1-1 By: Galloway S.B. No. 1899 1-2 (In the Senate - Filed March 18, 1997; March 25, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 21, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; April 21, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1899 By: Lindsay 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, duties, 1-11 operation, and financing of the Pine Island Bayou Stormwater 1-12 Control District; granting the authority to issue bonds and impose 1-13 taxes; granting the power of eminent domain. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A 1-16 conservation and reclamation district to be known as the Pine 1-17 Island Bayou Stormwater Control District is created in Hardin, 1-18 Jefferson, and Liberty counties, subject to approval at a 1-19 confirmation election under Section 10 of this Act. The district 1-20 is a governmental agency and a body politic and corporate. 1-21 (b) The district is created under and is essential to the 1-22 accomplishment of the purposes of Section 59, Article XVI, Texas 1-23 Constitution. 1-24 SECTION 2. DEFINITION. In this Act, "district" means the 1-25 Pine Island Bayou Stormwater Control District. 1-26 SECTION 3. BOUNDARIES. (a) The district includes all of 1-27 the territory contained in the following described area: 1-28 BEING 446,912 acres of land lying in Jefferson County, Texas, 1-29 Hardin County, Texas and Liberty County, Texas and being described 1-30 by metes and bounds as follows; 1-31 BEGINNING at the intersection of State Highway 326, also known as 1-32 FM 365, and the Southern Pacific Railroad right-of-way, just east 1-33 of Nome, Texas in Jefferson County, Texas; 1-34 THENCE North 8150'East, with said Southern Pacific Railroad 1-35 right-of-way an approximate distance of 18651 feet to a point at 1-36 the intersection of said Southern Pacific Railroad right-of-way and 1-37 the Lower Neches Valley Authority Canal; 1-38 THENCE with said Lower Neches Valley Authority Canal the following 1-39 forty-four (44) courses and distances; 1-40 (1) North 2330' East, an approximate distance of 537 feet to a 1-41 point, 1-42 (2) North 4631' East, an approximate distance of 711 feet to a 1-43 point, 1-44 (3) North 0701' East, an approximate distance of 378 feet to a 1-45 point, 1-46 (4) North 2211' West, an approximate distance of 687 feet to a 1-47 point, 1-48 (5) North 0630' East, an approximate distance of 558 feet to a 1-49 point, 1-50 (6) North 3113' West, an approximate distance of 458 feet to a 1-51 point, 1-52 (7) North 2049' West, an approximate distance of 1143 feet to a 1-53 point, 1-54 (8) North 2154' East, an approximate distance of 1235 feet to a 1-55 point, 1-56 (9) North 6357' East, an approximate distance of 1065 feet to a 1-57 point, 1-58 (10) South 8816' East, an approximate distance of 1021 feet to a 1-59 point, 1-60 (11) South 7119' East, an approximate distance of 1181 feet to a 1-61 point, 1-62 (12) South 8926' East, an approximate distance of 883 feet to a 1-63 point, 1-64 (13) North 4501' East, an approximate distance of 3054 feet to a 2-1 point, 2-2 (14) North 3615' East, an approximate distance of 3448 feet to a 2-3 point, 2-4 (15) North 6013' East, an approximate distance of 3637 feet to a 2-5 point, 2-6 (16) North 8506' East, an approximate distance of 5218 feet to a 2-7 point, 2-8 (17) North 5433' East, an approximate distance of 1125 feet to a 2-9 point, 2-10 (18) North 2720' East, an approximate distance of 3463 feet to a 2-11 point, 2-12 (19) North 4039' East, an approximate distance of 1715 feet to a 2-13 point, 2-14 (20) North 6543' East, an approximate distance of 2766 feet to a 2-15 point, 2-16 (21) North 5017' East, an approximate distance of 822 feet to a 2-17 point, 2-18 (22) North 4159' East, an approximate distance of 880 feet to a 2-19 point, 2-20 (23) South 8935' East, an approximate distance of 1495 feet to a 2-21 point, 2-22 (24) North 7726' East, an approximate distance of 1821 feet to a 2-23 point, 2-24 (25) South 8035' East, an approximate distance of 1372 feet to a 2-25 point, 2-26 (26) South 5217' East, an approximate distance of 474 feet to a 2-27 point, 2-28 (27) South 2926' East, an approximate distance of 778 feet to a 2-29 point, 2-30 (28) South 5444' East, an approximate distance of 557 feet to a 2-31 point, 2-32 (29) South 8304' East, an approximate distance of 977 feet to a 2-33 point, 2-34 (30) North 7706' East, an approximate distance of 434 feet to a 2-35 point, 2-36 (31) North 5607' East, an approximate distance of 196 feet to a 2-37 point, 2-38 (32) North 5454' East, an approximate distance of 4105 feet to a 2-39 point, 2-40 (33) South 8303' East, an approximate distance of 673 feet to a 2-41 point, 2-42 (34) North 7652' East, an approximate distance of 1144 feet to a 2-43 point, 2-44 (35) South 7701' East, an approximate distance of 4006 feet to a 2-45 point, 2-46 (36) North 8033' East, an approximate distance of 3136 feet to a 2-47 point, 2-48 (37) North 5102' East, an approximate distance of 1401 feet to a 2-49 point, 2-50 (38) North 6723' East, an approximate distance of 1924 feet to a 2-51 point, 2-52 (39) North 2751' East, an approximate distance of 4282 feet to a 2-53 point, 2-54 (40) North 4344' East, an approximate distance of 2614 feet to a 2-55 point, 2-56 (41) North 4234' East, an approximate distance of 9103 feet to a 2-57 point, 2-58 (42) North 3440' East, an approximate distance of 8178 feet to a 2-59 point, 2-60 (43) North 2204' East, an approximate distance of 2126 feet to a 2-61 point, and 2-62 (44) North 0804' East, an approximate distance of 961 feet to a 2-63 point at the intersection of said Lower Neches Valley Authority 2-64 Canal and Pine Island Bayou, also being the Jefferson and Hardin 2-65 County line; 2-66 THENCE North 0156' West, across the marsh an approximate distance 2-67 of 8395 feet to a point in the center of a County Road running 2-68 north and south; 2-69 THENCE North 0019' West, with said County Road an approximate 3-1 distance of 684 feet to a point, 3-2 THENCE North 0014' East, across the marsh an approximate distance 3-3 of 12367 feet to a point in the center of a slough road; 3-4 THENCE with said slough road the following six (6) courses and 3-5 distances; 3-6 (1) South 8931' West, an approximate distance of 4299 feet to a 3-7 point, 3-8 (2) South 6939' West, an approximate distance of 343 feet to a 3-9 point, 3-10 (3) North 7202' West, an approximate distance of 294 feet to a 3-11 point, 3-12 (4) North 8848' West, an approximate distance of 674 feet to a 3-13 point, 3-14 (5) North 6740' West, an approximate distance of 194 feet to a 3-15 point, and 3-16 (6) South 8836' West, an approximate distance of 178 feet to a 3-17 point in the center of County Road, running north and south, in 3-18 Woodcrest Acres; 3-19 THENCE North 0028' West, with said County Road an approximate 3-20 distance of 1033 feet to a point at the intersection of said County 3-21 Road with a County Road, running east and west, in said Woodcrest 3-22 Acres; 3-23 THENCE North 8946' West, with said County Road an approximate 3-24 distance of 398 feet to a point at the intersection of said County 3-25 Road with a County Road, running north and south in said Woodcrest 3-26 Acres, 3-27 THENCE with said County Road the following four (4) courses and 3-28 distances; 3-29 (1) North 0130' East, an approximate distance of 472 feet to a 3-30 point, 3-31 (2) North 8929' West, an approximate distance of 1595 feet to a 3-32 point, 3-33 (3) North 0031' East, an approximate distance of 424 feet to a 3-34 point, and 3-35 (4) North 8153' West, an approximate distance of 151 feet to a 3-36 point at the intersection of said County Road with a County Road 3-37 running north and south; 3-38 THENCE with said County Road the following seventeen (17) courses 3-39 and distances; 3-40 (1) North 1227' West, an approximate distance of 446 feet to a 3-41 point, 3-42 (2) North 0730' West, an approximate distance of 602 feet to a 3-43 point, 3-44 (3) North 1228' East, an approximate distance of 1411 feet to a 3-45 point, 3-46 (4) North 4343' West, an approximate distance of 106 feet to a 3-47 point, 3-48 (5) North 1439' East, an approximate distance of 598 feet to a 3-49 point, 3-50 (6) North 0040' East, an approximate distance of 800 feet to a 3-51 point, 3-52 (7) North 1923' East, an approximate distance of 173 feet to a 3-53 point, 3-54 (8) North 2438' West, an approximate distance of 400 feet to a 3-55 point, 3-56 (9) North 2405' East, an approximate distance of 1610 feet to a 3-57 point, 3-58 (10) North 1748' East, an approximate distance of 500 feet to a 3-59 point, 3-60 (11) North 0028' West, an approximate distance of 1969 feet to a 3-61 point, 3-62 (12) North 8911' West, an approximate distance of 2631 feet to a 3-63 point, 3-64 (13) North 0115' West, an approximate distance of 671 feet to a 3-65 point, 3-66 (14) North 4530' West, an approximate distance of 246 feet to a 3-67 point, 3-68 (15) North 1641' West, an approximate distance of 420 feet to a 3-69 point, 4-1 (16) North 3813' West, an approximate distance of 299 feet to a 4-2 point, and 4-3 (17) North 7537' West, an approximate distance of 298 feet to a 4-4 point at the intersection of said County Road with a County Road 4-5 running north and south, being also the Corporation limit of 4-6 Lumberton, Texas; 4-7 THENCE South 0134' West, with said County Road and said Corporation 4-8 limit of Lumberton, Texas, an approximate distance of 1347 feet to 4-9 a point at the intersection of said County Road and a County Road 4-10 running east and west; 4-11 THENCE North 8942' West, with said County Road an approximate 4-12 distance of 2699 feet to a point at the intersection of said County 4-13 Road and US Highway 96; 4-14 THENCE North 0806' West, with said US Highway 96, an approximate 4-15 distance of 1150 feet to a point at the intersection of said US 4-16 Highway 96 and a County Road running east and west; 4-17 THENCE North 8920' West, with said County Road an approximate 4-18 distance of 2327 feet to a point on the Corporation Limit of 4-19 Lumberton, Texas; 4-20 THENCE with said Corporation Limit of said Lumberton, Texas, the 4-21 following two (2) courses and distances; 4-22 (1) North 0040' East, an approximate distance of 1649 feet to a 4-23 point, and 4-24 (2) South 8452' West, an approximate distance of 4888 feet to a 4-25 point in the center of US Highway 69 & 287; 4-26 THENCE North 2626' West, with the center of said US Highway 69 & 4-27 287, an approximate distance of 11464 feet to a point at the 4-28 intersection of said US Highway 69 & 287 and a County Road running 4-29 east and west; 4-30 THENCE South 8910' West, with said County Road, an approximate 4-31 distance of 2582 feet to a point at the intersection of said County 4-32 Road and a County Road running north and south; 4-33 THENCE with said County Road the following six (6) courses and 4-34 distances; 4-35 (1) North 0229' West, an approximate distance of 349 feet to a 4-36 point, 4-37 (2) North 1138' West, an approximate distance of 789 feet to a 4-38 point, 4-39 (3) North 0517' West, an approximate distance of 527 feet to a 4-40 point, 4-41 (4) North 1802' East, an approximate distance of 358 feet to a 4-42 point, 4-43 (5) North 4100' East, an approximate distance of 388 feet to a 4-44 point, and 4-45 (6) North 6407' East, an approximate distance of 1185 feet to a 4-46 point at the intersection of said County Road and US Highway 69 & 4-47 287; 4-48 THENCE with said US Highway 69 & 287 the following three (3) 4-49 courses and distance; 4-50 (1) North 2623' West, an approximate distance of 10315 feet to a 4-51 point, 4-52 (2) North 3945' West, an approximate distance of 785 feet to a 4-53 point, and 4-54 (3) North 5043' West, an approximate distance of 3855 feet to a 4-55 point at the intersection of said US Highway 69 & 287 and a County 4-56 Road running east and west; 4-57 THENCE with said County Road the following two (2) courses and 4-58 distances; 4-59 (1) South 7958' West, an approximate distance of 169 feet to a 4-60 point, and 4-61 (2) North 8958' West, an approximate distance of 4208 feet to a 4-62 point; 4-63 THENCE cross country the following three (3) courses and distances; 4-64 (1) South 0030' West, an approximate distance of 890 feet to a 4-65 point, 4-66 (2) South 1743' West, an approximate distance of 2368 feet to a 4-67 point in the center of an abandoned railroad right-of-way, and 4-68 (3) South 5141' West, an approximate distance of 2556 feet to a 4-69 point at the intersection of a dirt road and a County Road running 5-1 north and south; 5-2 THENCE with said County Road the following five (5) courses and 5-3 distances; 5-4 (1) South 0158' East, an approximate distance of 425 feet to a 5-5 point, 5-6 (2) South 0354' East, an approximate distance of 633 feet to a 5-7 point, 5-8 (3) South 0349' East, an approximate distance of 450 feet to a 5-9 point, 5-10 (4) South 0440' West, an approximate distance of 367 feet to a 5-11 point, and 5-12 (5) South 1125' West, an approximate distance of 782 feet to a 5-13 point at the intersection of said County Road and a County Road 5-14 running east and west; 5-15 THENCE North 8858' West, with said County Road an approximate 5-16 distance of 5212 feet to a point at the intersection of said County 5-17 Road and a County Road running north and south; 5-18 THENCE South 0008' East, with said County Road an approximate 5-19 distance of 1231 feet to a point at the intersection of said County 5-20 Road and a County Road running east and west; 5-21 THENCE with said County Road the following ten (10) courses and 5-22 distances; 5-23 (1) South 8955' West, an approximate distance of 2051 feet to a 5-24 point, 5-25 (2) South 3214' West, an approximate distance of 682 feet to a 5-26 point, 5-27 (3) South 4518' West, an approximate distance of 263 feet to a 5-28 point, 5-29 (4) South 7847' West, an approximate distance of 217 feet to a 5-30 point, 5-31 (5) North 8233' West, an approximate distance of 2700 feet to a 5-32 point, 5-33 (6) South 8536' West, an approximate distance of 812 feet to a 5-34 point, 5-35 (7) North 7640' West, an approximate distance of 323 feet to a 5-36 point, 5-37 (8) North 6955' West, an approximate distance of 3012 feet to a 5-38 point, 5-39 (9) North 6135' West, an approximate distance of 2101 feet to a 5-40 point, and 5-41 (10) North 6809' West, an approximate distance of 3318 feet to a 5-42 point at the intersection of said County Road and State Highway 326 5-43 at the town of Little Rock, Texas in Hardin County; 5-44 THENCE South 1442' West, with said State Highway 326 an approximate 5-45 distance of 1625 feet to a point at the intersection of said State 5-46 Highway 326 and a County Road running east and west, and being at 5-47 the easterly edge of the Big Thicket National Preserve; 5-48 THENCE with the center of said County Road and across said Big 5-49 Thicket National Preserve; the following two (2) courses and 5-50 distance; 5-51 (1) South 8107' West, an approximate distance of 1869 feet to a 5-52 point, and 5-53 (2) South 7829' West, an approximate distance of 708 feet to a 5-54 point; 5-55 THENCE cross country the following twenty-five courses and 5-56 distances; 5-57 (1) North 7235' West, an approximate distance of 10961 feet to a 5-58 point, 5-59 (2) South 5216' West, an approximate distance of 9957 feet to a 5-60 point, 5-61 (3) South 4528' West, an approximate distance of 6763 feet to a 5-62 point, 5-63 (4) South 0700' West, an approximate distance of 4458 feet to a 5-64 point between two pipelines at a pumping station, 5-65 (5) North 6252' West, an approximate distance of 4306 feet to a 5-66 point, 5-67 (6) South 8232' West, an approximate distance of 7721 feet to a 5-68 point, 5-69 (7) South 8500' West, an approximate distance of 3546 feet to a 6-1 point, 6-2 (8) North 7847' West, an approximate distance of 1494 feet to a 6-3 point, 6-4 (9) South 7639' West, an approximate distance of 1756 feet to a 6-5 point, 6-6 (10) North 3405' West, an approximate distance of 3872 feet to a 6-7 point, 6-8 (11) North 4855' West, an approximate distance of 4825 feet to a 6-9 point, 6-10 (12) North 4547' West, an approximate distance of 3296 feet to a 6-11 point, 6-12 (13) North 5057' West, an approximate distance of 3685 feet to a 6-13 point, 6-14 (14) North 2745' West, an approximate distance of 5948 feet to a 6-15 point, 6-16 (15) North 4914' West, an approximate distance of 2627 feet to a 6-17 point in the center of State Highway 787, 6-18 (16) North 2504' West, an approximate distance of 3076 feet to a 6-19 point, 6-20 (17) North 5550' West, an approximate distance of 4073 feet to a 6-21 point, 6-22 (18) North 5011' West, an approximate distance of 2655 feet to a 6-23 point on knoll, 6-24 (19) North 6702' West, an approximate distance of 3413 feet to a 6-25 point in a pond, 6-26 (20) North 2353' West, an approximate distance of 2150 feet to a 6-27 point in the middle of Griffin Pond, 6-28 (21) North 7559' West, an approximate distance of 911 feet to a 6-29 point, 6-30 (22) North 1659' East, an approximate distance of 1854 feet to a 6-31 point, 6-32 (23) North 4329' East, an approximate distance of 810 feet to a 6-33 point, 6-34 (24) North 3132' East, an approximate distance of 2083 feet to a 6-35 point, and 6-36 (25) North 0640' West, an approximate distance of 874 feet to a 6-37 point in the center of a pipeline alley, 6-38 THENCE North 4545' West, with said pipeline alley an approximate 6-39 distance of 2604 feet to a point; 6-40 THENCE cross country the following three (3) courses and distance; 6-41 (1) North 1947' East, an approximate distance of 9588 feet to a 6-42 point in the middle of Peach Pond, 6-43 (2) North 4923' East, an approximate distance of 3362 feet to a 6-44 point in the middle of a dirt road, and 6-45 (3) North 3934' East, an approximate distance of 759 feet to a 6-46 point in the center of a County Road running north and south; 6-47 THENCE with said County Road the following five (5) courses and 6-48 distances; 6-49 (1) North 0731' West, an approximate distance of 4277 feet to a 6-50 point, 6-51 (2) North 0742' West, an approximate distance of 1194 feet to a 6-52 point, 6-53 (3) North 1754' West, an approximate distance of 311 feet to a 6-54 point, 6-55 (4) North 3639' West, an approximate distance of 305 feet to a 6-56 point at Bragg in the center of a railroad right-of-way, and 6-57 (5) North 0347' West, an approximate distance of 555 feet to a 6-58 point; 6-59 THENCE cross country the following sixteen (16) courses and 6-60 distances; 6-61 (1) North 2220' East, an approximate distance of 2642 feet to a 6-62 point in the center of a United Gas Pipeline right-of-way, 6-63 (2) North 2035' East, an approximate distance of 2549 feet to a 6-64 point at the end of a four wheel drive trail, 6-65 (3) North 2129' West, an approximate distance of 2574 feet to a 6-66 point in the center of a dirt road, 6-67 (4) North 4134' West, an approximate distance of 1414 feet to a 6-68 point, 6-69 (5) North 3921' West, an approximate distance of 1182 feet to a 7-1 point, 7-2 (6) North 3236' West, an approximate distance of 703 feet to a 7-3 point, 7-4 (7) North 1738' West, an approximate distance of 938 feet to a 7-5 point in the center of a dirt road, 7-6 (8) North 0237' East, an approximate distance of 745 feet to a 7-7 point at the intersection of two dirt roads, 7-8 (9) North 3021' West, an approximate distance of 2866 feet to a 7-9 point, 7-10 (10) South 8328' West, an approximate distance of 1616 feet to a 7-11 point in the center of a dirt road, 7-12 (11) North 2503' West, an approximate distance of 1447 feet to a 7-13 point in the center of a dirt road, 7-14 (12) North 1116' West, an approximate distance of 2807 feet to a 7-15 point, 7-16 (13) North 0636' West, an approximate distance of 879 feet to a 7-17 point, 7-18 (14) North 5253' West, an approximate distance of 1783 feet to a 7-19 point in the center of a dirt road, 7-20 (15) North 1406' West, an approximate distance of 2466 feet to a 7-21 point at the end of a dirt road, and 7-22 (16) North 2134' West, an approximate distance of 3051 feet to a 7-23 point on the Hardin and Polk County line; 7-24 THENCE South 8843' West, with said Hardin and Polk County Line an 7-25 approximate distance of 21649 feet to a point; 7-26 THENCE South 0655' West, cross country an approximate distance of 7-27 3483 feet to a point in the center of a dirt road; 7-28 THENCE with said dirt road the following three (3) courses and 7-29 distances; 7-30 (1) South 8746' West, an approximate distance of 836 feet to a 7-31 point, 7-32 (2) South 8902' West, an approximate distance of 1353 feet to a 7-33 point, and 7-34 (3) South 5705' West, an approximate distance of 250 feet to a 7-35 point in the center of State Highway 2798; 7-36 THENCE cross country the following sixteen (16) courses and 7-37 distances; 7-38 (1) South 7654' West, an approximate distance of 1945 feet to a 7-39 point, 7-40 (2) North 8330' West, an approximate distance of 1943 feet to a 7-41 point, 7-42 (3) South 7232' West, an approximate distance of 1095 feet to a 7-43 point, 7-44 (4) South 4207' West, an approximate distance of 1565 feet to a 7-45 point, 7-46 (5) South 1907' West, an approximate distance of 3644 feet to a 7-47 point, 7-48 (6) South 4113' West, an approximate distance of 1025 feet to a 7-49 point in the center of a United Gas Pipeline right-of-way, 7-50 (7) South 0926' West, an approximate distance of 1466 feet to a 7-51 point, 7-52 (8) South 5525' West, an approximate distance of 1276 feet to a 7-53 point, 7-54 (9) South 1447' West, an approximate distance of 1310 feet to a 7-55 point, 7-56 (10) South 2100' West, an approximate distance of 2002 feet to a 7-57 point, 7-58 (11) South 0605' East, an approximate distance of 1453 feet to a 7-59 point in the center of a dirt road, 7-60 (12) South 3629' West, an approximate distance of 1921 feet to a 7-61 point, 7-62 (13) South 4008' West, an approximate distance of 2577 feet to a 7-63 point in the center of a United Gas Pipeline right-of-way at its 7-64 intersection with the Liberty and Hardin County lines, 7-65 (14) South 5004' West, an approximate distance of 8080 feet to a 7-66 point, 7-67 (15) South 1356' West, an approximate distance of 5363 feet to a 7-68 point, and 7-69 (16) South 2734' West, an approximate distance of 438 feet to a 8-1 point in the center of a dirt road running north and south; 8-2 THENCE with said dirt road the following seven (7) courses and 8-3 distances; 8-4 (1) South 0800' East, an approximate distance of 320 feet to a 8-5 point, 8-6 (2) South 0126' West, an approximate distance of 3332 feet to a 8-7 point, 8-8 (3) South 0106' West, an approximate distance of 3534 feet to a 8-9 point, 8-10 (4) South 0127' West, an approximate distance of 3967 feet to a 8-11 point, 8-12 (5) South 0126' West, an approximate distance of 5841 feet to a 8-13 point, 8-14 (6) South 2647' West, an approximate distance of 340 feet to a 8-15 point, and 8-16 (7) South 5938' West, an approximate distance of 593 feet to a 8-17 point, 8-18 THENCE cross country the following three (3) courses and distances; 8-19 (1) South 2649' East, an approximate distance of 5475 feet to a 8-20 point at the intersection of two dirt roads, 8-21 (2) South 2232' West, an approximate distance of 4565 feet to a 8-22 point, and 8-23 (3) South 3758' West, an approximate distance of 7095 feet to a 8-24 point at the intersection of State Highway 146 and a dirt road; 8-25 THENCE South 0329' East, with said State Highway 146 an approximate 8-26 distance of 6509 feet to a point at the intersection of said State 8-27 Highway 146 and a United Gas Pipeline right-of-way; 8-28 THENCE cross country the following four (4) courses and distances; 8-29 (1) South 4721' East, an approximate distance of 1225 feet to a 8-30 point, 8-31 (2) South 5617' East, an approximate distance of 4303 feet to a 8-32 point at the end of a four wheel drive trail, 8-33 (3) South 0513' East, an approximate distance of 8752 feet to a 8-34 point, 8-35 (4) South 0034' West, an approximate distance of 1992 feet to a 8-36 point in the center of a dirt road; 8-37 THENCE South 6532' West, with the center of said dirt road an 8-38 approximate distance of 135 feet to a point at the intersection of 8-39 said dirt road and a United Gas Pipeline right-of-way; 8-40 THENCE with said United Gas Pipeline right-of-way the following two 8-41 (2) courses and distances; 8-42 (1) South 0058' West, an approximate distance of 2778 feet to a 8-43 point, and 8-44 (2) South 0009' West, an approximate distance of 2004 feet to a 8-45 point in the center of State Highway 162; 8-46 THENCE South 8919' West, with the center of said State Highway 162 8-47 an approximate distance of 3344 feet to a point at the intersection 8-48 of said State Highway 162 and State Highway 146; 8-49 THENCE with the center of said State Highway 146 the following four 8-50 (4) courses and distances; 8-51 (1) South 1155' East, an approximate distance of 1169 feet to a 8-52 point, 8-53 (2) South 0625' East, an approximate distance of 732 feet to a 8-54 point, 8-55 (3) South 0118' East, an approximate distance of 1748 feet to a 8-56 point, and 8-57 (4) South 0011' West, an approximate distance of 1809 feet to a 8-58 point; 8-59 THENCE cross country the following five (5) courses and distances; 8-60 (1) North 8942' East, an approximate distance of 2560 feet to a 8-61 point, 8-62 (2) South 0006' West, an approximate distance of 1532 feet to a 8-63 point, 8-64 (3) South 8906' West, an approximate distance of 978 feet to a 8-65 point, 8-66 (4) South 0151' East, an approximate distance of 1215 feet to a 8-67 point in the center of a dirt road, and 8-68 (5) South 8818' West, an approximate distance of 1969 feet to a 8-69 point in the center of State Highway 146; 9-1 THENCE with the center of said State Highway 146 the following 9-2 three (3) courses and distances; 9-3 (1) South 1342' West, an approximate distance of 2442 feet to a 9-4 point, 9-5 (2) South 0949' West, an approximate distance of 880 feet to a 9-6 point, and 9-7 (3) South 0915' West, an approximate distance of 1461 feet to a 9-8 point at the intersection of said State Highway 146 and a County 9-9 Road running east and west; 9-10 THENCE North 8917' East, with said County Road an approximate 9-11 distance of 2014 feet to a point; 9-12 THENCE cross country the following seven courses and distances; 9-13 (1) South 2858' West, an approximate distance of 1763 feet to a 9-14 point, 9-15 (2) South 0932' East, an approximate distance of 3058 feet to a 9-16 point, 9-17 (3) South 0500' West, an approximate distance of 1715 feet to a 9-18 point, 9-19 (4) South 8917' East, an approximate distance of 1097 feet to a 9-20 point, 9-21 (5) South 0004' West, an approximate distance of 499 feet to a 9-22 point, 9-23 (6) South 0042' West, an approximate distance of 2611 feet to a 9-24 point, and 9-25 (7) South 3304' West, an approximate distance of 3583 feet to a 9-26 point at the intersection of State Highway 146 and a County Road 9-27 running east and west; 9-28 THENCE South 8944' West, with said County Road an approximate 9-29 distance of 603 feet to a point at the intersection of said County 9-30 Road and the western most Corporation Limits of Hardin, Texas; 9-31 THENCE with said western most Corporation Limits of Hardin, Texas 9-32 the following two (2) courses and distances; 9-33 (1) South 1115' East, an approximate distance of 2980 feet to a 9-34 point, and 9-35 (2) South 0130' East, an approximate distance of 4636 feet to a 9-36 point in the center of State Highway 834; 9-37 THENCE South 8922' West, with the center of said State Highway 834 9-38 an approximate distance of 331 feet to a point at the intersection 9-39 of said State Highway 8634 and a County Road running north and 9-40 south; 9-41 THENCE South 0556' East, with said County Road an approximate 9-42 distance of 1745 feet to a point at the intersection of said County 9-43 Road and a County Road running east and west; 9-44 THENCE South 8817' East, with said County Road an approximate 9-45 distance of 863 feet to a point at the intersection of said County 9-46 Road and the center of State Highway 146; 9-47 THENCE South 0209' East, with said State Highway 146 an approximate 9-48 distance of 3222 feet to a point at the intersection of said State 9-49 Highway 146 and a County Road running east and west; 9-50 THENCE with said County Road the following three (3) courses and 9-51 distances; 9-52 (1) South 8923' East, an approximate distance of 819 feet to a 9-53 point, 9-54 (2) North 0127' East, an approximate distance of 210 feet to a 9-55 point, and 9-56 (3) North 8925' East, an approximate distance of 679 feet to a 9-57 point at the intersection of said County Road and a County Road 9-58 running north and south; 9-59 THENCE with said County Road the following four (4) courses and 9-60 distances; 9-61 (1) South 1329' East, an approximate distance of 218 feet to a 9-62 point, 9-63 (2) South 1518' East, an approximate distance of 1361 feet to a 9-64 point, 9-65 (3) South 0200' West, an approximate distance of 2055 feet to a 9-66 point, and 9-67 (4) South 1318' West, an approximate distance of 1033 feet to a 9-68 point; 9-69 THENCE South 8708' East, cross country an approximate distance of 10-1 2267 feet to a point at the end of a dirt road; 10-2 THENCE with said dirt road the following nine (9) courses and 10-3 distances; 10-4 (1) South 1356' East, an approximate distance of 415 feet to a 10-5 point, 10-6 (2) South 1059' East, an approximate distance of 539 feet to a 10-7 point, 10-8 (3) South 2044' East, an approximate distance of 679 feet to a 10-9 point, 10-10 (4) South 0945' East, an approximate distance of 412 feet to a 10-11 point, 10-12 (5) South 0447' East, an approximate distance of 360 feet to a 10-13 point, 10-14 (6) South 0426' West, an approximate distance of 276 feet to a 10-15 point, 10-16 (7) South 8416' West, an approximate distance of 206 feet to a 10-17 point, 10-18 (8) South 0207' West, an approximate distance of 976 feet to a 10-19 point, and 10-20 (9) South 0230' West, an approximate distance of 1893 feet to a 10-21 point; 10-22 THENCE cross country the following nine (9) courses and distances; 10-23 (1) South 0211' West, an approximate distance of 1576 feet to a 10-24 point, 10-25 (2) North 8816' West, an approximate distance of 584 feet to a 10-26 point, 10-27 (3) South 0106' West, an approximate distance of 6221 feet to a 10-28 point, 10-29 (4) South 4737' East, an approximate distance of 2795 feet to a 10-30 point, 10-31 (5) South 7833' East, an approximate distance of 1570 feet to a 10-32 point, 10-33 (6) South 2434' East, an approximate distance of 1009 feet to a 10-34 point, 10-35 (7) South 1428' East, an approximate distance of 1937 feet to a 10-36 point, 10-37 (8) North 7811' East, an approximate distance of 1412 feet to a 10-38 point, and 10-39 (9) South 8457' East, an approximate distance of 1766 feet to a 10-40 point in the center of State Highway 2830; 10-41 THENCE with the center of said State Highway 2830 the following 10-42 five (5) courses and distances; 10-43 (1) South 2211' East, an approximate distance of 686 feet to a 10-44 point, 10-45 (2) South 1918' East an approximate distance of 554 feet to a 10-46 point, 10-47 (3) South 1114' East an approximate distance of 680 feet to a 10-48 point, 10-49 (4) South 0450' West an approximate distance of 975 feet to a 10-50 point, and 10-51 (5) South 0134' East an approximate distance of 1695 feet to at 10-52 the intersection of the center of said State Highway 2830 and the 10-53 center of FM 160; 10-54 THENCE North 8023' East, with the center of said FM 160 and 10-55 continuing with the center of said State Highway 2830 for an 10-56 approximate distance of 1750 feet to a point; 10-57 THENCE South 0006' West continuing with the center of said State 10-58 Highway 2830 for an approximate distance of 8561 feet to a point at 10-59 the intersection of the center of said State Highway 2830 and the 10-60 center of Southern Pacific Railroad right-of-way; 10-61 THENCE with the center of said Southern Pacific Railroad 10-62 right-of-way the following three (3) courses and distances; 10-63 (1) South 7859' East for an approximate distance of 22008 feet to 10-64 a point, 10-65 (2) South 7849' East for an approximate distance of 17267 feet to 10-66 a point, and 10-67 (3) South 7840' East an approximate distance of 10609 feet to a 10-68 point; 10-69 THENCE South 0022' West, cross country, an approximate distance of 11-1 3252 feet to a point in the center of an Entergy power line; 11-2 THENCE South 8401' East, with the center of said Entergy power line 11-3 an approximate distance of 643 feet to a point; 11-4 THENCE cross country the following three (3) courses and distances; 11-5 (1) South 0102' East, an approximate distance of 1930 feet to a 11-6 point, 11-7 (2) North 8835' West, an approximate distance of 200 feet to a 11-8 point, and 11-9 (3) South 0737' West, an approximate distance of 1109 feet to a 11-10 point in the center of a County Road running east and west; 11-11 THENCE with the center of said County Road the following seven (7) 11-12 courses and distances; 11-13 (1) North 7800' East, an approximate distance of 583 feet to a 11-14 point, 11-15 (2) South 8650' East, an approximate distance of 1147 feet to a 11-16 point, 11-17 (3) South 8802' East, an approximate distance of 1012 feet to a 11-18 point, 11-19 (4) South 8909' East, an approximate distance of 2142 feet to a 11-20 point, 11-21 (5) South 8323' East, an approximate distance of 2513 feet to a 11-22 point, 11-23 (6) South 8240' East, an approximate distance of 2632 feet to a 11-24 point, and 11-25 (7) North 5935' East, an approximate distance of 212 feet to a 11-26 point at the intersection of said County Road and FM 1009; 11-27 THENCE with said FM 1009 the following eleven (13) courses and 11-28 distances; 11-29 (1) South 5947' East, an approximate distance of 272 feet to a 11-30 point, 11-31 (2) South 8317' East, an approximate distance of 1745 feet to a 11-32 point, 11-33 (3) South 8312' East, an approximate distance of 5456 feet to a 11-34 point, 11-35 (4) North 8941' East, an approximate distance of 302 feet to a 11-36 point, 11-37 (5) North 8325' East, an approximate distance of 3968 feet to a 11-38 point, 11-39 (6) North 7041' East, an approximate distance of 128 feet to a 11-40 point, 11-41 (7) North 6536' East, an approximate distance of 1139 feet to a 11-42 point, 11-43 (8) North 8349' East, an approximate distance of 1737 feet to a 11-44 point, 11-45 (9) North 7902' East, an approximate distance of 1546 feet to a 11-46 point, 11-47 (10) North 5904' East, an approximate distance of 1423 feet to a 11-48 point, 11-49 (11) North 5836' East, an approximate distance of 1098 feet to a 11-50 point, 11-51 (12) North 4830' East, an approximate distance of 1148 feet to a 11-52 point, and 11-53 (13) North 8841' East, an approximate distance of 1395 feet to a 11-54 point at the intersection of a said FM 1009 and a levee for a rice 11-55 field canal; 11-56 THENCE with said levee for a rice field canal the following four 11-57 (4) courses and distances; 11-58 (1) North 0117' East, an approximate distance of 3677 feet to a 11-59 point, 11-60 (2) North 8831' East, an approximate distance of 895 feet to a 11-61 point, 11-62 (3) North 6923' East, an approximate distance of 978 feet to a 11-63 point, and 11-64 (4) North 0141' East, an approximate distance of 661 feet to a 11-65 point; 11-66 THENCE cross country the following three (3) courses and distances; 11-67 (1) North 8940' East, an approximate distance of 1306 feet to a 11-68 point, 11-69 (2) North 0056' East, an approximate distance of 895 feet to a 12-1 point, and 12-2 (3) South 8951' East, an approximate distance of 1714 feet to a 12-3 point in the center of FM 1009; 12-4 THENCE North 0014' West, with said FM 1009 14an approximate 12-5 distance of 1738 feet to a point at the intersection of said 12-6 FM 1009 and a County Road running east and west; 12-7 THENCE with said County Road the following seven (7) courses and 12-8 distances; 12-9 (1) North 8930' East, an approximate distance of 783 feet to a 12-10 point, 12-11 (2) North 3631' East, an approximate distance of 79 feet to a 12-12 point, 12-13 (3) North 8208' East, an approximate distance of 861 feet to a 12-14 point, 12-15 (4) South 6121' East, an approximate distance of 321 feet to a 12-16 point, 12-17 (5) South 8951' East, an approximate distance of 342 feet to a 12-18 point, 12-19 (6) South 5722' East, an approximate distance of 68 feet to a 12-20 point, and 12-21 (7) South 8959' East, an approximate distance of 3597 feet to a 12-22 point at the intersection of said County Road and FM 365; 12-23 THENCE North 0029' East, with said FM 365 an approximate distance 12-24 of 2459 feet to the POINT OF BEGINNING and containing 446,912 acres 12-25 of land, more or less. 12-26 (b) Boundaries of the district may be adjusted after a 12-27 benefit hearing as provided by Section 9 of this Act and before a 12-28 confirmation election is held as provided by Section 10 of this 12-29 Act. 12-30 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 12-31 finds that the boundaries and field notes of the district form a 12-32 closure. If any mistake is made in the field notes or in copying 12-33 the field notes in the legislative process, it in no way affects 12-34 the organization, existence, and validity of the district, or the 12-35 right of the district to issue any type of bonds or refunding bonds 12-36 for the purposes for which the district is created or to pay the 12-37 principal of and interest on the bonds, or in any other manner 12-38 affects the legality or operation of the district or its governing 12-39 body. 12-40 SECTION 5. FINDING OF BENEFIT. All of the land and other 12-41 property included within the boundaries of the district will be 12-42 benefited by the works and projects that are to be accomplished by 12-43 the district under powers conferred by Section 59, Article XVI, 12-44 Texas Constitution. The district is created to serve a public use 12-45 and benefit. 12-46 SECTION 6. POWERS. (a) The district has all of the rights, 12-47 powers, privileges, authority, functions, and duties provided by 12-48 the general law of this state, including Chapters 49 and 66, Water 12-49 Code, applicable to stormwater control districts created under 12-50 Section 59, Article XVI, Texas Constitution. In addition, the 12-51 district has the rights, powers, privileges, authority, functions, 12-52 and duties provided by Chapter 56, Water Code. This Act prevails 12-53 over any provision of general law that is in conflict or 12-54 inconsistent with this Act. If there is a conflict between Chapter 12-55 56 and Chapter 66, Water Code, Chapter 66 prevails. 12-56 (b) The rights, powers, privileges, authority, functions, 12-57 and duties of the district are subject to the continuing right of 12-58 supervision of the state to be exercised by and through the Texas 12-59 Natural Resource Conservation Commission. 12-60 SECTION 7. BOARD OF DIRECTORS. (a) The district is 12-61 governed by a board of seven directors. 12-62 (b) Temporary directors serve until initial directors are 12-63 elected under Section 10 of this Act. 12-64 (c) Initial directors serve until permanent directors are 12-65 elected under Section 11 of this Act. 12-66 (d) Permanent directors serve staggered four-year terms. 12-67 (e) Each director must qualify to serve as director in the 12-68 manner provided by Section 49.055, Water Code. 12-69 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 13-1 directors is composed of: 13-2 (1) Warren Johnson; 13-3 (2) Norman Lowery; 13-4 (3) Claire Mason; 13-5 (4) Kenneth McFarland; 13-6 (5) Jeanie Turk; 13-7 (6) Burt Shivers; and 13-8 (7) Paul Fontenot. 13-9 (b) If a temporary director fails to qualify for office, the 13-10 temporary directors who have qualified shall appoint a person to 13-11 fill the vacancy. If at any time there are fewer than seven 13-12 qualified temporary directors for any other reason, the Texas 13-13 Natural Resource Conservation Commission shall appoint the 13-14 necessary number of persons to fill all vacancies on the board. 13-15 (c) As soon as all temporary directors have qualified, the 13-16 directors shall meet and elect a chairman and vice chairman from 13-17 among their membership and other officers as necessary. 13-18 SECTION 9. BENEFIT HEARING; APPEAL. (a) As soon as 13-19 practicable after all temporary directors have qualified and 13-20 officers have been elected as provided by Section 8 of this Act, 13-21 the temporary board of directors shall set a date for a hearing to 13-22 determine whether the land to be included in the district will be 13-23 benefited by the creation of the district. 13-24 (b) After a date is set for the hearing, the temporary board 13-25 of directors shall give notice of the hearing and shall hold the 13-26 hearing and issue an order stating its final decision in the manner 13-27 provided by Chapter 2001, Government Code. In addition to other 13-28 notice required by law, the temporary board of directors shall 13-29 publish notice in a newspaper with general circulation in the area 13-30 of the district once a week for two consecutive weeks, the first 13-31 publication to be made at least 30 days before the date set for the 13-32 hearing. 13-33 (c) After the hearing, if the temporary board of directors 13-34 finds that the creation of the district will be a benefit to land 13-35 included in the district, the temporary board of directors shall 13-36 make that finding and by order shall confirm the boundaries of the 13-37 district as described in Section 3 of this Act. 13-38 (d) In making its decision, if the temporary board of 13-39 directors finds that a part of the land to be included in the 13-40 district will not be benefited by creation of the district, the 13-41 temporary board of directors shall make this finding and by order 13-42 exclude the nonbenefited land from the proposed district and redraw 13-43 the boundaries of the district to conform to this change. 13-44 (e) The temporary board of directors shall mail to the Texas 13-45 Natural Resource Conservation Commission the order confirming or 13-46 redrawing the boundaries of the district. 13-47 (f) The order of the temporary board of directors confirming 13-48 or redrawing the boundaries of the district may be appealed as 13-49 provided by Chapter 2001, Government Code. 13-50 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 13-51 (a) After a hearing has been held and the temporary board of 13-52 directors has confirmed or redrawn the boundaries of the district 13-53 as provided by Section 9 of this Act, the temporary board of 13-54 directors shall call and hold an election to confirm establishment 13-55 of the district and to elect seven initial directors as provided by 13-56 Chapter 49, Water Code. 13-57 (b) Subsection (a), Section 41.001, Election Code, does not 13-58 apply to a confirmation election held as provided by this section. 13-59 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 13-60 Saturday in May of the first even-numbered year after the year in 13-61 which the confirmation election is held, an election shall be held 13-62 in the district for the election at large of three directors who 13-63 shall each serve two-year terms and four directors who shall each 13-64 serve four-year terms. Thereafter, on the same date in each 13-65 subsequent even-numbered year, the appropriate number of directors 13-66 shall be elected to the board. 13-67 (b) The directors elected at the election described in 13-68 Subsection (a) of this section may assign a position number to each 13-69 director's seat, after which directors shall be elected by 14-1 position. 14-2 SECTION 12. ADDITIONAL POWERS. (a) The district as a 14-3 stormwater control district may issue bonds to provide for all 14-4 improvements and the maintenance of those improvements necessary to 14-5 achieve the purposes of Section 59, Article XVI, Texas 14-6 Constitution, and may provide for the payment of the bonds through 14-7 ad valorem taxes and revenues collected for that purpose as 14-8 authorized by Chapter 66, Water Code. 14-9 (b) The district may acquire land, materials, waste grounds, 14-10 easements, rights-of-way, and everything considered necessary for 14-11 the purpose of accomplishing any one or more of the authorized 14-12 functions of the district. 14-13 (c) The district shall have the right to acquire property by 14-14 gift, grant, or purchase, and the right to acquire property shall 14-15 include property considered necessary for the construction, 14-16 improvement, extension, enlargement, operation, or maintenance of 14-17 the plants, works, improvements, facilities, equipment, or 14-18 appliances of the district. 14-19 (d) The district may acquire either the fee simple title to 14-20 or an easement on all land, both public and private, either inside 14-21 or outside the boundaries and may acquire the title to or an 14-22 easement on property other than land held in fee. 14-23 (e) The district may also lease property on terms and 14-24 conditions the board of directors determines to be advantageous to 14-25 the construction, improvement, extension, enlargement, operation, 14-26 or maintenance of the plants, works, improvements, facilities, 14-27 equipment, or appliances of the district. 14-28 (f) The district may acquire either the fee simple title to 14-29 or an easement on all land, both public and private, either inside 14-30 or outside the boundaries and may acquire the title to or an 14-31 easement on property other than land held in fee. 14-32 (g) The district may also lease property on terms and 14-33 conditions the board of directors determines to be advantageous to 14-34 the district. 14-35 (h) The district may acquire any land, easements, or other 14-36 property inside the district or within five miles of the district 14-37 solely for sewer, water, storm drainage, and flood drainage 14-38 connections when necessary by condemnation and may elect to condemn 14-39 either the fee simple title or an easement only. 14-40 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 14-41 (a) The proper and legal notice of the intention to introduce this 14-42 Act, setting forth the general substance of this Act, has been 14-43 published as provided by law, and the notice and a copy of this Act 14-44 have been furnished to all persons, agencies, officials, or 14-45 entities to which they are required to be furnished by the 14-46 constitution and other laws of this state, including the governor, 14-47 who has submitted the notice and Act to the Texas Natural Resource 14-48 Conservation Commission. 14-49 (b) The Texas Natural Resource Conservation Commission has 14-50 filed its recommendations relating to this Act with the governor, 14-51 lieutenant governor, and speaker of the house of representatives 14-52 within the required time. 14-53 (c) All requirements of the constitution and laws of this 14-54 state and the rules and procedures of the legislature with respect 14-55 to the notice, introduction, and passage of this Act are fulfilled 14-56 and accomplished. 14-57 SECTION 14. EMERGENCY. The importance of this legislation 14-58 and the crowded condition of the calendars in both houses create an 14-59 emergency and an imperative public necessity that the 14-60 constitutional rule requiring bills to be read on three several 14-61 days in each house be suspended, and this rule is hereby suspended, 14-62 and that this Act take effect and be in force from and after its 14-63 passage, and it is so enacted. 14-64 * * * * *