line of

said 2305.705 acre tract, S 56° 31' 48" ll 432.34 feet to an iron pin

in fence.

Thence continuing with fence and the southeast line of the

Elisha Maxey Survey; 9, Abstract No. 316, S 59° 26' 19" ll 1105.74

feet to a fence post at the northeast end of a 10 foot gate for the

west corner of this tract.

Thence through said 2386.785 acre tract, S 34° 03' 31" E 22.43

feet to an iron pin in the north right-of.-way line of a County Road.

Thence with the northeast line of said County Road S 40° 05'

46" E 240.13 feet to an iron pin.

Thence continuing with the northeast Tine of said County

Road, S 58° 21' 33" 477.65 feet to an eight inch fence post in

concrete for the most southerly corner of this tract, being in the

east line of said 2386.785 acre tract and being in the west line of

the Stella Hofheinz Harz property recorded in Volume 105, Page 622

of the Deed Records of Kendall County, Texas.

Thence with fence and the east line of said 2386.785 acre

tract and the west line of the Stella Hofeinz Harz property N 18° 23'

52" E 12.00 feet to a six inch post set in concrete and N 7° 48' 20" W

71.38 feet to an iron pin at an 18 inch Oak tree in fence.

Thence continuing with fence N 23° 45' 36" W 173.42 feet to a

six inch fence post.

Thence with fence N 60° 11' 00" E 1106.23 feet to an iron pin

at fence corner for the northwest corner of said Stella Hofheinz

Harz tract and the east corner of this tract.

Thence with fence and the southwest 1ine of said. Alfred G.

Knuepper, et ux, property, N 32° 18' 39" W 453.42 feet to an iron pin

in fence.

Thence with fence N 41° 55' 02" W 262.86 feet to the place of

beginning.

Being the same property conveyed to O. H. Finck by Deeds

recorded in Volume 122, Page 253 and Volume 122, Page 259, both

Kendall County Deed Records.

TRACT II

30.004 ACRES OF LAND, MORE OR LESS, OUT OF AND A PART OF THE

HENRY RICHTER SURVEY NO. 20. ABS. 419, BEING A PART OF THE

NORTHEASTERLY SECTOR OF THE DONNER CORPORATION KWW RANCH AND BEING

MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:

ORIGINATING:At a Point, the same being an Iron Pin with a Rock

Mound having a Flat Rock with the inscription, "Corner 30 Acres,

02-28-73", which bears from the Point of Intersection of the

Northeasterly Meanders of the Guadalupe River and the Northerly

Line of the aforementioned Richter Survey along a Fence Line being

the Northerly Boundary of the previously mentioned Richter Survey

the following courses:

N59° 45' 00"E, 243.00 feet to a point;

N59° 04'00"E, 589.00 feet to a point;

N59° 48' 00"E, 853.00 feet to a point;

THENCE: S32°44'32"E, 514.60 feet to the POINT OF BEGINNING of

the hereinafter described tract:

THENCE: N56°49'15"E, 991.09 feet to an Iron Pin with a Rock

Mound having a Flat Rock which indicates "Corner 30 Acres,

02-28-73" (The some bearing from a Northeasterly Corner, having an

Iron Pin set and being also a fence corner, of the Donner

Corporation KWW Ranch, the following courses: S47°44'00"E, 190.65

feet to a point; S42°16'00"W, 5.00 feet to a point; N85°41'00"W,

1172.05 feet to the above described Iron Pin):

THENCE: S15°07'15"E, 1352.62 feet to an Iron Pin (the same

being referenced from a 40 inch Cypress Tree, N10°02'45"W, 9.70

feet, also being referenced from another 48 inch Cypress Tree

1145°16'15"E, 28.00 feet);

THENCE: S36°59'45"E, 9.74 feet to a Point of Intersection with

the Northerly Meander Line of the Guadalupe River;

THENCE: Along the Northerly Meander Line of the Guadalupe

River, the ensuing courses:

S53°00'10"W, 100.00 feet to a point;

S46°43'26W, 100.61 feet to a point;

S39°20'13"W, 25.37 feet to a point;

S49°39'18"W, 98.72 feet to a point;

S54°44'23"W, 56.68 feet to a point;

S59°51'29"W, 104.01 feet to a point;

S64°00'41"W, 100.02 feet to a point;

S68°34'23"W, 100.50 feet to a point;

S59°48'03"W, 93.56 feet to a point;

S51°37'36"W, 97.12 feet to a point

S5°47'23"W, 25.48 feet to a point, the same being the

southwesterly Corner of the herein described tract;

THENCE: N38°12'15"W, 29.74 feet to an Iron Pin (the same being

referenced from a 36 inch Pecan Tree N27°24'45"E, 3.80 feet, also

being referenced from a 24 inch Pecan Tree S23°57'15"E, 17.30 feet);

THENCE: N14°07'45"E, 1366.00 feet to the POINT OF BEGINNING

and POINT OF CLOSURE, containing 30.004 acres of land, more or less.

TRACT III

Parcel A

100.00 ACRES

Being 100.00 acres of land out of and a part of the Hans

Specht Survey No. 733, Abstract No. 456, the Hans Specht Survey No.

99, Abstract No. 486 and the Peter Gill Survey No. 96, Abstract No.

1296, Kendall County, Texas and being part of a 2,386.785 acre tract

of land, same land described by deed from Donner Corporation to Joan

Brown Winter, et al. dated March 1, 1969, recorded in Volume 99,

Page 294 through 307 of the Deed Records of Kendall County, Texas

and being more particularly described by metes and bounds, as

follows:

BEGINNING at a fence corner found for and marking the most

Easterly Southeast corner of said 2,386.785 acre tract of land,

being the Southeast corner of the herein described tract.

THENCE with fence and the most Easterly South line of said

2,386.785 acre tract, N 88° 40.'00" W, 1,286.66 feet to an angle

point in fence;

THENCE continuing with said fence, N 80°52'14" W, 374.48 feet

to a one-half inch (1/2") iron pin set in fence for the Southwest

corner of this tract;

THENCE through said 2,386.785 acre tract N 16° 00' 36" E.

3,548.79 feet to a one-half inch (1/2") iron pin set on the South

bank of the Guadalupe River, being the Northwest corner of this

tract;

THENCE with the South bank of the Guadalupe River the

following course and distances:

S 73°57'42" E,50.00 feet;

S 80°53'56" E,61.59 feet;

S 75°09'36" E,58.06 feet;

S 66°28'59" E,106.01 feet;

S 74°38'57" E,74.46 feet;

S 69°09'06" E,130.49 feet;

S 55°03'45" E,56.00 feet;

S 56°48'21" E,81.41 feet;

S 49°19'47" E,80.33 feet;

S 66°54'11" E,80.09 feet;

S 52°14'05" E,47.42 feet;

S 55°55'43" E,84.33 feet;

S 50°06'31" E,110.60 feet;

S 42°21'14" E,42.59 feet;

S 46°32'50" E,89.53 feet;

S 88°39'48" E,45.57 feet;

S 37°19'15" E,55.76 feet;

S 50°33'47" E,49.28 feet; and

S 42°37'23" E,166.17 feet to a fence corner on the South Bank

of the Guadalupe River found for and marking an East corner of said

2,386.785 acre tract;

THENCE with fence and the East line of said 2,386.785 acre

tract. S 25° 35'13" W, 926.78 feet to a fence corner;

THENCE continuing with fence and East line of said 2.386.785

acre tract, S 72° 27' 37" W. 150.37 feet to a one-half inch (1/2")

iron pin found at fence corner;

THENCE continuing with fence and the East line of said

2,386.785 acre tract of land. S 00° 09' 44" E, 1,820.72 feet to the

PLACE-OF-BEGINNING end containing 100.00 acres of land, more or

less.

TRACT III

Parcel B

100.00 ACRES

Being 100.00 acres of land out of and a part of the William

Kretzer Survey No. 730, Abstract No. 286, the Paul Richter Survey

No. 21, Abstract No. 664, the Hans Specht Survey No. 733, Abstract

No. 456 and the Hans Specht Survey No. 99, Abstract No. 486, Kendell

County, Texas and being part of a 2,386.785 acre tract of land

described in deed from Donner Corporation to Joan Brown Winter, et

al dated March 1, 1969, recorded in Volume 99, Page 294 through 307

of the Deed Records of Kendall County, Texas and being more

particularly described by metes and bounds as follows:

BEGINNING at a one-half inch (1/2") iron pin set in fence for

the Southeast corner of this tract, being on the most Easterly South

line of said 2,386.785 acre tract of land and being H 88° 52' 14" W,

374.48 feet and N 88° 40' 00" W, 1,286.66 feet along fence from a

fence corner found for the most Easterly Southeast corner of said

2,386.785 acre tract of land.

THENCE with fence and the most Easterly South line of said

2,386.785 acre tract of land as follows:

N 88° 52' 14" W, 204.42 feet;

N 88° 28' 27" W, 705.24 feet;

N 87° 06' 26" W, 689.95 feet; and

N 86° 45' 18" W, 602.13 feet to a one-half inch (1/2") iron pin

found at fence corner;

THENCE continuing with fence and the most Easterly South line

of said 2,386.785 acre tract, N 65° 48' 20" W, 945.71 feet to a

one-half inch (1/2") iron pin at fence corner found for a re-entrant

corner of said 2,386.785 acre tract, being the most Westerly

Southwest corner of this tract;

THENCE through said 2,386.705 acre tract, N 32° 28' 02" E,

1,306.67 feet to a one-half inch (1/2") iron pin set for the

Northeast corner of this tract;

THENCE S 88° 05' 08" E, 2,789.46 feet to a one-half inch (1/2")

iron pin set for the Northeast corner of this tract; being on the

West line of Tract 1 previously described;

THENCE with the West line of Tract 1 previously described, S

16° 00' 36" W, 1,548.60 feet to the PLACE-OF-BEGINNING and

containing 100.00 acres of land, more or less.

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.

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. (a) If this Act does not receive a two-thirds

vote of all the members elected to each house, Subchapter C, Chapter

8484, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 8484.104 to read as follows:

Sec. 8484.104. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a

legislative interpretation of the requirements of Subsection (c),

Section 17, Article I, Texas Constitution.

SECTION 5. 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, 2013.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1869 passed the Senate on

May 2, 2013, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1869 passed the House on

May 20, 2013, by the following vote: Yeas 147, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor