S.B. No. 399
AN ACT
1-1 relating to the validation of the creation of the Siesta Shores
1-2 Water Control and Improvement District and the district's
1-3 administration and operation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITION. In this Act, "district" means the
1-6 Siesta Shores Water Control and Improvement District.
1-7 SECTION 2. VALIDATION AND POWERS. (a) The creation of the
1-8 district and all resolutions, instruments, orders, and other acts
1-9 or attempted acts of the board of directors of the district are
1-10 validated and confirmed in all respects. The creation of the
1-11 district and all resolutions, instruments, orders, and other acts
1-12 or attempted acts of the board of directors of the district are
1-13 valid as though they originally had been legally authorized or
1-14 accomplished.
1-15 (b) The district has all of the rights, powers, privileges,
1-16 authority, functions, and duties provided by the general law of
1-17 this state, including Chapters 50 and 51, Water Code, applicable to
1-18 water control and improvement districts created under Article XVI,
1-19 Section 59, of the Texas Constitution.
1-20 SECTION 3. DISTRICT BOUNDARIES. The district includes all
1-21 of the territory within the following described area:
1-22 BEGINNING at a point on the 307 foot contour line of Falcon Lake at
1-23 Survey Marker 33-A-3 and following the 307 foot line as follows:
1-24 33-A-3 to 33-A-4 South 68 degrees 32' West 433.03 feet;
2-1 33-A-4 to 33-A-5 North 49 degrees 43' West 1304.39 feet;
2-2 33-A-5 to 33-A-6 North 11 degrees 22' East 1062.66 feet;
2-3 33-A-6 to 33-A-7 North 80 degrees 48' West 775.11 feet;
2-4 33-A-7 to 33-A-8 North 48 degrees 56' West 388.75 feet;
2-5 33-A-8 to 33-A-9 North 56 degrees 55' East 1541.13 feet;
2-6 33-A-9 to 33-A-10 North 69 degrees 26' East 578.30 feet;
2-7 33-A-10 to 33-A-11 South 20 degrees 59' East 350.22 feet;
2-8 33-A-11 to 33-A-12 North 82 degrees 17' East 282.72 feet;
2-9 33-A-12 to 33-A-13 North 11 degrees 20' West 564.75 feet;
2-10 33-A-13 to 33-A-14 North 65 degrees 09' West 676.94 feet;
2-11 33-A-14 to 33-A-15 North 16 degrees 15' East 614.78 feet;
2-12 33-A-15 to 33-A-16 South 73 degrees 34' East 501.28 feet;
2-13 33-A-16 to 33-A-17 North 42 degrees 06' East 370.86 feet;
2-14 33-A-17 to 33-A-18 North 80 degrees 25' West 444.39 feet;
2-15 33-A-18 to 33-A-18A North 37 degrees 13' East 177.87 feet;
2-16 THENCE with the north line of Siesta Shores Subdivision between
2-17 points
2-18 33-A-18Ato 33-A-26A North 53 degrees 27' East 3613.02 feet;
2-19 THENCE continuing with the 307 foot line with points
2-20 33-A-26Ato 33-A-27 South 14 degrees 54' West 335.49 feet;
2-21 33-A-27 to 33-A-28 South 40 degrees 45' West 274.61 feet;
2-22 33-A-28 to 33-A-29 South 85 degrees 49' East 523.14 feet;
2-23 33-A-29 to 33-A-30 South 02 degrees 18' East 435.36 feet;
2-24 33-A-30 to 33-A-31 North 50 degrees 17' East 404.61 feet;
2-25 33-A-31 to 33-A-32 North 01 degrees 34' West 501.83 feet;
2-26 33-A-32 to 33-A-33 North 29 degrees 10' East 519.00 feet;
2-27 33-A-33 to 33-A-33 North 62 degrees 53' East 500.75 feet;
3-1 33-A-34 to 33-A-35 North 39 degrees 24' East 386.33 feet;
3-2 33-A-35 to 33-A-36 South 80 degrees 48' East 470.67 feet;
3-3 33-A-36 to 33-A-37 North 28 degrees 33' East 447.56 feet;
3-4 33-A-37 to 33-A-38 North 43 degrees 22' East 450.92 feet;
3-5 33-A-38 to 33-A-39 North 07 degrees 28' East 539.03 feet;
3-6 33-A-39 to 33-A-40 South 77 degrees 23' East 560.61 feet;
3-7 33-A-40 to 33-A-41 North 46 degrees 54' East 585.97 feet;
3-8 33-A-41 to 33-A-42 South 65 degrees 10' East 622.72 feet;
3-9 33-A-42 to 33-A-43 South 06 degrees 11' East 459.14 feet;
3-10 33-A-43 to 33-A-44 South 21 degrees 44' West 348.50 feet;
3-11 33-A-44 to 33-A-45 South 25 degrees 11' East 415.50 feet;
3-12 33-A-45 to 33-A-46 South 71 degrees 56' West 351.31 feet;
3-13 33-A-46 to 33-A-47 South 37 degrees 55' East 406.86 feet;
3-14 33-A-47 to 33-A-48 South 53 degrees 37' West 482.17 feet;
3-15 33-A-48 to 33-A-49 South 73 degrees 47' East 477.00 feet;
3-16 33-A-49 to 33-A-50 South 41 degrees 14' West 506.50 feet;
3-17 33-A-50 to 33-A-51 South 47 degrees 37' East 726.47 feet;
3-18 33-A-51 to 33-A-51A South 11 degrees 10' West 700.71 feet;
3-19 THENCE with the south line of Siesta Shores Subdivision between
3-20 points
3-21 33-A-51Ato 33-A-3A South 53 degrees 43' West 8697.88 feet;
3-22 &33-A-3Ato 33-A-3 South 36 degrees 16' East 14.00 feet
3-23 to the POINT OF BEGINNING, containing within said bounds 802.83
3-24 acres of land, more or less.
3-25 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-26 finds that the boundaries and field notes of the district form a
3-27 closure. If a mistake is made in the field notes or in copying the
4-1 field notes in the legislative process, it in no way affects the
4-2 organization, existence, or validity of the district, the right of
4-3 the district to issue any type of bonds or refunding bonds for the
4-4 purposes for which the district is created or to pay the principal
4-5 of and interest on the bonds, or the right of the district to levy
4-6 and collect assessments or taxes or in any other manner affects the
4-7 legality or operation of the district or its governing body.
4-8 SECTION 5. BOARD OF DIRECTORS. (a) The district is
4-9 governed by a board of five directors.
4-10 (b) Temporary directors serve until the initial directors
4-11 are elected under Section 7 and the initial directors serve until
4-12 permanent directors are elected under that section.
4-13 (c) Permanent directors serve staggered four-year terms.
4-14 (d) Each director must qualify to serve in the manner
4-15 provided by Sections 51.078 and 51.079, Water Code, as appropriate.
4-16 (e) A director serves until the director's successor has
4-17 qualified.
4-18 SECTION 6. TEMPORARY DIRECTORS. (a) On the effective date
4-19 of this Act, the temporary board of directors of the district is
4-20 composed of the following persons:
4-21 (1) Lawrence F. Link;
4-22 (2) Ramiro Garcia;
4-23 (3) Danilea Diette;
4-24 (4) Edmundo Martinez; and
4-25 (5) David Tiesdale.
4-26 (b) If a temporary director fails to qualify for office, the
4-27 temporary directors who have qualified shall appoint a person to
5-1 fill the vacancy. If at any time there are fewer than three
5-2 qualified temporary directors, the Texas Natural Resource
5-3 Conservation Commission shall appoint the necessary number of
5-4 persons to fill all vacancies on the board.
5-5 SECTION 7. ELECTION OF DIRECTORS. (a) The temporary board
5-6 of directors shall call and hold an election to elect five
5-7 individuals to the initial board of directors. The election shall
5-8 be held on the first uniform election date practicable after the
5-9 effective date of this Act.
5-10 (b) The three initial directors receiving the greatest
5-11 number of votes serve as directors for terms expiring the second
5-12 Saturday in August, 1996, and the other two directors serve terms
5-13 expiring the second Saturday in August, 1994.
5-14 (c) After the election of the initial board of directors, an
5-15 election shall be held on the second Saturday in August of each
5-16 even-numbered year to elect the appropriate number of directors.
5-17 SECTION 8. TRANSITION PROVISION. The reference in Section 6
5-18 of this Act to the Texas Natural Resource Conservation Commission
5-19 means the Texas Water Commission until the name of the Texas Water
5-20 Commission is changed to the Texas Natural Resource Conservation
5-21 Commission as provided by Section 1.085, Chapter 3, Acts of the
5-22 72nd Legislature, 1st Called Session, 1991.
5-23 SECTION 9. EMERGENCY. The importance of this legislation
5-24 and the crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
5-27 days in each house be suspended, and this rule is hereby suspended,
6-1 and that this Act take effect and be in force from and after its
6-2 passage, and it is so enacted.