AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Pine Island Bayou Stormwater
1-3 Control District; granting the authority to issue bonds and impose
1-4 taxes; granting the power of eminent domain.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A
1-7 conservation and reclamation district to be known as the Pine
1-8 Island Bayou Stormwater Control District is created in Hardin,
1-9 Jefferson, and Liberty counties, subject to approval at a
1-10 confirmation election under Section 10 of this Act. The district
1-11 is a governmental agency and a body politic and corporate.
1-12 (b) The district is created under and is essential to the
1-13 accomplishment of the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Pine Island Bayou Stormwater Control District.
1-17 SECTION 3. BOUNDARIES. (a) The district includes all of
1-18 the territory contained in the following described area:
1-19 BEING 446,912 acres of land lying in Jefferson County, Texas,
1-20 Hardin County, Texas and Liberty County, Texas and being described
1-21 by metes and bounds as follows;
1-22 BEGINNING at the intersection of State Highway 326, also known as
1-23 FM 365, and the Southern Pacific Railroad right-of-way, just east
2-1 of Nome, Texas in Jefferson County, Texas;
2-2 THENCE North 8150'East, with said Southern Pacific Railroad
2-3 right-of-way an approximate distance of 18651 feet to a point at
2-4 the intersection of said Southern Pacific Railroad right-of-way and
2-5 the Lower Neches Valley Authority Canal;
2-6 THENCE with said Lower Neches Valley Authority Canal the following
2-7 forty-four (44) courses and distances;
2-8 (1) North 2330' East, an approximate distance of 537 feet to a
2-9 point,
2-10 (2) North 4631' East, an approximate distance of 711 feet to a
2-11 point,
2-12 (3) North 0701' East, an approximate distance of 378 feet to a
2-13 point,
2-14 (4) North 2211' West, an approximate distance of 687 feet to a
2-15 point,
2-16 (5) North 0630' East, an approximate distance of 558 feet to a
2-17 point,
2-18 (6) North 3113' West, an approximate distance of 458 feet to a
2-19 point,
2-20 (7) North 2049' West, an approximate distance of 1143 feet to a
2-21 point,
2-22 (8) North 2154' East, an approximate distance of 1235 feet to a
2-23 point,
2-24 (9) North 6357' East, an approximate distance of 1065 feet to a
2-25 point,
3-1 (10) South 8816' East, an approximate distance of 1021 feet to a
3-2 point,
3-3 (11) South 7119' East, an approximate distance of 1181 feet to a
3-4 point,
3-5 (12) South 8926' East, an approximate distance of 883 feet to a
3-6 point,
3-7 (13) North 4501' East, an approximate distance of 3054 feet to a
3-8 point,
3-9 (14) North 3615' East, an approximate distance of 3448 feet to a
3-10 point,
3-11 (15) North 6013' East, an approximate distance of 3637 feet to a
3-12 point,
3-13 (16) North 8506' East, an approximate distance of 5218 feet to a
3-14 point,
3-15 (17) North 5433' East, an approximate distance of 1125 feet to a
3-16 point,
3-17 (18) North 2720' East, an approximate distance of 3463 feet to a
3-18 point,
3-19 (19) North 4039' East, an approximate distance of 1715 feet to a
3-20 point,
3-21 (20) North 6543' East, an approximate distance of 2766 feet to a
3-22 point,
3-23 (21) North 5017' East, an approximate distance of 822 feet to a
3-24 point,
3-25 (22) North 4159' East, an approximate distance of 880 feet to a
4-1 point,
4-2 (23) South 8935' East, an approximate distance of 1495 feet to a
4-3 point,
4-4 (24) North 7726' East, an approximate distance of 1821 feet to a
4-5 point,
4-6 (25) South 8035' East, an approximate distance of 1372 feet to a
4-7 point,
4-8 (26) South 5217' East, an approximate distance of 474 feet to a
4-9 point,
4-10 (27) South 2926' East, an approximate distance of 778 feet to a
4-11 point,
4-12 (28) South 5444' East, an approximate distance of 557 feet to a
4-13 point,
4-14 (29) South 8304' East, an approximate distance of 977 feet to a
4-15 point,
4-16 (30) North 7706' East, an approximate distance of 434 feet to a
4-17 point,
4-18 (31) North 5607' East, an approximate distance of 196 feet to a
4-19 point,
4-20 (32) North 5454' East, an approximate distance of 4105 feet to a
4-21 point,
4-22 (33) South 8303' East, an approximate distance of 673 feet to a
4-23 point,
4-24 (34) North 7652' East, an approximate distance of 1144 feet to a
4-25 point,
5-1 (35) South 7701' East, an approximate distance of 4006 feet to a
5-2 point,
5-3 (36) North 8033' East, an approximate distance of 3136 feet to a
5-4 point,
5-5 (37) North 5102' East, an approximate distance of 1401 feet to a
5-6 point,
5-7 (38) North 6723' East, an approximate distance of 1924 feet to a
5-8 point,
5-9 (39) North 2751' East, an approximate distance of 4282 feet to a
5-10 point,
5-11 (40) North 4344' East, an approximate distance of 2614 feet to a
5-12 point,
5-13 (41) North 4234' East, an approximate distance of 9103 feet to a
5-14 point,
5-15 (42) North 3440' East, an approximate distance of 8178 feet to a
5-16 point,
5-17 (43) North 2204' East, an approximate distance of 2126 feet to a
5-18 point, and
5-19 (44) North 0804' East, an approximate distance of 961 feet to a
5-20 point at the intersection of said Lower Neches Valley Authority
5-21 Canal and Pine Island Bayou, also being the Jefferson and Hardin
5-22 County line;
5-23 THENCE North 0156' West, across the marsh an approximate distance
5-24 of 8395 feet to a point in the center of a County Road running
5-25 north and south;
6-1 THENCE North 0019' West, with said County Road an approximate
6-2 distance of 684 feet to a point,
6-3 THENCE North 0014' East, across the marsh an approximate distance
6-4 of 12367 feet to a point in the center of a slough road;
6-5 THENCE with said slough road the following six (6) courses and
6-6 distances;
6-7 (1) South 8931' West, an approximate distance of 4299 feet to a
6-8 point,
6-9 (2) South 6939' West, an approximate distance of 343 feet to a
6-10 point,
6-11 (3) North 7202' West, an approximate distance of 294 feet to a
6-12 point,
6-13 (4) North 8848' West, an approximate distance of 674 feet to a
6-14 point,
6-15 (5) North 6740' West, an approximate distance of 194 feet to a
6-16 point, and
6-17 (6) South 8836' West, an approximate distance of 178 feet to a
6-18 point in the center of County Road, running north and south, in
6-19 Woodcrest Acres;
6-20 THENCE North 0028' West, with said County Road an approximate
6-21 distance of 1033 feet to a point at the intersection of said County
6-22 Road with a County Road, running east and west, in said Woodcrest
6-23 Acres;
6-24 THENCE North 8946' West, with said County Road an approximate
6-25 distance of 398 feet to a point at the intersection of said County
7-1 Road with a County Road, running north and south in said Woodcrest
7-2 Acres,
7-3 THENCE with said County Road the following four (4) courses and
7-4 distances;
7-5 (1) North 0130' East, an approximate distance of 472 feet to a
7-6 point,
7-7 (2) North 8929' West, an approximate distance of 1595 feet to a
7-8 point,
7-9 (3) North 0031' East, an approximate distance of 424 feet to a
7-10 point, and
7-11 (4) North 8153' West, an approximate distance of 151 feet to a
7-12 point at the intersection of said County Road with a County Road
7-13 running north and south;
7-14 THENCE with said County Road the following seventeen (17) courses
7-15 and distances;
7-16 (1) North 1227' West, an approximate distance of 446 feet to a
7-17 point,
7-18 (2) North 0730' West, an approximate distance of 602 feet to a
7-19 point,
7-20 (3) North 1228' East, an approximate distance of 1411 feet to a
7-21 point,
7-22 (4) North 4343' West, an approximate distance of 106 feet to a
7-23 point,
7-24 (5) North 1439' East, an approximate distance of 598 feet to a
7-25 point,
8-1 (6) North 0040' East, an approximate distance of 800 feet to a
8-2 point,
8-3 (7) North 1923' East, an approximate distance of 173 feet to a
8-4 point,
8-5 (8) North 2438' West, an approximate distance of 400 feet to a
8-6 point,
8-7 (9) North 2405' East, an approximate distance of 1610 feet to a
8-8 point,
8-9 (10) North 1748' East, an approximate distance of 500 feet to a
8-10 point,
8-11 (11) North 0028' West, an approximate distance of 1969 feet to a
8-12 point,
8-13 (12) North 8911' West, an approximate distance of 2631 feet to a
8-14 point,
8-15 (13) North 0115' West, an approximate distance of 671 feet to a
8-16 point,
8-17 (14) North 4530' West, an approximate distance of 246 feet to a
8-18 point,
8-19 (15) North 1641' West, an approximate distance of 420 feet to a
8-20 point,
8-21 (16) North 3813' West, an approximate distance of 299 feet to a
8-22 point, and
8-23 (17) North 7537' West, an approximate distance of 298 feet to a
8-24 point at the intersection of said County Road with a County Road
8-25 running north and south, being also the Corporation limit of
9-1 Lumberton, Texas;
9-2 THENCE South 0134' West, with said County Road and said Corporation
9-3 limit of Lumberton, Texas, an approximate distance of 1347 feet to
9-4 a point at the intersection of said County Road and a County Road
9-5 running east and west;
9-6 THENCE North 8942' West, with said County Road an approximate
9-7 distance of 2699 feet to a point at the intersection of said County
9-8 Road and US Highway 96;
9-9 THENCE North 0806' West, with said US Highway 96, an approximate
9-10 distance of 1150 feet to a point at the intersection of said US
9-11 Highway 96 and a County Road running east and west;
9-12 THENCE North 8920' West, with said County Road an approximate
9-13 distance of 2327 feet to a point on the Corporation Limit of
9-14 Lumberton, Texas;
9-15 THENCE with said Corporation Limit of said Lumberton, Texas, the
9-16 following two (2) courses and distances;
9-17 (1) North 0040' East, an approximate distance of 1649 feet to a
9-18 point, and
9-19 (2) South 8452' West, an approximate distance of 4888 feet to a
9-20 point in the center of US Highway 69 & 287;
9-21 THENCE North 2626' West, with the center of said US Highway 69 &
9-22 287, an approximate distance of 11464 feet to a point at the
9-23 intersection of said US Highway 69 & 287 and a County Road running
9-24 east and west;
9-25 THENCE South 8910' West, with said County Road, an approximate
10-1 distance of 2582 feet to a point at the intersection of said County
10-2 Road and a County Road running north and south;
10-3 THENCE with said County Road the following six (6) courses and
10-4 distances;
10-5 (1) North 0229' West, an approximate distance of 349 feet to a
10-6 point,
10-7 (2) North 1138' West, an approximate distance of 789 feet to a
10-8 point,
10-9 (3) North 0517' West, an approximate distance of 527 feet to a
10-10 point,
10-11 (4) North 1802' East, an approximate distance of 358 feet to a
10-12 point,
10-13 (5) North 4100' East, an approximate distance of 388 feet to a
10-14 point, and
10-15 (6) North 6407' East, an approximate distance of 1185 feet to a
10-16 point at the intersection of said County Road and US Highway 69 &
10-17 287;
10-18 THENCE with said US Highway 69 & 287 the following three (3)
10-19 courses and distance;
10-20 (1) North 2623' West, an approximate distance of 10315 feet to a
10-21 point,
10-22 (2) North 3945' West, an approximate distance of 785 feet to a
10-23 point, and
10-24 (3) North 5043' West, an approximate distance of 3855 feet to a
10-25 point at the intersection of said US Highway 69 & 287 and a County
11-1 Road running east and west;
11-2 THENCE with said County Road the following two (2) courses and
11-3 distances;
11-4 (1) South 7958' West, an approximate distance of 169 feet to a
11-5 point, and
11-6 (2) North 8958' West, an approximate distance of 4208 feet to a
11-7 point;
11-8 THENCE cross country the following three (3) courses and distances;
11-9 (1) South 0030' West, an approximate distance of 890 feet to a
11-10 point,
11-11 (2) South 1743' West, an approximate distance of 2368 feet to a
11-12 point in the center of an abandoned railroad right-of-way, and
11-13 (3) South 5141' West, an approximate distance of 2556 feet to a
11-14 point at the intersection of a dirt road and a County Road running
11-15 north and south;
11-16 THENCE with said County Road the following five (5) courses and
11-17 distances;
11-18 (1) South 0158' East, an approximate distance of 425 feet to a
11-19 point,
11-20 (2) South 0354' East, an approximate distance of 633 feet to a
11-21 point,
11-22 (3) South 0349' East, an approximate distance of 450 feet to a
11-23 point,
11-24 (4) South 0440' West, an approximate distance of 367 feet to a
11-25 point, and
12-1 (5) South 1125' West, an approximate distance of 782 feet to a
12-2 point at the intersection of said County Road and a County Road
12-3 running east and west;
12-4 THENCE North 8858' West, with said County Road an approximate
12-5 distance of 5212 feet to a point at the intersection of said County
12-6 Road and a County Road running north and south;
12-7 THENCE South 0008' East, with said County Road an approximate
12-8 distance of 1231 feet to a point at the intersection of said County
12-9 Road and a County Road running east and west;
12-10 THENCE with said County Road the following ten (10) courses and
12-11 distances;
12-12 (1) South 8955' West, an approximate distance of 2051 feet to a
12-13 point,
12-14 (2) South 3214' West, an approximate distance of 682 feet to a
12-15 point,
12-16 (3) South 4518' West, an approximate distance of 263 feet to a
12-17 point,
12-18 (4) South 7847' West, an approximate distance of 217 feet to a
12-19 point,
12-20 (5) North 8233' West, an approximate distance of 2700 feet to a
12-21 point,
12-22 (6) South 8536' West, an approximate distance of 812 feet to a
12-23 point,
12-24 (7) North 7640' West, an approximate distance of 323 feet to a
12-25 point,
13-1 (8) North 6955' West, an approximate distance of 3012 feet to a
13-2 point,
13-3 (9) North 6135' West, an approximate distance of 2101 feet to a
13-4 point, and
13-5 (10) North 6809' West, an approximate distance of 3318 feet to a
13-6 point at the intersection of said County Road and State Highway 326
13-7 at the town of Little Rock, Texas in Hardin County;
13-8 THENCE South 1442' West, with said State Highway 326 an approximate
13-9 distance of 1625 feet to a point at the intersection of said State
13-10 Highway 326 and a County Road running east and west, and being at
13-11 the easterly edge of the Big Thicket National Preserve;
13-12 THENCE with the center of said County Road and across said Big
13-13 Thicket National Preserve; the following two (2) courses and
13-14 distance;
13-15 (1) South 8107' West, an approximate distance of 1869 feet to a
13-16 point, and
13-17 (2) South 7829' West, an approximate distance of 708 feet to a
13-18 point;
13-19 THENCE cross country the following twenty-five courses and
13-20 distances;
13-21 (1) North 7235' West, an approximate distance of 10961 feet to a
13-22 point,
13-23 (2) South 5216' West, an approximate distance of 9957 feet to a
13-24 point,
13-25 (3) South 4528' West, an approximate distance of 6763 feet to a
14-1 point,
14-2 (4) South 0700' West, an approximate distance of 4458 feet to a
14-3 point between two pipelines at a pumping station,
14-4 (5) North 6252' West, an approximate distance of 4306 feet to a
14-5 point,
14-6 (6) South 8232' West, an approximate distance of 7721 feet to a
14-7 point,
14-8 (7) South 8500' West, an approximate distance of 3546 feet to a
14-9 point,
14-10 (8) North 7847' West, an approximate distance of 1494 feet to a
14-11 point,
14-12 (9) South 7639' West, an approximate distance of 1756 feet to a
14-13 point,
14-14 (10) North 3405' West, an approximate distance of 3872 feet to a
14-15 point,
14-16 (11) North 4855' West, an approximate distance of 4825 feet to a
14-17 point,
14-18 (12) North 4547' West, an approximate distance of 3296 feet to a
14-19 point,
14-20 (13) North 5057' West, an approximate distance of 3685 feet to a
14-21 point,
14-22 (14) North 2745' West, an approximate distance of 5948 feet to a
14-23 point,
14-24 (15) North 4914' West, an approximate distance of 2627 feet to a
14-25 point in the center of State Highway 787,
15-1 (16) North 2504' West, an approximate distance of 3076 feet to a
15-2 point,
15-3 (17) North 5550' West, an approximate distance of 4073 feet to a
15-4 point,
15-5 (18) North 5011' West, an approximate distance of 2655 feet to a
15-6 point on knoll,
15-7 (19) North 6702' West, an approximate distance of 3413 feet to a
15-8 point in a pond,
15-9 (20) North 2353' West, an approximate distance of 2150 feet to a
15-10 point in the middle of Griffin Pond,
15-11 (21) North 7559' West, an approximate distance of 911 feet to a
15-12 point,
15-13 (22) North 1659' East, an approximate distance of 1854 feet to a
15-14 point,
15-15 (23) North 4329' East, an approximate distance of 810 feet to a
15-16 point,
15-17 (24) North 3132' East, an approximate distance of 2083 feet to a
15-18 point, and
15-19 (25) North 0640' West, an approximate distance of 874 feet to a
15-20 point in the center of a pipeline alley,
15-21 THENCE North 4545' West, with said pipeline alley an approximate
15-22 distance of 2604 feet to a point;
15-23 THENCE cross country the following three (3) courses and distance;
15-24 (1) North 1947' East, an approximate distance of 9588 feet to a
15-25 point in the middle of Peach Pond,
16-1 (2) North 4923' East, an approximate distance of 3362 feet to a
16-2 point in the middle of a dirt road, and
16-3 (3) North 3934' East, an approximate distance of 759 feet to a
16-4 point in the center of a County Road running north and south;
16-5 THENCE with said County Road the following five (5) courses and
16-6 distances;
16-7 (1) North 0731' West, an approximate distance of 4277 feet to a
16-8 point,
16-9 (2) North 0742' West, an approximate distance of 1194 feet to a
16-10 point,
16-11 (3) North 1754' West, an approximate distance of 311 feet to a
16-12 point,
16-13 (4) North 3639' West, an approximate distance of 305 feet to a
16-14 point at Bragg in the center of a railroad right-of-way, and
16-15 (5) North 0347' West, an approximate distance of 555 feet to a
16-16 point;
16-17 THENCE cross country the following sixteen (16) courses and
16-18 distances;
16-19 (1) North 2220' East, an approximate distance of 2642 feet to a
16-20 point in the center of a United Gas Pipeline right-of-way,
16-21 (2) North 2035' East, an approximate distance of 2549 feet to a
16-22 point at the end of a four wheel drive trail,
16-23 (3) North 2129' West, an approximate distance of 2574 feet to a
16-24 point in the center of a dirt road,
16-25 (4) North 4134' West, an approximate distance of 1414 feet to a
17-1 point,
17-2 (5) North 3921' West, an approximate distance of 1182 feet to a
17-3 point,
17-4 (6) North 3236' West, an approximate distance of 703 feet to a
17-5 point,
17-6 (7) North 1738' West, an approximate distance of 938 feet to a
17-7 point in the center of a dirt road,
17-8 (8) North 0237' East, an approximate distance of 745 feet to a
17-9 point at the intersection of two dirt roads,
17-10 (9) North 3021' West, an approximate distance of 2866 feet to a
17-11 point,
17-12 (10) South 8328' West, an approximate distance of 1616 feet to a
17-13 point in the center of a dirt road,
17-14 (11) North 2503' West, an approximate distance of 1447 feet to a
17-15 point in the center of a dirt road,
17-16 (12) North 1116' West, an approximate distance of 2807 feet to a
17-17 point,
17-18 (13) North 0636' West, an approximate distance of 879 feet to a
17-19 point,
17-20 (14) North 5253' West, an approximate distance of 1783 feet to a
17-21 point in the center of a dirt road,
17-22 (15) North 1406' West, an approximate distance of 2466 feet to a
17-23 point at the end of a dirt road, and
17-24 (16) North 2134' West, an approximate distance of 3051 feet to a
17-25 point on the Hardin and Polk County line;
18-1 THENCE South 8843' West, with said Hardin and Polk County Line an
18-2 approximate distance of 21649 feet to a point;
18-3 THENCE South 0655' West, cross country an approximate distance of
18-4 3483 feet to a point in the center of a dirt road;
18-5 THENCE with said dirt road the following three (3) courses and
18-6 distances;
18-7 (1) South 8746' West, an approximate distance of 836 feet to a
18-8 point,
18-9 (2) South 8902' West, an approximate distance of 1353 feet to a
18-10 point, and
18-11 (3) South 5705' West, an approximate distance of 250 feet to a
18-12 point in the center of State Highway 2798;
18-13 THENCE cross country the following sixteen (16) courses and
18-14 distances;
18-15 (1) South 7654' West, an approximate distance of 1945 feet to a
18-16 point,
18-17 (2) North 8330' West, an approximate distance of 1943 feet to a
18-18 point,
18-19 (3) South 7232' West, an approximate distance of 1095 feet to a
18-20 point,
18-21 (4) South 4207' West, an approximate distance of 1565 feet to a
18-22 point,
18-23 (5) South 1907' West, an approximate distance of 3644 feet to a
18-24 point,
18-25 (6) South 4113' West, an approximate distance of 1025 feet to a
19-1 point in the center of a United Gas Pipeline right-of-way,
19-2 (7) South 0926' West, an approximate distance of 1466 feet to a
19-3 point,
19-4 (8) South 5525' West, an approximate distance of 1276 feet to a
19-5 point,
19-6 (9) South 1447' West, an approximate distance of 1310 feet to a
19-7 point,
19-8 (10) South 2100' West, an approximate distance of 2002 feet to a
19-9 point,
19-10 (11) South 0605' East, an approximate distance of 1453 feet to a
19-11 point in the center of a dirt road,
19-12 (12) South 3629' West, an approximate distance of 1921 feet to a
19-13 point,
19-14 (13) South 4008' West, an approximate distance of 2577 feet to a
19-15 point in the center of a United Gas Pipeline right-of-way at its
19-16 intersection with the Liberty and Hardin County lines,
19-17 (14) South 5004' West, an approximate distance of 8080 feet to a
19-18 point,
19-19 (15) South 1356' West, an approximate distance of 5363 feet to a
19-20 point, and
19-21 (16) South 2734' West, an approximate distance of 438 feet to a
19-22 point in the center of a dirt road running north and south;
19-23 THENCE with said dirt road the following seven (7) courses and
19-24 distances;
19-25 (1) South 0800' East, an approximate distance of 320 feet to a
20-1 point,
20-2 (2) South 0126' West, an approximate distance of 3332 feet to a
20-3 point,
20-4 (3) South 0106' West, an approximate distance of 3534 feet to a
20-5 point,
20-6 (4) South 0127' West, an approximate distance of 3967 feet to a
20-7 point,
20-8 (5) South 0126' West, an approximate distance of 5841 feet to a
20-9 point,
20-10 (6) South 2647' West, an approximate distance of 340 feet to a
20-11 point, and
20-12 (7) South 5938' West, an approximate distance of 593 feet to a
20-13 point,
20-14 THENCE cross country the following three (3) courses and distances;
20-15 (1) South 2649' East, an approximate distance of 5475 feet to a
20-16 point at the intersection of two dirt roads,
20-17 (2) South 2232' West, an approximate distance of 4565 feet to a
20-18 point, and
20-19 (3) South 3758' West, an approximate distance of 7095 feet to a
20-20 point at the intersection of State Highway 146 and a dirt road;
20-21 THENCE South 0329' East, with said State Highway 146 an approximate
20-22 distance of 6509 feet to a point at the intersection of said State
20-23 Highway 146 and a United Gas Pipeline right-of-way;
20-24 THENCE cross country the following four (4) courses and distances;
20-25 (1) South 4721' East, an approximate distance of 1225 feet to a
21-1 point,
21-2 (2) South 5617' East, an approximate distance of 4303 feet to a
21-3 point at the end of a four wheel drive trail,
21-4 (3) South 0513' East, an approximate distance of 8752 feet to a
21-5 point,
21-6 (4) South 0034' West, an approximate distance of 1992 feet to a
21-7 point in the center of a dirt road;
21-8 THENCE South 6532' West, with the center of said dirt road an
21-9 approximate distance of 135 feet to a point at the intersection of
21-10 said dirt road and a United Gas Pipeline right-of-way;
21-11 THENCE with said United Gas Pipeline right-of-way the following two
21-12 (2) courses and distances;
21-13 (1) South 0058' West, an approximate distance of 2778 feet to a
21-14 point, and
21-15 (2) South 0009' West, an approximate distance of 2004 feet to a
21-16 point in the center of State Highway 162;
21-17 THENCE South 8919' West, with the center of said State Highway 162
21-18 an approximate distance of 3344 feet to a point at the intersection
21-19 of said State Highway 162 and State Highway 146;
21-20 THENCE with the center of said State Highway 146 the following four
21-21 (4) courses and distances;
21-22 (1) South 1155' East, an approximate distance of 1169 feet to a
21-23 point,
21-24 (2) South 0625' East, an approximate distance of 732 feet to a
21-25 point,
22-1 (3) South 0118' East, an approximate distance of 1748 feet to a
22-2 point, and
22-3 (4) South 0011' West, an approximate distance of 1809 feet to a
22-4 point;
22-5 THENCE cross country the following five (5) courses and distances;
22-6 (1) North 8942' East, an approximate distance of 2560 feet to a
22-7 point,
22-8 (2) South 0006' West, an approximate distance of 1532 feet to a
22-9 point,
22-10 (3) South 8906' West, an approximate distance of 978 feet to a
22-11 point,
22-12 (4) South 0151' East, an approximate distance of 1215 feet to a
22-13 point in the center of a dirt road, and
22-14 (5) South 8818' West, an approximate distance of 1969 feet to a
22-15 point in the center of State Highway 146;
22-16 THENCE with the center of said State Highway 146 the following
22-17 three (3) courses and distances;
22-18 (1) South 1342' West, an approximate distance of 2442 feet to a
22-19 point,
22-20 (2) South 0949' West, an approximate distance of 880 feet to a
22-21 point, and
22-22 (3) South 0915' West, an approximate distance of 1461 feet to a
22-23 point at the intersection of said State Highway 146 and a County
22-24 Road running east and west;
22-25 THENCE North 8917' East, with said County Road an approximate
23-1 distance of 2014 feet to a point;
23-2 THENCE cross country the following seven courses and distances;
23-3 (1) South 2858' West, an approximate distance of 1763 feet to a
23-4 point,
23-5 (2) South 0932' East, an approximate distance of 3058 feet to a
23-6 point,
23-7 (3) South 0500' West, an approximate distance of 1715 feet to a
23-8 point,
23-9 (4) South 8917' East, an approximate distance of 1097 feet to a
23-10 point,
23-11 (5) South 0004' West, an approximate distance of 499 feet to a
23-12 point,
23-13 (6) South 0042' West, an approximate distance of 2611 feet to a
23-14 point, and
23-15 (7) South 3304' West, an approximate distance of 3583 feet to a
23-16 point at the intersection of State Highway 146 and a County Road
23-17 running east and west;
23-18 THENCE South 8944' West, with said County Road an approximate
23-19 distance of 603 feet to a point at the intersection of said County
23-20 Road and the western most Corporation Limits of Hardin, Texas;
23-21 THENCE with said western most Corporation Limits of Hardin, Texas
23-22 the following two (2) courses and distances;
23-23 (1) South 1115' East, an approximate distance of 2980 feet to a
23-24 point, and
23-25 (2) South 0130' East, an approximate distance of 4636 feet to a
24-1 point in the center of State Highway 834;
24-2 THENCE South 8922' West, with the center of said State Highway 834
24-3 an approximate distance of 331 feet to a point at the intersection
24-4 of said State Highway 8634 and a County Road running north and
24-5 south;
24-6 THENCE South 0556' East, with said County Road an approximate
24-7 distance of 1745 feet to a point at the intersection of said County
24-8 Road and a County Road running east and west;
24-9 THENCE South 8817' East, with said County Road an approximate
24-10 distance of 863 feet to a point at the intersection of said County
24-11 Road and the center of State Highway 146;
24-12 THENCE South 0209' East, with said State Highway 146 an approximate
24-13 distance of 3222 feet to a point at the intersection of said State
24-14 Highway 146 and a County Road running east and west;
24-15 THENCE with said County Road the following three (3) courses and
24-16 distances;
24-17 (1) South 8923' East, an approximate distance of 819 feet to a
24-18 point,
24-19 (2) North 0127' East, an approximate distance of 210 feet to a
24-20 point, and
24-21 (3) North 8925' East, an approximate distance of 679 feet to a
24-22 point at the intersection of said County Road and a County Road
24-23 running north and south;
24-24 THENCE with said County Road the following four (4) courses and
24-25 distances;
25-1 (1) South 1329' East, an approximate distance of 218 feet to a
25-2 point,
25-3 (2) South 1518' East, an approximate distance of 1361 feet to a
25-4 point,
25-5 (3) South 0200' West, an approximate distance of 2055 feet to a
25-6 point, and
25-7 (4) South 1318' West, an approximate distance of 1033 feet to a
25-8 point;
25-9 THENCE South 8708' East, cross country an approximate distance of
25-10 2267 feet to a point at the end of a dirt road;
25-11 THENCE with said dirt road the following nine (9) courses and
25-12 distances;
25-13 (1) South 1356' East, an approximate distance of 415 feet to a
25-14 point,
25-15 (2) South 1059' East, an approximate distance of 539 feet to a
25-16 point,
25-17 (3) South 2044' East, an approximate distance of 679 feet to a
25-18 point,
25-19 (4) South 0945' East, an approximate distance of 412 feet to a
25-20 point,
25-21 (5) South 0447' East, an approximate distance of 360 feet to a
25-22 point,
25-23 (6) South 0426' West, an approximate distance of 276 feet to a
25-24 point,
25-25 (7) South 8416' West, an approximate distance of 206 feet to a
26-1 point,
26-2 (8) South 0207' West, an approximate distance of 976 feet to a
26-3 point, and
26-4 (9) South 0230' West, an approximate distance of 1893 feet to a
26-5 point;
26-6 THENCE cross country the following nine (9) courses and distances;
26-7 (1) South 0211' West, an approximate distance of 1576 feet to a
26-8 point,
26-9 (2) North 8816' West, an approximate distance of 584 feet to a
26-10 point,
26-11 (3) South 0106' West, an approximate distance of 6221 feet to a
26-12 point,
26-13 (4) South 4737' East, an approximate distance of 2795 feet to a
26-14 point,
26-15 (5) South 7833' East, an approximate distance of 1570 feet to a
26-16 point,
26-17 (6) South 2434' East, an approximate distance of 1009 feet to a
26-18 point,
26-19 (7) South 1428' East, an approximate distance of 1937 feet to a
26-20 point,
26-21 (8) North 7811' East, an approximate distance of 1412 feet to a
26-22 point, and
26-23 (9) South 8457' East, an approximate distance of 1766 feet to a
26-24 point in the center of State Highway 2830;
26-25 THENCE with the center of said State Highway 2830 the following
27-1 five (5) courses and distances;
27-2 (1) South 2211' East, an approximate distance of 686 feet to a
27-3 point,
27-4 (2) South 1918' East an approximate distance of 554 feet to a
27-5 point,
27-6 (3) South 1114' East an approximate distance of 680 feet to a
27-7 point,
27-8 (4) South 0450' West an approximate distance of 975 feet to a
27-9 point, and
27-10 (5) South 0134' East an approximate distance of 1695 feet to at
27-11 the intersection of the center of said State Highway 2830 and the
27-12 center of FM 160;
27-13 THENCE North 8023' East, with the center of said FM 160 and
27-14 continuing with the center of said State Highway 2830 for an
27-15 approximate distance of 1750 feet to a point;
27-16 THENCE South 0006' West continuing with the center of said State
27-17 Highway 2830 for an approximate distance of 8561 feet to a point at
27-18 the intersection of the center of said State Highway 2830 and the
27-19 center of Southern Pacific Railroad right-of-way;
27-20 THENCE with the center of said Southern Pacific Railroad
27-21 right-of-way the following three (3) courses and distances;
27-22 (1) South 7859' East for an approximate distance of 22008 feet to
27-23 a point,
27-24 (2) South 7849' East for an approximate distance of 17267 feet to
27-25 a point, and
28-1 (3) South 7840' East an approximate distance of 10609 feet to a
28-2 point;
28-3 THENCE South 0022' West, cross country, an approximate distance of
28-4 3252 feet to a point in the center of an Entergy power line;
28-5 THENCE South 8401' East, with the center of said Entergy power line
28-6 an approximate distance of 643 feet to a point;
28-7 THENCE cross country the following three (3) courses and distances;
28-8 (1) South 0102' East, an approximate distance of 1930 feet to a
28-9 point,
28-10 (2) North 8835' West, an approximate distance of 200 feet to a
28-11 point, and
28-12 (3) South 0737' West, an approximate distance of 1109 feet to a
28-13 point in the center of a County Road running east and west;
28-14 THENCE with the center of said County Road the following seven (7)
28-15 courses and distances;
28-16 (1) North 7800' East, an approximate distance of 583 feet to a
28-17 point,
28-18 (2) South 8650' East, an approximate distance of 1147 feet to a
28-19 point,
28-20 (3) South 8802' East, an approximate distance of 1012 feet to a
28-21 point,
28-22 (4) South 8909' East, an approximate distance of 2142 feet to a
28-23 point,
28-24 (5) South 8323' East, an approximate distance of 2513 feet to a
28-25 point,
29-1 (6) South 8240' East, an approximate distance of 2632 feet to a
29-2 point, and
29-3 (7) North 5935' East, an approximate distance of 212 feet to a
29-4 point at the intersection of said County Road and FM 1009;
29-5 THENCE with said FM 1009 the following eleven (13) courses and
29-6 distances;
29-7 (1) South 5947' East, an approximate distance of 272 feet to a
29-8 point,
29-9 (2) South 8317' East, an approximate distance of 1745 feet to a
29-10 point,
29-11 (3) South 8312' East, an approximate distance of 5456 feet to a
29-12 point,
29-13 (4) North 8941' East, an approximate distance of 302 feet to a
29-14 point,
29-15 (5) North 8325' East, an approximate distance of 3968 feet to a
29-16 point,
29-17 (6) North 7041' East, an approximate distance of 128 feet to a
29-18 point,
29-19 (7) North 6536' East, an approximate distance of 1139 feet to a
29-20 point,
29-21 (8) North 8349' East, an approximate distance of 1737 feet to a
29-22 point,
29-23 (9) North 7902' East, an approximate distance of 1546 feet to a
29-24 point,
29-25 (10) North 5904' East, an approximate distance of 1423 feet to a
30-1 point,
30-2 (11) North 5836' East, an approximate distance of 1098 feet to a
30-3 point,
30-4 (12) North 4830' East, an approximate distance of 1148 feet to a
30-5 point, and
30-6 (13) North 8841' East, an approximate distance of 1395 feet to a
30-7 point at the intersection of a said FM 1009 and a levee for a rice
30-8 field canal;
30-9 THENCE with said levee for a rice field canal the following four
30-10 (4) courses and distances;
30-11 (1) North 0117' East, an approximate distance of 3677 feet to a
30-12 point,
30-13 (2) North 8831' East, an approximate distance of 895 feet to a
30-14 point,
30-15 (3) North 6923' East, an approximate distance of 978 feet to a
30-16 point, and
30-17 (4) North 0141' East, an approximate distance of 661 feet to a
30-18 point;
30-19 THENCE cross country the following three (3) courses and distances;
30-20 (1) North 8940' East, an approximate distance of 1306 feet to a
30-21 point,
30-22 (2) North 0056' East, an approximate distance of 895 feet to a
30-23 point, and
30-24 (3) South 8951' East, an approximate distance of 1714 feet to a
30-25 point in the center of FM 1009;
31-1 THENCE North 0014' West, with said FM 1009 14an approximate
31-2 distance of 1738 feet to a point at the intersection of said
31-3 FM 1009 and a County Road running east and west;
31-4 THENCE with said County Road the following seven (7) courses and
31-5 distances;
31-6 (1) North 8930' East, an approximate distance of 783 feet to a
31-7 point,
31-8 (2) North 3631' East, an approximate distance of 79 feet to a
31-9 point,
31-10 (3) North 8208' East, an approximate distance of 861 feet to a
31-11 point,
31-12 (4) South 6121' East, an approximate distance of 321 feet to a
31-13 point,
31-14 (5) South 8951' East, an approximate distance of 342 feet to a
31-15 point,
31-16 (6) South 5722' East, an approximate distance of 68 feet to a
31-17 point, and
31-18 (7) South 8959' East, an approximate distance of 3597 feet to a
31-19 point at the intersection of said County Road and FM 365;
31-20 THENCE North 0029' East, with said FM 365 an approximate distance
31-21 of 2459 feet to the POINT OF BEGINNING and containing 446,912 acres
31-22 of land, more or less.
31-23 (b) Boundaries of the district may be adjusted after a
31-24 benefit hearing as provided by Section 9 of this Act and before a
31-25 confirmation election is held as provided by Section 10 of this
32-1 Act.
32-2 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
32-3 finds that the boundaries and field notes of the district form a
32-4 closure. If any mistake is made in the field notes or in copying
32-5 the field notes in the legislative process, it in no way affects
32-6 the organization, existence, and validity of the district, or the
32-7 right of the district to issue any type of bonds or refunding bonds
32-8 for the purposes for which the district is created or to pay the
32-9 principal of and interest on the bonds, or in any other manner
32-10 affects the legality or operation of the district or its governing
32-11 body.
32-12 SECTION 5. FINDING OF BENEFIT. All of the land and other
32-13 property included within the boundaries of the district will be
32-14 benefited by the works and projects that are to be accomplished by
32-15 the district under powers conferred by Section 59, Article XVI,
32-16 Texas Constitution. The district is created to serve a public use
32-17 and benefit.
32-18 SECTION 6. POWERS. (a) The district has all of the rights,
32-19 powers, privileges, authority, functions, and duties provided by
32-20 the general law of this state, including Chapters 49 and 66, Water
32-21 Code, applicable to stormwater control districts created under
32-22 Section 59, Article XVI, Texas Constitution. In addition, the
32-23 district has the rights, powers, privileges, authority, functions,
32-24 and duties provided by Chapter 56, Water Code. This Act prevails
32-25 over any provision of general law that is in conflict or
33-1 inconsistent with this Act. If there is a conflict between Chapter
33-2 56 and Chapter 66, Water Code, Chapter 66 prevails.
33-3 (b) The rights, powers, privileges, authority, functions,
33-4 and duties of the district are subject to the continuing right of
33-5 supervision of the state to be exercised by and through the Texas
33-6 Natural Resource Conservation Commission.
33-7 SECTION 7. BOARD OF DIRECTORS. (a) The district is
33-8 governed by a board of seven directors.
33-9 (b) Temporary directors serve until initial directors are
33-10 elected under Section 10 of this Act.
33-11 (c) Initial directors serve until permanent directors are
33-12 elected under Section 11 of this Act.
33-13 (d) Permanent directors serve staggered four-year terms.
33-14 (e) Each director must qualify to serve as director in the
33-15 manner provided by Section 49.055, Water Code.
33-16 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
33-17 directors is composed of:
33-18 (1) Warren Johnson;
33-19 (2) Norman Lowery;
33-20 (3) Claire Mason;
33-21 (4) Kenneth McFarland;
33-22 (5) Jeanie Turk;
33-23 (6) Burt Shivers; and
33-24 (7) Paul Fontenot.
33-25 (b) If a temporary director fails to qualify for office, the
34-1 temporary directors who have qualified shall appoint a person to
34-2 fill the vacancy. If at any time there are fewer than seven
34-3 qualified temporary directors for any other reason, the Texas
34-4 Natural Resource Conservation Commission shall appoint the
34-5 necessary number of persons to fill all vacancies on the board.
34-6 (c) As soon as all temporary directors have qualified, the
34-7 directors shall meet and elect a chairman and vice chairman from
34-8 among their membership and other officers as necessary.
34-9 SECTION 9. BENEFIT HEARING; APPEAL. (a) As soon as
34-10 practicable after all temporary directors have qualified and
34-11 officers have been elected as provided by Section 8 of this Act,
34-12 the temporary board of directors shall set a date for a hearing to
34-13 determine whether the land to be included in the district will be
34-14 benefited by the creation of the district.
34-15 (b) After a date is set for the hearing, the temporary board
34-16 of directors shall give notice of the hearing and shall hold the
34-17 hearing and issue an order stating its final decision in the manner
34-18 provided by Chapter 2001, Government Code. In addition to other
34-19 notice required by law, the temporary board of directors shall
34-20 publish notice in a newspaper with general circulation in the area
34-21 of the district once a week for two consecutive weeks, the first
34-22 publication to be made at least 30 days before the date set for the
34-23 hearing.
34-24 (c) After the hearing, if the temporary board of directors
34-25 finds that the creation of the district will be a benefit to land
35-1 included in the district, the temporary board of directors shall
35-2 make that finding and by order shall confirm the boundaries of the
35-3 district as described in Section 3 of this Act.
35-4 (d) In making its decision, if the temporary board of
35-5 directors finds that a part of the land to be included in the
35-6 district will not be benefited by creation of the district, the
35-7 temporary board of directors shall make this finding and by order
35-8 exclude the nonbenefited land from the proposed district and redraw
35-9 the boundaries of the district to conform to this change.
35-10 (e) The temporary board of directors shall mail to the Texas
35-11 Natural Resource Conservation Commission the order confirming or
35-12 redrawing the boundaries of the district.
35-13 (f) The order of the temporary board of directors confirming
35-14 or redrawing the boundaries of the district may be appealed as
35-15 provided by Chapter 2001, Government Code.
35-16 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
35-17 (a) After a hearing has been held and the temporary board of
35-18 directors has confirmed or redrawn the boundaries of the district
35-19 as provided by Section 9 of this Act, the temporary board of
35-20 directors shall call and hold an election to confirm establishment
35-21 of the district and to elect seven initial directors as provided by
35-22 Chapter 49, Water Code.
35-23 (b) Subsection (a), Section 41.001, Election Code, does not
35-24 apply to a confirmation election held as provided by this section.
35-25 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
36-1 Saturday in May of the first even-numbered year after the year in
36-2 which the confirmation election is held, an election shall be held
36-3 in the district for the election at large of three directors who
36-4 shall each serve two-year terms and four directors who shall each
36-5 serve four-year terms. Thereafter, on the same date in each
36-6 subsequent even-numbered year, the appropriate number of directors
36-7 shall be elected to the board.
36-8 (b) The directors elected at the election described in
36-9 Subsection (a) of this section may assign a position number to each
36-10 director's seat, after which directors shall be elected by
36-11 position.
36-12 SECTION 12. ADDITIONAL POWERS. (a) The district as a
36-13 stormwater control district may issue bonds to provide for all
36-14 improvements and the maintenance of those improvements necessary to
36-15 achieve the purposes of Section 59, Article XVI, Texas
36-16 Constitution, and may provide for the payment of the bonds through
36-17 ad valorem taxes and revenues collected for that purpose as
36-18 authorized by Chapter 66, Water Code.
36-19 (b) The district may acquire land, materials, waste grounds,
36-20 easements, rights-of-way, and everything considered necessary for
36-21 the purpose of accomplishing any one or more of the authorized
36-22 functions of the district.
36-23 (c) The district shall have the right to acquire property by
36-24 gift, grant, or purchase, and the right to acquire property shall
36-25 include property considered necessary for the construction,
37-1 improvement, extension, enlargement, operation, or maintenance of
37-2 the plants, works, improvements, facilities, equipment, or
37-3 appliances of the district.
37-4 (d) The district may acquire either the fee simple title to
37-5 or an easement on all land, both public and private, either inside
37-6 or outside the boundaries and may acquire the title to or an
37-7 easement on property other than land held in fee.
37-8 (e) The district may also lease property on terms and
37-9 conditions the board of directors determines to be advantageous to
37-10 the construction, improvement, extension, enlargement, operation,
37-11 or maintenance of the plants, works, improvements, facilities,
37-12 equipment, or appliances of the district.
37-13 (f) The district may also lease property on terms and
37-14 conditions the board of directors determines to be advantageous to
37-15 the district.
37-16 (g) The district may acquire any land, easements, or other
37-17 property inside the district or within five miles of the district
37-18 solely for sewer, water, storm drainage, and flood drainage
37-19 connections when necessary by condemnation and may elect to condemn
37-20 either the fee simple title or an easement only.
37-21 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
37-22 (a) The proper and legal notice of the intention to introduce this
37-23 Act, setting forth the general substance of this Act, has been
37-24 published as provided by law, and the notice and a copy of this Act
37-25 have been furnished to all persons, agencies, officials, or
38-1 entities to which they are required to be furnished by the
38-2 constitution and other laws of this state, including the governor,
38-3 who has submitted the notice and Act to the Texas Natural Resource
38-4 Conservation Commission.
38-5 (b) The Texas Natural Resource Conservation Commission has
38-6 filed its recommendations relating to this Act with the governor,
38-7 lieutenant governor, and speaker of the house of representatives
38-8 within the required time.
38-9 (c) All requirements of the constitution and laws of this
38-10 state and the rules and procedures of the legislature with respect
38-11 to the notice, introduction, and passage of this Act are fulfilled
38-12 and accomplished.
38-13 SECTION 14. EMERGENCY. The importance of this legislation
38-14 and the crowded condition of the calendars in both houses create an
38-15 emergency and an imperative public necessity that the
38-16 constitutional rule requiring bills to be read on three several
38-17 days in each house be suspended, and this rule is hereby suspended,
38-18 and that this Act take effect and be in force from and after its
38-19 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1899 passed the Senate on
April 24, 1997, by the following vote: Yeas 28, Nays 2; and that
the Senate concurred in House amendment on May 20, 1997, by the
following vote: Yeas 28, Nays 2.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1899 passed the House, with
amendment, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor