By Hightower                                          H.B. No. 3314

         75R9438 MI-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the conversion of Polk County Fresh Water Supply

 1-3     District No. 2 into a municipal utility district and confirming the

 1-4     boundaries and directors of the district.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  CONVERSION OF DISTRICT.  Polk County Fresh Water

 1-7     Supply District No. 2, created under the authority of Chapter 53,

 1-8     Water Code, is hereby converted to a municipal utility district

 1-9     acting under Chapter 54, Water Code, and has the rights, powers,

1-10     privileges, authority, and functions conferred by Chapter 54, Water

1-11     Code, except as provided by this Act.  The district may not

1-12     exercise any authority with regard to fire-fighting or to municipal

1-13     solid waste disposal.

1-14           SECTION 2.  DISTRICT NAME.  The name of the district remains

1-15     the same but may be changed by a majority of the board of directors

1-16     acting in an open meeting for which proper notice has been given.

1-17           SECTION 3.  BOUNDARIES.  The boundaries of Polk County Fresh

1-18     Water Supply District No. 2 are hereby confirmed as follows:

1-19     BEGINNING at a point in the A.M. De La Jarza Survey A-43 on the

1-20     shoreline of Lake Livingston, said point having a State Plane

1-21     co-ordinate of Y=459,067.61, X=3,631,144.58;

1-22     THENCE, N 57 51' 38" E, a distance to a point intersecting the west

1-23     boundary line of the 695.13 acre tract described in the deed to

1-24     James A. McAlister, Trustee for 711 LTD recorded in Volume 279,

 2-1     Page 892, of the Polk County Deed Records;

 2-2     THENCE, along the boundary line of the said McAlister 695.13 acre

 2-3     tract, (more particularly described in the Deed of Trust Records,

 2-4     Volume 104, Page 226-234 of Polk County Records) being the boundary

 2-5     line of the Polk County Fresh Water Supply District No. 2 as

 2-6     amended according to the Minutes of the Annexation Meeting of

 2-7     December 15, 1981, of Polk County Fresh Water Supply District No.

 2-8     2, in a clockwise direction for several courses to it's

 2-9     intersection with the Trinity River Authority Lake Livingston "Fee

2-10     Take" line, being the Northeast corner of the original Polk County

2-11     Fresh Water Supply District No. 2 boundary as set forth in that

2-12     certain Polk County Commissioners Court Minutes dated January 26,

2-13     1976, and recorded in Volume 22, Page 11-15 of the Records of Polk

2-14     County, Texas; said point having a State Plane co-ordinate of

2-15     Y=469,284.55, X=3,647,407.03;

2-16     THENCE,  in a southerly direction with the meanders of the "Fee

2-17     Take" line of Lake Livingston around a peninsula commonly called

2-18     the Onalaska Peninsula to the point of beginning, the above to

2-19     exclude the Area dedicated and named Stowaway Bay as described in

2-20     the Plat Records of Polk County, Texas, and also excludes the Area

2-21     dedicated and named Canyon Park as described in the Plat Records of

2-22     Polk County, Texas, with the exception of those certain partials of

2-23     land located in the Canyon Park Subdivision and located along and

2-24     adjacent to FM 356, North Highway and described as:

2-25                 Section 4, Lot 11, as described in the Plat Records

2-26                 Book 7, Page 27 of Polk County, Texas; and

2-27                 Section 2, Lot 13; and Section 2, Lots 14, 15, and 16

 3-1                 as described in the Plat Records Book 7, Page 2 of Polk

 3-2                 County, Texas, which shall be included within the

 3-3                 boundaries of the Polk County Fresh Water Supply

 3-4                 District No. 2

 3-5           all of the foregoing land being encompassed within the

 3-6           boundaries of Polk County Fresh Water Supply District No. 2.

 3-7     This confirmation of boundaries does not enlarge or diminish the

 3-8     district as it exists and includes the property in the district

 3-9     that is being served or taxed on September 1, 1997.

3-10           SECTION 4.  DIRECTORS.  A director of the district serving on

3-11     August 31, 1997, is a director of the converted district on

3-12     September 1, 1997, and shall serve until the term for which the

3-13     director was elected expires.

3-14           SECTION 5.  EFFECTIVE DATE.  This Act takes effect September

3-15     1, 1997.

3-16           SECTION 6.  EMERGENCY.  The importance of this legislation

3-17     and the crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.