By Callegari H.B. No. 1842
77R6836 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the West Harris County Regional Water
1-4 Authority; granting the power of eminent domain; granting the
1-5 authority to issue bonds or notes; providing a civil penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. GENERAL PROVISIONS
1-8 SECTION 1.01. CREATION AND PURPOSES. (a) A regional water
1-9 authority, to be known as the West Harris County Regional Water
1-10 Authority, is created in Harris County. The authority is a
1-11 governmental agency and a body politic and corporate.
1-12 (b) The authority is created for the purposes authorized
1-13 under Section 59, Article XVI, Texas Constitution. The authority
1-14 is created under and is essential to accomplish the purposes
1-15 provided by Section 59, Article XVI, Texas Constitution, including
1-16 without limitation the acquisition and provision of surface water
1-17 and groundwater for residential, commercial, industrial,
1-18 agricultural and other uses, the reduction of groundwater
1-19 withdrawals, and other public purposes stated in this Act.
1-20 SECTION 1.02. DEFINITIONS. In this Act:
1-21 (1) "Agricultural crop" means food or fiber
1-22 commodities grown for resale or commercial purposes that provide
1-23 food, clothing, or animal feed.
1-24 (2) "Authority" means the West Harris County Regional
2-1 Water Authority.
2-2 (3) "Board" means the board of directors of the
2-3 authority.
2-4 (4) "Commission" means the Texas Natural Resource
2-5 Conservation Commission, or its successor.
2-6 (5) "Director" means a member of the board.
2-7 (6) "District" means any district created by authority
2-8 of Sections 52(b)(1) and (2), Article III, or Section 59, Article
2-9 XVI, Texas Constitution, regardless of how created. The term
2-10 "district" shall not include any navigation district or port
2-11 authority created under general or special law, or any conservation
2-12 and reclamation district governed by Chapter 36, Water Code.
2-13 (7) "Extraterritorial jurisdiction" means the
2-14 extraterritorial jurisdiction of a municipality as determined
2-15 pursuant to Chapter 42, Local Government Code.
2-16 (8) "Groundwater Reduction Plan" means a plan adopted
2-17 or implemented to supply water, reduce reliance on groundwater,
2-18 regulate groundwater pumping and water usage, require and allocate
2-19 water usage among persons, or comply with subsidence district
2-20 rules, orders, regulations, or requirements.
2-21 (9) "Local government" means a municipality, county,
2-22 district, or other political subdivision of this state or a
2-23 combination of two or more of those entities.
2-24 (10) "Person" means an individual, corporation,
2-25 organization, government or governmental subdivision or agency,
2-26 district, local government, business trust, estate, trust,
2-27 partnership, association, or any other legal entity.
3-1 (11) "Subsidence" means the lowering in elevation of
3-2 the surface of land by the withdrawal of groundwater.
3-3 (12) "Subsidence district" means the Harris-Galveston
3-4 Coastal Subsidence District.
3-5 (13) "System" means a network of pipelines, conduits,
3-6 valves, canals, pumping stations, force mains, treatment plants,
3-7 and any other construction, device, or related appurtenance used to
3-8 treat or transport water.
3-9 (14) "Water" includes:
3-10 (A) groundwater, percolating or otherwise;
3-11 (B) any surface water, natural or artificial,
3-12 navigable or nonnavigable; and
3-13 (C) industrial and municipal wastewater.
3-14 (15) "Well" means a facility, device, or method used
3-15 to withdraw groundwater from the groundwater supply within the
3-16 authority.
3-17 SECTION 1.03. DESCRIPTION OF BOUNDARIES. (a) The authority
3-18 includes the territory that is contained in the following area,
3-19 whether or not the territory contains noncontiguous parcels of land
3-20 or whether or not the territory is located within the boundaries of
3-21 any other governmental entity or political subdivision of the
3-22 state:
3-23 TRACT-1
3-24 BEGINNING at the intersection of the easterly right-of-way of
3-25 Kickapoo Road with the northerly line of U. S. Highway 290
3-26 (Hempstead Highway);
3-27 THENCE, southeasterly along the northerly line of U. S. Highway 290
4-1 to its intersection with the easterly right-of-way line of
4-2 Brittmore Road;
4-3 THENCE, generally along the current City of Houston corporate
4-4 limits the following:
4-5 southerly along the easterly right-of-way line of Brittmore
4-6 Road to its intersection with the northerly right-of-way line of
4-7 West Little York Road;
4-8 easterly along the northerly right-of-way line of West Little
4-9 York Road to its intersection with the most easterly westerly
4-10 boundary of the former Northwest Harris County MUD 25 as it existed
4-11 on December 4, 1996;
4-12 southerly along the most easterly westerly boundary of the
4-13 former Northwest Harris County MUD 25 to the most southerly
4-14 southerly boundary of the former Northwest Harris County MUD 25 as
4-15 it existed on December 4, 1996;
4-16 easterly along the most southerly southerly boundary of the
4-17 former Northwest Harris County MUD 25 as it existed on December 4,
4-18 1996 to the westerly right-of-way line of the West Sam Houston
4-19 Parkway North;
4-20 southerly along the westerly right-of-way line of the West
4-21 Sam Houston Parkway North to the southerly line of the E.
4-22 Friedenhaus Survey, Abstract 1185;
4-23 westerly along the southerly line of the E. Friedenhaus
4-24 Survey, Abstract 1185 to the southwest corner of said survey, same
4-25 being the northeast corner of the W. C. R. R. Survey, Abstract 917;
4-26 southerly along the westerly line of the W. C. R. R. Survey,
4-27 Abstract 917 to the northeasterly corner of a 29.9426 acre tract
5-1 which is a part of the former Westway Utility District as it
5-2 existed on December 31, 1994, same point being a corner in the
5-3 boundary of that former Westway Utility District;
5-4 westerly along the northerly boundary line of that 29.9426
5-5 acre tract, a distance of 1,174.8 feet more or less, to the
5-6 northwest corner of said tract, same corner being in the boundary
5-7 of that Westway Utility District;
5-8 westerly along the westerly extension, same course, of that
5-9 northerly boundary line to the easterly boundary line of a 104.126
5-10 acre tract which is a part of that Westway Utility District;
5-11 northerly along the easterly line of that 104.126 acre tract,
5-12 same line being a boundary of that Westway Utility District, to the
5-13 northeast corner of said tract;
5-14 westerly along the northerly line of said tract, a distance
5-15 of 1,526.52 feet more or less, to the most westerly northwest
5-16 corner of that Westway Utility District;
5-17 southerly along the most westerly west boundary line of that
5-18 Westway Utility District, a distance of 1,826.07 feet more or less,
5-19 to its intersection with the southerly line of the W. C. R. R.
5-20 Survey, Abstract 919;
5-21 westerly along the southerly line of that W.C. R. R. Survey,
5-22 Abstract 919 to the northeast corner of the U.S. Government Addicks
5-23 Reservoir tract AR-130;
5-24 in a northerly and northwesterly direction along the easterly
5-25 and northeasterly lines of the U.S. Government Addicks Reservoir
5-26 tracts A-132 and A-133 as follows:
5-27 N 01 09' W, 662.5 feet;
6-1 N 23 50' W, 1592.3 feet;
6-2 N 46 31' W, 1763.1 feet;
6-3 N 46 31' W, a distance of 3416.3 feet, for corner;
6-4 S 43 29' W, along a northwesterly line of the U.S.
6-5 Government Addicks Reservoir tract AR-133, a distance of 553.9
6-6 feet, for corner;
6-7 S 02 21' E, along the west line of the U.S. Government
6-8 Addicks Reservoir tract AR-133, a distance of 2169.9 feet, to the
6-9 southwest corner of said tract;
6-10 S 88 04' W, along the north line of the U.S. Government
6-11 Addicks Reservoir tract AR-124, same being the north line of the J.
6-12 E. Lester Survey, A-1612, a distance of 500 feet more or less to
6-13 the northwest corner of said tract;
6-14 S 88 04' W, along the north line of the U.S. Government
6-15 Addicks Reservoir tract AR-123 and the north line of the J. E.
6-16 Lester Survey, A-1612, a distance of 1937.8 feet, to the northwest
6-17 corner of said tract;
6-18 S 02 30' E, along the most westerly west line of the U.S.
6-19 Government Addicks Reservoir tract AR-123, a distance of 616.3
6-20 feet, to a corner of said tract;
6-21 S 87 59' W, along the north line of the U.S. Government
6-22 Addicks Reservoir tract AR-120, same being the north line of the
6-23 Henry Noack Survey, A-1098, a distance of 2298.3 feet to the
6-24 northwest corner of the U.S. Government Addicks Reservoir tract
6-25 AR-120, said corner being in the easterly right-of-way line of
6-26 Addicks-Fairbanks Road;
6-27 S 87 59' W, along an easterly extension of the south line of
7-1 the U.S. Government Addicks Reservoir tract AR-142 across
7-2 Addicks-Fairbanks Road to the southeast corner of said tract;
7-3 N 08 40'W, along the westerly right-of-way line of
7-4 Addicks-Fairbanks Road, same also being the easterly line of the
7-5 U.S. Government Addicks Reservoir tract AR-142, a distance of 400.0
7-6 feet, to a point for corner;
7-7 N 59 32' W, along the northeasterly line of the U.S.
7-8 Government Addicks Reservoir tract AR-142, a distance of 4438.8
7-9 feet, to a point for corner;
7-10 N 02 15' W, along the most westerly east line of the U.S.
7-11 Government Addicks Reservoir tract AR-142, a distance of 1549.7
7-12 feet, to the south line of the U.S. Government Addicks Reservoir
7-13 tract AR-143;
7-14 N 87 49'E, along the south line of the U.S. Government
7-15 Addicks Reservoir tract AR-143, a distance of 449.9 feet, to the
7-16 southeast corner of said tract;
7-17 N 02 24 W, along the east line of the U.S. Government
7-18 Addicks Reservoir tract AR-143, a distance of 700.0 feet, to the
7-19 northeast corner of said tract;
7-20 S 87 49' W, along the north line of the U.S. Government
7-21 Addicks Reservoir tract AR-143, a distance of 950.0 feet, to the
7-22 east line of the U.S. Government Addicks Reservoir tract AR-77,
7-23 same being the east line of the Joseph McCalester Survey, A-541;
7-24 N 02 24'W, along the east line of the U.S. Government
7-25 Addicks Reservoir tract AR-77 and the east line of the Joseph
7-26 McCalester Survey, A-541, a distance of 593.3 feet, the northeast
7-27 corner of said tract and survey;
8-1 S 87 55' W, along the north line of the U.S. Government
8-2 Addicks Reservoir tract AR-77 and the north line of the Joseph
8-3 McCalester Survey, A-541, a distance of 3606.4 feet, to the
8-4 northwest corner of said tract and survey;
8-5 S 02 07' E, along the west line of the U.S. Government
8-6 Addicks Reservoir tract AR-77 and the west line of the Joseph
8-7 McCalester Survey, A-541, a distance of 4493.3 feet, to the
8-8 southwest corner of said tract and survey, same also being the
8-9 southeast corner of the Louis Bouillet Survey, A-156;
8-10 S 88 01' W, along the north line of the U.S. Government
8-11 Addicks Reservoir tract AR-76A, same being the north line of R. N.
8-12 Davis Survey, A-225, same also being the south line of the Louis
8-13 Bouillet Survey, A-156, a distance of 337.6 feet, to the northwest
8-14 corner of the U.S. Government Addicks Reservoir tract AR-76A;
8-15 S 02 03' E, along the west line of the U.S. Government
8-16 Addicks Reservoir tract AR-76A, a distance of 1344.1 feet, to the
8-17 southwest corner of said tract;
8-18 S 87 57' W, along the north line of the U.S. Government
8-19 Addicks Reservoir tract AR-76C, a distance of 150 feet more or
8-20 less, to the most easterly northwest corner of said tract;
8-21 S 01 57' E, along the most easterly west line of the U.S.
8-22 Government Addicks Reservoir tract AR-76C, a distance of 660.1 feet
8-23 for corner;
8-24 S 87 57' W, along the most southerly north line of the U.S.
8-25 Government Addicks Reservoir tract AR-76C, a distance of 835.0
8-26 feet, to the most westerly northwest corner of said tract;
8-27 S 01 57' E, along the west line of the U.S. Government
9-1 Addicks Reservoir tract AR-76C, a distance of 100.3 feet more or
9-2 less, to the northeast corner of the U.S. Government Addicks
9-3 Reservoir tract AR-76B;
9-4 S 88 31' W, along the north line of the U.S. Government
9-5 Addicks Reservoir tract AR-76B, a distance of 685.9 feet, to the
9-6 northwest corner of said tract;
9-7 S 02 04' E, along the west line of the U.S. Government
9-8 Addicks Reservoir tract AR-76B, a distance of 170 feet more or
9-9 less, to the northeast corner of the U.S. Government Addicks
9-10 Reservoir tract AR-144;
9-11 S 88 31' W, along the north line of the U.S. Government
9-12 Addicks Reservoir tract AR-144, a distance of 415.0 feet, to the
9-13 northwest corner of said tract, same being in the west line of the
9-14 R. N. Davis Survey, A-225;
9-15 S 02 10' E, along the west line of the U.S. Government
9-16 Addicks Reservoir tract AR-144 and the west line of the R. N. Davis
9-17 Survey, A-225, a distance of 300.0 feet, to the northeast corner of
9-18 the U.S. Government Addicks Reservoir tract AR-145;
9-19 S 88 31' W, along the north line of the U.S. Government
9-20 Addicks Reservoir tract AR-145, a distance of 700.0 feet, to the
9-21 northwest corner of said tract;
9-22 S 02 10' E, along the west line of the U.S. Government
9-23 Addicks Reservoir tract AR-145, a distance of 400.0 feet, to the
9-24 southwest corner of said tract, same being in the northerly
9-25 right-of-way line of Clay Road;
9-26 S 02 10' E, along the southerly extension of the west line
9-27 of the U.S. Government Addicks Reservoir tract AR-145 across Clay
10-1 Road to the southerly right-of-way line of Clay Road, same being in
10-2 the north line of the U.S. Government Addicks Reservoir tract
10-3 AR-63, to a point for corner;
10-4 S 88 31' W, along the southerly right-of-way line of Clay
10-5 Road and the north line of the U.S. Government Addicks Reservoir
10-6 tract AR-63, a distance of 1382.7 feet more or less to the
10-7 northwest corner of said tract;
10-8 S 01 55' E, along the west line of the U.S. Government
10-9 Addicks Reservoir tract AR-63, a distance of 70.1 feet, to the
10-10 northeast corner of the U.S. Government Addicks Reservoir tract
10-11 AR-141;
10-12 S 43 05'W, along a northwesterly line of the U.S. Government
10-13 Addicks Reservoir tract AR-141, a distance of 98.8 feet, for
10-14 corner;
10-15 S 01 55' E, along a northwesterly line of the U.S.
10-16 Government Addicks Reservoir tract AR-141, a distance of 460.0
10-17 feet, for corner;
10-18 S 23 34' W, along a northwesterly line of the U.S.
10-19 Government Addicks Reservoir tract AR-141, a distance of 700 feet
10-20 more or less, to easterly right-of-way line of State Highway No. 6
10-21 for corner;
10-22 in a southerly direction following the easterly line of State
10-23 Highway No. 6 to its intersection with a line bearing S 88 05' W,
10-24 said line being the easterly extension of the northerly line of the
10-25 U.S. Government Addicks Reservoir tract AR-40;
10-26 S 88 05'W, along the extension of the northerly line of the
10-27 U.S. Government Addicks Reservoir tract AR-40 across State Highway
11-1 No. 6, to the westerly right-of-way line of State Highway No. 6;
11-2 S 88 05'W, along the northerly line of the U.S. Government
11-3 Addicks Reservoir tract AR-40 to the most easterly northwest corner
11-4 of said tract;
11-5 S 02 12' E, along the most easterly west line of the U.S.
11-6 Government Addicks Reservoir tract AR-40, a distance of 423.8 feet,
11-7 for corner;
11-8 S 88 05' W, along the most southerly north line of the U.S.
11-9 Government Addicks Reservoir tract AR-40, a distance of 559.6 feet,
11-10 to the most westerly northwest corner of said tract, same being in
11-11 the east line of the U.S. Government Addicks Reservoir tract AR-39,
11-12 same also being in the east line of the E. Groschke Survey, A-301;
11-13 N 02 12' W, along the east line of the U.S. Government
11-14 Addicks Reservoir tract AR-39 and the east line of the E. Groschke
11-15 Survey, A-301, a distance of 424 feet more or less, to the
11-16 northeast corner of said tract and survey, same being in the
11-17 southerly right-of-way line of Pine Forest Road;
11-18 S 88 05' W, along the southerly right-of-way line of Pine
11-19 Forest Road and the northerly lines of the U.S. Government Addicks
11-20 Reservoir tracts AR-37, 38A, 38B, 38C, and 39, a distance of 3760.8
11-21 feet, to the northwest corner of the U.S. Government Addicks
11-22 Reservoir tract AR-37, same being in the east line of the U.S.
11-23 Government Addicks Reservoir tract AR-36;
11-24 N 02 19' W, along the east line of the U.S. Government
11-25 Addicks Reservoir tract AR-36, a distance of 120 feet more or less,
11-26 to the most easterly northeast corner of said tract;
11-27 following the northeasterly line of the U.S. Government
12-1 Addicks Reservoir tract AR-36 along a curve to the right having a
12-2 radius of 100 feet, arc of 155.7 feet and chord N 46 55' W, 140.4
12-3 feet, to the most westerly northeast corner of said tract;
12-4 S 88 29' W, along the northerly line of the U.S. Government
12-5 Addicks Reservoir tract AR-36, a distance of 160 feet more or less,
12-6 to the southerly extension of the east line of the U.S. Government
12-7 Addicks Reservoir tract AR-147 to a point for corner;
12-8 N 01 51' W, along the southerly extension of the U.S.
12-9 Government Addicks Reservoir tract AR-147 across Clay Road to the
12-10 southeast corner of the U.S. Government Addicks Reservoir tract
12-11 AR-147, same being in the northerly right-of-way line of Clay Road;
12-12 N 01 51' W, along the east line of the U.S. Government
12-13 Addicks Reservoir tract AR-147 to the northeast corner of said
12-14 tract;
12-15 S 88 29' W, along the north line of the U.S. Government
12-16 Addicks Reservoir tract AR-147, a distance of 1250.0 feet, to the
12-17 northwest corner of said tract;
12-18 S 01 51' E, along the west line of the U.S. Government
12-19 Addicks Reservoir tract AR-147 to the southwest corner of said
12-20 tract, same being in the northerly right-of-way line of Clay Road;
12-21 S 01 51' E, along a southerly extension of the east line of
12-22 the U.S. Government Addicks Reservoir tract AR-147 across Clay Road
12-23 to the north line of the U.S. Government Addicks Reservoir tract
12-24 AR-36, same being the southerly right-of-way line of Clay Road, to
12-25 a point for corner;
12-26 S 88 29' W, along the north line of the U.S. Government
12-27 Addicks Reservoir tract AR-36 and the southerly right-of way line
13-1 of Clay Road, a distance of 1075 feet more or less, to the
13-2 northwest corner of said tract, same being in the west line of the
13-3 John Page Survey, A-634;
13-4 S 02 18' E, along the west line of the U.S. Government
13-5 Addicks Reservoir tract AR-36 and the west line of the John Page
13-6 Survey, A-634, a distance of 750 feet more or less to the northeast
13-7 corner of the U.S. Government Addicks Reservoir tract AR-146;
13-8 S 88 29' W, along the north line of the U.S. Government
13-9 Addicks Reservoir tract AR-146, a distance of 1132.6 feet, to the
13-10 northwest corner of said tract;
13-11 S 02 18' E, along the west line of the U.S. Government
13-12 Addicks Reservoir tract AR-146, a distance of 1250.0, feet to the
13-13 southwest corner of said tract;
13-14 N 88 29'E, along the south line of the U.S. Government
13-15 Addicks Reservoir tract AR-146, a distance of 1132.6 feet, to the
13-16 southeast corner of said tract, same being on the west line of the
13-17 John Page Survey, A-634, same also being a corner of the U.S.
13-18 Government Addicks Reservoir tract AR-36;
13-19 along the southwesterly lines of the U.S. Government Addicks
13-20 Reservoir tract AR-36 as follows:
13-21 S 48 32' E, 1960.5 feet;
13-22 S 14 59' E, 1904.6 feet, to the most easterly southeast
13-23 corner of the U.S. Government Addicks Reservoir tract AR-36, same
13-24 being in the northerly right-of-way line of Groschke Road;
13-25 S 01 05' E, along the northerly extension of the west line
13-26 of the U.S. Government Addicks Reservoir tract AR-35 across said
13-27 Groschke Road to the southerly right-of-way line of said Groschke
14-1 Road, to the northwest corner of the U.S. Government Addicks
14-2 Reservoir tract AR-35;
14-3 S 01 05' E, along the west line of the U.S. Government
14-4 Addicks Reservoir tract AR-35, a distance of 1260.7 feet, to the
14-5 southwest corner of said tract, same being in the north line of the
14-6 U.S. Government Addicks Reservoir tract AR-19;
14-7 S 87 46' W, along the north line of the U.S. Government
14-8 Addicks Reservoir tract AR-19, a distance of 1740 feet more or
14-9 less, to the northwest corner of said tract, same being in the
14-10 easterly right-of-way line of Groschle Road;
14-11 N 02 18' W, along the easterly right-of-way line of said
14-12 Groschke Road, a distance of 25 feet more or less, to its
14-13 intersection with a line bearing S 87 54' W, said line being the
14-14 easterly extension of the north line of the U.S. Government Addicks
14-15 Reservoir tract AR-154;
14-16 S 87 54' W, crossing said Groschke Road to the northeast
14-17 corner of the U.S. Government Addicks Reservoir tract AR-154, same
14-18 being in the westerly right-of-way of said Groschke Road;
14-19 S 87 54' W, along the north line of the U.S. Government
14-20 Addicks Reservoir tract AR-154, a distance of 1101.0 feet, to the
14-21 Northwest corner of said tract, same being in the east line of the
14-22 U.S. Government Addicks Reservoir tract AR-155;
14-23 N 02 18' W, along the east line of the U.S. Government
14-24 Addicks Reservoir tract AR-155, a distance of 550.0 feet, to the
14-25 northeast corner of said tract;
14-26 S 87 54' W, along the north line of the U.S. Government
14-27 Addicks Reservoir tract AR-155, a distance of 1000.0 feet, to the
15-1 northwest corner of said tract;
15-2 S 02 18' E, along the west line of the U.S. Government
15-3 Addicks Reservoir tract AR-155, a distance of 900.0 feet, to the
15-4 southwest corner of said tract, same being in the northerly
15-5 right-of-way of Groschke Road;
15-6 S 02 18' E, along the southerly extension of the west line
15-7 of the U.S. Government Addicks Reservoir tract AR-155, crossing
15-8 said Groschke Road to the southerly right-of-way line of said
15-9 Groschke Road, same being the north line of the U.S. Government
15-10 Addicks Reservoir tract AR-152, to a point for corner;
15-11 S 87 54' W, along the north line of the U.S. Government
15-12 Addicks Reservoir tract AR-152 and the southerly right-of-way line
15-13 of Groschke Road, a distance of 1840 feet more or less, to the
15-14 northwest corner of the U.S. Government Addicks Reservoir tract
15-15 AR-152;
15-16 S 01 36' E, along the west line of the U.S. Government
15-17 Addicks Reservoir tract AR-152, same being the westerly line of the
15-18 George F. Richards Survey, A-647, a distance of 1390.0 feet, to the
15-19 northeast corner of the U.S. Government Addicks Reservoir tract
15-20 AR-153;
15-21 S 87 59' W, along the north line of the U.S. Government
15-22 Addicks Reservoir tract AR-153, a distance of 863.8 feet, to the
15-23 northwest corner of said tract;
15-24 S 01 59' E, along the west line of the U.S. Government
15-25 Addicks Reservoir tract AR-153, a distance of 649.9 feet, to the
15-26 southwest corner of said tract;
15-27 S 01 59' E, along the southerly extension of the west line
16-1 of the U.S. Government Addicks Reservoir tract AR-153, a distance
16-2 of 20 feet to the north line of the U.S. Government Addicks
16-3 Reservoir tract AR-16 for corner;
16-4 S 87 59' W, along the north line of the U.S. Government
16-5 Addicks Reservoir tract AR-16, a distance of 2627.9 feet, to the
16-6 northwest corner of said tract;
16-7 S 02 40' E, along the west line of the U.S. Government
16-8 Addicks Reservoir tract AR-16, to its intersection with an easterly
16-9 extension of the north line of the U.S. Government Addicks
16-10 Reservoir tract AR-151, to a point for corner;
16-11 S 87 57' W, along the easterly extension of the north line
16-12 of the U.S. Government Addicks Reservoir tract AR-151, to the
16-13 northeast corner of said tract;
16-14 S 87 57' W, along the north line of the U.S. Government
16-15 Addicks Reservoir tract AR-151, a distance of 3431.4 feet, to the
16-16 northwest corner of said tract;
16-17 in a southerly direction along the west line of the U.S.
16-18 Government Addicks Reservoir tract AR-151 as follows:
16-19 S 01 34' E, 688.9 feet;
16-20 S 88 26' W, 10.0 feet;
16-21 S 01 34' E, 775.0 feet;
16-22 S 88 26' W, 10.0 feet;
16-23 S 01 34' E, 220.0 feet, to the southwest corner of the U.S.
16-24 Government Addicks Reservoir tract AR-151;
16-25 N 88 10' E, along the southerly line of the U.S. Government
16-26 Addicks Reservoir tract AR-151, to its intersection with the
16-27 northerly extension, in the same course, of the most westerly
17-1 boundary line of the former Park Ten MUD as it existed on December
17-2 22, 1992, also the City of Houston corporate limits;
17-3 southerly along that extension the City of Houston corporate
17-4 limits and the westerly boundary of the former Park Ten MUD as it
17-5 existed December 22, 1992 and its southerly extension, in the same
17-6 course, to its intersection with a northerly line of the U.S.
17-7 Government Addicks Reservoir Tracts AR-5, 4, 3, 2 and 1 for corner;
17-8 S 88 41' W, along the northerly lines of the U.S. Government
17-9 Addicks Reservoir tracts AR-5, 4, 3, 2, and 1, to the northwest
17-10 corner of the U.S. Government Addicks Reservoir tract AR-1;
17-11 S 01 19' E, along the west line of the U.S. Government
17-12 Addicks Reservoir tract AR-1, a distance of 450.0 feet, to the
17-13 southwest corner of said tract;
17-14 N 88 41' E, along the southerly lines of the U.S. Government
17-15 Addicks Reservoir to its intersection with a westerly boundary of
17-16 the former Park Ten MUD as it existed December 22, 1992;
17-17 southerly along this westerly Park Ten MUD boundary as it
17-18 existed on December 22, 1992 to its intersection with the northerly
17-19 right-of-way of the Union Pacific Railroad;
17-20 easterly along the north right-of-way of the Union Pacific
17-21 Railroad to its intersection with the northerly extension, in the
17-22 same course, of the westerly boundary of the former West Harris
17-23 County MUD 1 as it existed on December 29, 1982;
17-24 southerly along that extension of the westerly boundary of
17-25 the former West Harris County MUD 1 as it existed on December 29,
17-26 1982 and that said boundary to its intersection with the northerly
17-27 lines of the U.S. Government Barker Reservoir tracts BR-58, 59, 60,
18-1 61, 62, 63, 64, 65, 66, 67, and 69 for corner;
18-2 S 88 27' W, along the northerly lines of the U.S. Government
18-3 Barker Reservoir tracts BR-58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
18-4 and 69, to the northwest corner of the U.S. Government Barker
18-5 Reservoir tract BR-69, said corner being in the east right-of-way
18-6 line of Barker-Clodine Road;
18-7 S 88 27' W, a distance of 60 feet more or less, crossing
18-8 Barker-Clodine Road to the westerly right-of-way line of
18-9 Barker-Clodine Road;
18-10 S 88 27' W, along the north line of the U.S. Government
18-11 Barker Reservoir tract BR-71, a distance of 1776.7 feet, to the
18-12 northwest corner of said tract;
18-13 S 01 33' E, along the west line of the U.S. Government
18-14 Barker Reservoir tract BR-71, a distance of 579.9 feet, to the
18-15 southwest corner of said tract;
18-16 N 88 27' E, along the south line of the U.S. Government
18-17 Barker Reservoir tract BR-71, a distance of 1780.9 feet, to the
18-18 southeast corner of said tract, said corner being in the westerly
18-19 right-of-way line of Barker-Clodine Road;
18-20 N 88 27' E, a distance of 60 feet more or less, crossing
18-21 Barker-Clodine Road to the easterly right-of-way of said road;
18-22 N 88 27' E, along a southerly line of the U.S. Government
18-23 Barker Reservoir tract BR-69, a distance of 931.6 feet, to a point
18-24 for corner;
18-25 continuing along the northwesterly lines of the U.S.
18-26 Government Barker Reservoir tracts BR-69 and BR-74 as follows:
18-27 S 16 08' W, 303.4 feet;
19-1 S 11 36' W, 1093.8 feet;
19-2 S 41 11' W, 898.3 feet, to the easterly right-of-way line of
19-3 Barker-Clodine Road for corner;
19-4 southerly along the easterly right-of-way line of
19-5 Barker-Clodine Road to its intersection with an imaginary line
19-6 perpendicular and at right angles to the easterly right-of-way line
19-7 of said road, said perpendicular line also terminating at the
19-8 intersection of the westerly right-of-way line of Barker-Clodine
19-9 Road and the northerly lines of the U.S. Government Barker
19-10 Reservoir tract BR-72;
19-11 westerly along said imaginary line, crossing Barker-Clodine
19-12 Road, to the westerly right-of-way line of said road;
19-13 continuing along the northerly and westerly lines of the U.S.
19-14 Government Barker Reservoir tract BR-72 as follows:
19-15 S 51 48' W, 443.9 feet;
19-16 S 26 59' W, 570.6 feet;
19-17 S 72 54' W, 682.5 feet;
19-18 N 70 22' W, 1161.9 feet;
19-19 S 89 53' W, 1491.4 feet;
19-20 S 07 05' W, 595.0 feet;
19-21 S 84 44' E, 742.0 feet;
19-22 S 18 02' E, 1149.9 feet;
19-23 S 08 59' W, 648.7 feet;
19-24 S 33 25' W, 684.2 feet;
19-25 S 45 06' W, 544.8 feet;
19-26 S 22 01' W, 637.7 feet;
19-27 S 50 53' W, 473.2 feet, to the most westerly southwest
20-1 corner of the U.S. Government Barker Reservoir tract BR-72;
20-2 S 88 02' W, along the northerly line of the U.S. Government
20-3 Barker Reservoir tract BR-85, a distance of 350 feet more or less,
20-4 to the northwest corner of said tract;
20-5 S 02 01' E, along the westerly line of the U.S. Government
20-6 Barker Reservoir tract BR-85, same being the west line of the John
20-7 Cunningham Survey, A-193, a distance of 240 feet more or less, to
20-8 the northeast corner of the Joseph Habermacher Survey, A-356;
20-9 S 88 18' W, along the northerly line of the Joseph
20-10 Habermacher Survey, A-356, a distance of 229.9 feet, to a point for
20-11 corner;
20-12 continuing in a southerly and westerly direction following
20-13 the westerly lines of the U.S. Government Barker Reservoir tracts
20-14 BR-86, BR-87, and BR-27 as follows:
20-15 S 25 39' W, 1168.5 feet;
20-16 S 70 42' W, 959.5 feet;
20-17 S 23 36' W, 413.2 feet;
20-18 S 73 42' W, 407.3 feet;
20-19 S 00 22' E, 112.8 feet;
20-20 S 89 38' W, 34.9 feet;
20-21 N 00 22' W, 451.0 feet;
20-22 N 25 21' W, 303.9 feet;
20-23 N 47 34' W, 400.4 feet;
20-24 S 12 33' E, 1746.4 feet;
20-25 S 52 42' W, 589.2 feet;
20-26 S 17 31' W, 425.7 feet;
20-27 S 43 31' W, 887.4 feet;
21-1 S 48 26' W, 912.2 feet;
21-2 S 69 31' W, 945.9 feet;
21-3 S 48 11' W, 1297.9 feet;
21-4 S 51 53' W, 367.9 feet;
21-5 S 89 06' W, 1323.0 feet;
21-6 S 34 04' E, 431.7 feet;
21-7 S 23 03' E, 196.5 feet;
21-8 S 30 27' W, 398.4 feet;
21-9 S 45 01' W, 199.5 feet;
21-10 S 64 35' W, 299.6 feet;
21-11 S 18 03' E, 398.0 feet;
21-12 S 11 03' E, 648.1 feet;
21-13 S 37 55' W, 587.2 feet;
21-14 S 23 42' W, 1178.3 feet;
21-15 N 59 10' W, 517.8 feet;
21-16 S 23 32' W, to the Harris County - Fort Bend County line;
21-17 THENCE, northwesterly along the Harris County - Fort Bend County
21-18 line to its intersection with the Waller County line;
21-19 THENCE, northwesterly along the Harris County - Waller County line
21-20 to its intersection with the easterly right-of-way line of Mathis
21-21 Road;
21-22 THENCE, northerly along the easterly right-of-way line of Mathis
21-23 Road to its intersection with the southerly right-of-way line of
21-24 Burton Cemetery Road;
21-25 THENCE, easterly along the southerly right-of-way line of Burton
21-26 Cemetery Road to its intersection with the westerly right-of-way
21-27 line of Kickapoo Road;
22-1 THENCE, easterly along an extension, in the same course, of the
22-2 southerly right-of-way of Burton Cemetery Road across Kickapoo Road
22-3 to the easterly right-of-way line of Kickapoo Road;
22-4 THENCE, northerly along the easterly right-of-way of Kickapoo Road
22-5 to the southerly right-of-way of U.S. Highway 290;
22-6 THENCE, northerly along an extension, in the same course, of the
22-7 easterly right-of-way line of Kickapoo Road to northerly
22-8 right-of-way line of U.S. Highway 290 and the POINT OF BEGINNING.
22-9 TRACT - 2
22-10 BEGINNING at the intersection of the Harris County - Fort Bend
22-11 County line with the southeasterly right-of-way line of F. M. 1093
22-12 (Westheimer Road);
22-13 THENCE, northeasterly along Westheimer Road to the most northerly
22-14 northwest corner of Harris County Municipal Utility District No.
22-15 120 as it existed on December 28, 2000;
22-16 THENCE, easterly and southerly along the northerly and easterly
22-17 boundaries of said Harris County Municipal Utility District No. 120
22-18 as it existed on December 28, 2000, as follows;
22-19 S 89 48' 19" E, 1922.39 feet;
22-20 S 00 01' 37" W, 982.06 feet;
22-21 N 89 52' 02" E, 2592.41 feet, to the westerly right-of-way
22-22 line of State Highway No. 6;
22-23 THENCE, southerly along the west right-of-way line of State Highway
22-24 No. 6 to Westpark Drive;
22-25 THENCE, along an easterly extension of Westpark Drive to a line
22-26 being a southerly extension, same course, of the westerly boundary
22-27 of West Harris County Municipal Utility District No. 6 as it
23-1 existed on December 28, 2000;
23-2 THENCE, northerly along said southerly extension to the southwest
23-3 corner of West Harris County Municipal Utility District No. 6 as it
23-4 existed on December 28, 2000;
23-5 THENCE, continuing northerly along the west boundary line of West
23-6 Harris County Municipal Utility District No. 6 to the northwest
23-7 corner of said District as it existed on December 28, 2000;
23-8 THENCE, easterly along the northerly boundaries of West Harris
23-9 County Municipal Utility District No. 6 and West Harris County
23-10 Municipal Utility District No. 16 as they existed on December 28,
23-11 2000 to the northeast corner of West Harris County Municipal
23-12 Utility District No. 16 as it existed on December 28, 2000;
23-13 THENCE, southerly along the easterly boundary of West Harris County
23-14 Municipal Utility District No. 16 as it existed on December 28,
23-15 2000 to the northerly line of the Rebecca Brown Survey, Abstract
23-16 148;
23-17 THENCE, westerly along the northerly line of the Rebecca Brown
23-18 Survey, Abstract 148 to the northwesterly corner of said Survey,
23-19 same being the northeast corner of the Martin Moran Survey,
23-20 Abstract 580;
23-21 THENCE, southerly along the easterly line of the Martin Moran
23-22 Survey, Abstract 580 to the northerly Southern Pacific Railroad
23-23 right-of-way line;
23-24 THENCE, easterly along the northerly Southern Pacific Railroad
23-25 right-of-way line to its intersection with a northerly extension,
23-26 same course, of the westerly line of the Stafford Smith Survey,
23-27 Abstract 1360;
24-1 THENCE, southerly along said northerly extension to the
24-2 northwesterly corner of the Stafford Smith Survey, Abstract 1360;
24-3 THENCE, continuing southerly along the westerly line of the
24-4 Stafford Smith Survey, Abstract 1360 to the southwest corner of
24-5 said Survey, same being in the northerly line of the Stafford Smith
24-6 Survey, Abstract 1362;
24-7 THENCE, easterly along the northerly line of the Stafford Smith
24-8 Survey, Abstract 1362 to the northeast corner of said Survey;
24-9 THENCE, southerly along the easterly line of the Stafford Smith
24-10 Survey, Abstract 1362 to Bissonett Road;
24-11 THENCE, southeasterly along Bissonett Road to Old Richmond Road;
24-12 THENCE southwesterly and westerly along Old Richmond Road to Synott
24-13 Road;
24-14 THENCE, southwesterly along Synott Road to the centerline of
24-15 Keegans Bayou;
24-16 THENCE, westerly along the center line of Keegans Bayou to its
24-17 intersection with the Harris County - Fort Bend County line;
24-18 THENCE, northwesterly along the Harris County - Fort Bend County
24-19 line to the POINT OF BEGINNING.
24-20 (b) In addition to the territory described in Subsection (a)
24-21 of this section, the authority shall include all territory, whether
24-22 located in Harris, Fort Bend, and/or Waller Counties, that is
24-23 located within the boundaries of any district or municipality that,
24-24 on the effective date of this Act, has all or any part of its
24-25 boundaries located within both the territory described by
24-26 subsection (a) of this section and within Fort Bend and/or Waller
24-27 Counties, whether or not the territory contains noncontiguous
25-1 parcels of land.
25-2 (c) Notwithstanding subsections (a) and (b) of this section,
25-3 the authority does not include any area that, on the effective date
25-4 of this Act, is inside the municipal limits of the City of Houston.
25-5 Notwithstanding subsections (a) and (b) of this section, the
25-6 authority does not include any area that, on the effective date of
25-7 this Act, is inside the municipal limits or extraterritorial
25-8 jurisdiction of the City of Jersey Village. Notwithstanding
25-9 subsections (a) and (b) of this section, the authority does not
25-10 include any area that, on the effective date of this Act, is inside
25-11 the territory of the North Harris County Regional Water Authority.
25-12 (d) Any local government created after the effective date of
25-13 this Act that encompasses any territory within the boundaries of
25-14 the authority shall, immediately upon such creation and any
25-15 necessary confirmation election, and without any action required of
25-16 the authority, be subject to all of the rights, powers, privileges,
25-17 and rules of the authority, as the territory was prior to the
25-18 creation and any necessary confirmation election of such local
25-19 government.
25-20 SECTION 1.04. FINDINGS RELATING TO BOUNDARIES. The
25-21 boundaries and field notes of the authority form closure. If a
25-22 mistake is made in the field notes or in copying the field notes in
25-23 the legislative process, it does not affect the authority's:
25-24 (1) organization, existence, or validity;
25-25 (2) right to issue any type of bond for the purposes
25-26 for which the authority is created or to pay the principal of and
25-27 interest on a bond;
26-1 (3) right to impose or collect a fee, rate, or charge;
26-2 or
26-3 (4) legality or operation.
26-4 SECTION 1.05. EXCLUSION OF CERTAIN TERRITORY. (a) Any
26-5 district or municipality that has all or any part of its boundaries
26-6 located, on the effective date of this Act, within the territory
26-7 described by section 1.03 (a) or section 1.03 (b) of this Act may
26-8 petition for exclusion of all of its territory from the authority's
26-9 boundaries by a petition signed by a majority of the governing body
26-10 of such district or municipality. The board shall:
26-11 (1) not later than February 28, 2002, grant the
26-12 petition and order the territory excluded if the petition:
26-13 (A) includes an accurate legal description of
26-14 the boundaries of the territory to be excluded; and
26-15 (B) the petition is filed with the authority
26-16 prior to December 31, 2001; and
26-17 (2) if the board grants the petition, file for
26-18 recording in the office of the county clerk for the applicable
26-19 county or counties a copy of the order and a description of the
26-20 authority's boundaries as they exist after the exclusion of the
26-21 territory.
26-22 (b) In the event a district or municipality is excluded from
26-23 the authority's boundaries pursuant to this section, the authority:
26-24 (1) shall not be required to provide water or any
26-25 other service to such district or municipality; and
26-26 (2) shall not be required to include such district or
26-27 municipality in any groundwater reduction plan adopted or
27-1 implemented by the authority.
27-2 (c) In the event a district or municipality excluded from
27-3 the authority's boundaries pursuant to this section thereafter
27-4 petitions the authority to be annexed pursuant to section 1.06 of
27-5 this Act, the authority may, but shall have no obligation to, annex
27-6 such district or municipality, and the authority may, as a
27-7 condition to annexation, require such terms and conditions
27-8 including penalty payments as deemed appropriate by the authority,
27-9 and including without limitation that such district or municipality
27-10 pay the authority the fees, with interest, that such district or
27-11 municipality would have been charged by the authority, as
27-12 determined by the authority, had such district or municipality not
27-13 been excluded from the authority pursuant to this section.
27-14 SECTION 1.06. ANNEXATION. (a) Except to the extent agreed
27-15 upon in writing by the authority, a municipality's annexation of
27-16 territory within the authority shall have no effect on the
27-17 authority's powers inside or outside the annexed territory, shall
27-18 have no effect on the authority's boundaries or contracts, and
27-19 shall have no effect on the authority's ability to assess fees,
27-20 rates, or charges inside or outside the territory annexed by the
27-21 municipality. The annexed territory shall remain part of the
27-22 authority for all purposes.
27-23 (b) Territory may be annexed to the authority, regardless of
27-24 whether it is contiguous to the authority, according to the laws
27-25 applicable to districts. Territory may be annexed to the authority
27-26 either before or after bonds of the authority are issued, and the
27-27 boundary change will not affect the validity of any such bonds.
28-1 (c) In addition to subsection (b) of this section,
28-2 regardless of whether the territory is contiguous to the authority,
28-3 the authority may annex territory that is located within a district
28-4 or municipality if such district or municipality files a petition
28-5 requesting annexation with the authority that is signed by a
28-6 majority of the governing body of such district or municipality.
28-7 The petition must include an accurate legal description of the
28-8 boundaries of the territory to be included. If the authority has
28-9 bonds, notes, or other obligations outstanding, the authority shall
28-10 require the petitioning district or municipality to assume its
28-11 share of the outstanding bonds, notes, or other obligations. The
28-12 board may grant the petition and order the territory described in
28-13 the petition included in the authority's territory if:
28-14 (1) it is feasible, practicable, and to the advantage
28-15 of the authority; and
28-16 (2) the authority's system and other improvements of
28-17 the authority are sufficient or will be sufficient to supply the
28-18 added territory without injuring the territory already included in
28-19 the authority. Territory may be annexed to the authority either
28-20 before or after bonds of the authority are issued, and the boundary
28-21 change will not affect the validity of any such bonds.
28-22 (d) All land that is annexed by districts located within the
28-23 authority shall become part of the boundaries of the authority,
28-24 without any action required of the authority, immediately upon the
28-25 effective date of any such annexation. The authority may pass rules
28-26 requiring all districts located within the authority to send
28-27 written notice to the authority of the effective date of any such
29-1 annexation and requiring any necessary documents from such
29-2 districts describing the annexed land and describing the district's
29-3 boundaries as they exist after inclusion of such land.
29-4 SECTION 1.07. DESCRIPTION OF VOTING DISTRICTS. The territory
29-5 included in the authority shall be comprised of nine single-member
29-6 voting districts as follows:
29-7 (A) Voting District No. 1 includes the territory
29-8 that is contained in the following area:
29-9 (To be inserted at a later date)
29-10 (B) Voting District No. 2 includes the territory
29-11 that is contained in the following area:
29-12 (To be inserted at a later date)
29-13 (C) Voting District No. 3 includes the territory
29-14 that is contained in the following area:
29-15 (To be inserted at a later date)
29-16 (D) Voting District No. 4 includes the territory
29-17 that is contained in the following area:
29-18 (To be inserted at a later date)
29-19 (E) Voting District No. 5 includes the territory
29-20 that is contained in the following area:
29-21 (To be inserted at a later date)
29-22 (F) Voting District No. 6 includes the territory
29-23 that is contained in the following area:
29-24 (To be inserted at a later date)
29-25 (G) Voting District No. 7 includes the territory
29-26 that is contained in the following area:
29-27 (To be inserted at a later date)
30-1 (H) Voting District No. 8 includes the territory
30-2 that is contained in the following area:
30-3 (To be inserted at a later date)
30-4 (I) Voting District No. 9 includes the territory
30-5 that is contained in the following area:
30-6 (To be inserted at a later date)
30-7 SECTION 1.08. APPLICABILITY OF OTHER LAW. (a) This Act
30-8 prevails over any inconsistent provision of general law.
30-9 SECTION 1.09. FINDING OF BENEFIT. All the land and other
30-10 property included within the boundaries of the authority will be
30-11 benefited by the works, projects, improvements, and services to be
30-12 provided by the authority under powers conferred by Section 59,
30-13 Article XVI, Texas Constitution, and this Act. The authority is
30-14 created to serve a public use and benefit, and the creation of the
30-15 authority will serve to promote the health, safety, and general
30-16 welfare of persons within the authority, and the general public.
30-17 SECTION 1.10. LIBERAL CONSTRUCTION OF THIS ACT. This Act
30-18 shall be liberally construed in conformity with the purposes stated
30-19 in this Act.
30-20 ARTICLE 2. DIRECTORS
30-21 SECTION 2.01. BOARD OF DIRECTORS. (a) The authority is
30-22 governed by a board of nine directors.
30-23 (b) A vacancy in the office of director shall be filled by
30-24 an appointment by the governing bodies of the districts and
30-25 municipalities whose boundaries are located within the voting
30-26 district in which such vacancy occurred. Such appointment process
30-27 shall follow the same procedures set forth in section 2.02 of this
31-1 Act; provided, however, that for purposes of such appointment
31-2 process only, the board may establish dates different than those
31-3 set forth in subsections (c) and (d) of section 2.02, but in no
31-4 event shall the date for the board's submission of the voting
31-5 results to each district and municipality be later than 120 days
31-6 after the vacancy occurs.
31-7 (c) To be eligible to serve as a director of the authority
31-8 or to be listed on a ballot for a voting district pursuant to
31-9 section 2.02 of this Act, an individual must have served for a
31-10 total of no less than four years as a director of one or more
31-11 districts and must otherwise qualify as a director of a district
31-12 within the voting district for which such individual is nominated.
31-13 SECTION 2.02. METHOD OF APPOINTMENT OF DIRECTORS. (a) One
31-14 director from each of nine single-member voting districts shall be
31-15 appointed by vote of the governing bodies of the districts and
31-16 municipalities located within the voting district. If a district or
31-17 municipality is located within two or more voting districts, then,
31-18 for purposes of this Article only, the district or municipality
31-19 shall be deemed to be located only within the voting district in
31-20 which the greatest amount of territory of the district or
31-21 municipality is located. A district or municipality whose territory
31-22 is not located within the authority is not entitled to vote for a
31-23 director of the board.
31-24 (b) The voting entitlement of a district or municipality is
31-25 determined by dividing the total water usage for such district or
31-26 municipality within the voting district in which such district or
31-27 municipality is located for the calendar year preceding the year in
32-1 which votes are due by the sum of the total water usage for that
32-2 year of all districts and municipalities within the voting district
32-3 in which such district or municipality is located. That number is
32-4 the total number of votes that a district or municipality may use
32-5 in voting for the director of a voting district. The board shall
32-6 determine the amount of water usage of all districts and
32-7 municipalities within a voting district. The board shall calculate
32-8 the number of votes to which each district and municipality is
32-9 entitled, and shall deliver written notice to the presiding officer
32-10 of each district and municipality of its voting entitlement. The
32-11 board may pass rules regarding the manner and timing of such
32-12 determinations and calculations, rules regarding reporting of water
32-13 usage to the authority by districts and municipalities, and rules
32-14 regarding the conduct and process of appointment of directors.
32-15 (c) The governing body of each district and municipality may
32-16 nominate one candidate by resolution adopted by its governing body
32-17 for the position of director for the voting district in which such
32-18 district or municipality is located. Each district and municipality
32-19 shall submit the name of the candidate to the presiding officer of
32-20 the authority by February 15 of each even-numbered year. Before
32-21 March 15 of each even-numbered year, the board shall prepare, for
32-22 each voting district, a ballot listing all the candidates for that
32-23 voting district, and shall provide a copy of the ballot to the
32-24 presiding officer of the governing body of each district or
32-25 municipality located within that voting district. No individual may
32-26 be listed as a candidate on the ballot of more than one voting
32-27 district. If a candidate is nominated in more than one voting
33-1 district, then such candidate must choose to be on the ballot of
33-2 only one voting district.
33-3 (d) The governing body of each district or municipality
33-4 shall determine its vote for director by resolution and submit it
33-5 to the presiding officer of the authority before May 1 of each
33-6 even-numbered year. In casting its vote for director, the
33-7 governing body of each district or municipality may vote for only
33-8 one candidate on the ballot for the voting district in which such
33-9 district or municipality is located. For each voting district, the
33-10 board shall count the votes, declare elected the candidate who
33-11 received the greatest number of votes from districts or
33-12 municipalities located within that voting district, and submit the
33-13 results before May 15 of each even-numbered year to the governing
33-14 body of each district or municipality within the authority.
33-15 (e) The board may redraw the single-member voting districts
33-16 in a manner that is reasonable and equitable:
33-17 (1) after any change in the boundaries of the
33-18 authority; or
33-19 (2) by a resolution redrawing the voting districts
33-20 adopted by a two-thirds majority of the board based on changed
33-21 circumstances.
33-22 SECTION 2.03. SERVICE OF DIRECTORS. (a) The directors shall
33-23 serve staggered four-year terms.
33-24 (b) A director serves until the director's successor has
33-25 been qualified for office.
33-26 SECTION 2.04. CONFIRMATION ELECTION. The authority shall not
33-27 be required to hold an election to confirm the establishment of the
34-1 authority.
34-2 SECTION 2.05. CONTRACTS. No election is required by the
34-3 authority for the approval of contracts entered into by the
34-4 authority.
34-5 ARTICLE 3. ADMINISTRATIVE PROVISIONS
34-6 SECTION 3.01. MEETINGS AND ACTIONS OF BOARD. (a) The board
34-7 may meet as many times each year as the board considers
34-8 appropriate. The laws pertaining to fees of office and
34-9 reimbursement of expenses that are applicable to a board of
34-10 directors of a district shall apply to the board of the authority.
34-11 (b) Directors of the authority shall be public officials and
34-12 shall be entitled to governmental immunity for their actions in
34-13 their capacity as directors and officers of the authority.
34-14 SECTION 3.02. GENERAL MANAGER. (a) The board may employ or
34-15 contract with a person to perform such services as general manager
34-16 for the authority as the board may from time to time specify. The
34-17 board may delegate to the general manager full authority to manage
34-18 and operate the affairs of the authority subject only to the orders
34-19 of the board.
34-20 (b) The board may delegate to the general manager the
34-21 authority to employ all persons necessary for the proper handling
34-22 of the business and operation of the authority and to determine the
34-23 compensation to be paid all employees other than the general
34-24 manager.
34-25 ARTICLE 4. POWERS AND DUTIES
34-26 SECTION 4.01. GENERAL POWERS AND DUTIES. (a) The authority
34-27 has all of the rights, powers, privileges, authority, functions,
35-1 and duties necessary and convenient to accomplish the purposes of
35-2 this Act, including those provided by Chapter 49, Water Code.
35-3 (b) The authority may:
35-4 (1) provide for the conservation, preservation,
35-5 protection, recharge, and prevention of waste of groundwater, and
35-6 for the reduction of groundwater withdrawals, in a manner
35-7 consistent with the purposes of Section 59, Article XVI, Texas
35-8 Constitution, and facilitate compliance with subsidence district
35-9 rules, orders, regulations, or requirements;
35-10 (2) acquire or develop surface water and groundwater
35-11 supplies from sources inside of or outside of the boundaries of the
35-12 authority and may conserve, store, transport, treat, purify,
35-13 distribute, sell, allocate, and deliver water to or among persons,
35-14 corporations, municipalities, municipal corporations, political
35-15 subdivisions of the state, and others, inside of and outside of the
35-16 boundaries of the authority;
35-17 (3) enter into contracts with persons inside of or
35-18 outside of the authority, including political subdivisions of the
35-19 state, on terms and conditions the board considers desirable, fair,
35-20 and advantageous for the performance of its rights, powers, and
35-21 authority under this Act;
35-22 (4) coordinate water services provided inside of,
35-23 outside of, or into the authority; and
35-24 (5) administer and enforce the provisions of the Act.
35-25 (c) The authority's rights, powers, privileges, authority,
35-26 functions, and duties are subject to the continuing right of
35-27 supervision of the state, to be exercised by and through the
36-1 Commission.
36-2 SECTION 4.02. AUTHORITY RULES. The authority may adopt and
36-3 enforce rules reasonably required to implement this Act, including
36-4 without limitation rules governing procedures before the board, and
36-5 rules regarding implementation, enforcement, and any other matters
36-6 related to the authority's water supply or groundwater reduction
36-7 plan.
36-8 SECTION 4.03. FEES, RATES, AND CHARGES. (a) The authority
36-9 may establish fees, rates, and charges, and classifications of fee
36-10 and rate payors, as necessary to enable the authority to fulfill
36-11 the authority's purposes provided by this Act.
36-12 (b) The authority may charge against the owner of a well
36-13 located within the authority's boundaries a fee on the amount of
36-14 water pumped from the well. The board may not apply the fee under
36-15 this subsection to water that is not pumped from a well. The board
36-16 shall make reasonable efforts to send districts and municipalities
36-17 within the authority written notice of the date, time, and location
36-18 of the meeting at which the board intends to adopt a proposed fee
36-19 under this subsection, and the amount of the proposed fee. The
36-20 board shall by rule exempt from the fee under this subsection those
36-21 classes of wells that are not subject to groundwater reduction
36-22 requirements imposed by the subsidence district; provided, however,
36-23 that in the event any such classes of wells become subject to any
36-24 groundwater reduction requirement imposed by the subsidence
36-25 district, then the authority may thereafter charge the fee under
36-26 this subsection upon such classes of wells. The board may by rule
36-27 exempt any other classes of wells from the fee under this
37-1 subsection. The board may not apply the fee under this subsection
37-2 to a well:
37-3 (1) with a casing diameter of less than five inches
37-4 that serves a single-family dwelling; or
37-5 (2) regulated under Chapter 27, Water Code.
37-6 (c) The board may establish fees, rates, and charges that
37-7 are sufficient to:
37-8 (1) achieve water conservation, prevent waste of
37-9 water, serve as a disincentive to pumping groundwater, and
37-10 accomplish the purposes of this Act, including making available
37-11 alternative water supplies; and
37-12 (2) enable the authority to meet operation and
37-13 maintenance expenses and pay the principal of and interest on debt
37-14 issued in connection with the exercise of the authority's general
37-15 powers and duties.
37-16 (d) The authority may charge rates established by the
37-17 authority for water purchased from the authority.
37-18 (e) In the event the authority purchases water from another
37-19 entity for resale to local governments, the authority shall use its
37-20 best efforts in negotiating with such entity to determine the
37-21 amount of capital costs included in any rates or charges paid by
37-22 the authority. The authority shall determine the amount of
37-23 expected capital costs of its own system. The authority shall
37-24 provide each district or municipality within its boundaries
37-25 information regarding the share of such capital costs to be paid by
37-26 such district or municipality, as determined by the authority, and
37-27 shall provide each district or municipality the opportunity to fund
38-1 its share of such capital costs with proceeds from the sale of
38-2 bonds or fees and charges collected by such districts or
38-3 municipalities. Any district or municipality may use any lawful
38-4 source of revenue, including without limitation bond funds, to make
38-5 payment for any sums due to the authority.
38-6 SECTION 4.04. CIVIL PENALTY; INJUNCTION. (a) A person who
38-7 violates a rule or order of the authority is subject to a civil
38-8 penalty of not more than $5,000, as determined by the board, for
38-9 each violation or each day of a continuing violation.
38-10 (b) The authority may bring an action to recover the penalty
38-11 in a district court in the county where the violation occurred.
38-12 The penalty shall be paid to the authority.
38-13 (c) The authority may bring an action for injunctive relief
38-14 in a district court in the county where a violation of an authority
38-15 rule or order occurs or is threatened to occur. The court may
38-16 grant to the authority, without bond or other undertaking, a
38-17 prohibitory or mandatory injunction that the facts warrant,
38-18 including a temporary restraining order, temporary injunction, or
38-19 permanent injunction.
38-20 (d) The authority may bring an action for a civil penalty
38-21 and injunctive relief in the same proceeding.
38-22 SECTION 4.05. WATER SUPPLY OR DROUGHT CONTINGENCY PLANS. The
38-23 authority by rule may develop, prepare, revise, adopt, implement,
38-24 enforce and manage comprehensive water supply or drought
38-25 contingency plans for the whole, or any portion, of the authority.
38-26 SECTION 4.06. GROUNDWATER REDUCTION PLAN. Notwithstanding
38-27 any other law, irrespective of whether the authority enters into
39-1 contracts with local governments located within its boundaries, and
39-2 irrespective of whether the authority holds any well permit issued
39-3 by the subsidence district pursuant to Chapter 151, Water Code, the
39-4 authority by rule may, in whole or in part, develop, prepare,
39-5 revise, adopt, implement, enforce, manage, and/or participate in, a
39-6 groundwater reduction plan that is applicable only to the
39-7 authority, or a groundwater reduction plan that is applicable to
39-8 the authority and one or more local government(s) outside the
39-9 authority. The authority may require that any groundwater
39-10 reduction plan that the authority, in whole or in part, develops,
39-11 prepares, revises, adopts, implements, enforces, manages, and/or
39-12 groundwater reduction plan in which the authority participates, be
39-13 the exclusive groundwater reduction plan that is binding and
39-14 mandatory upon some or all of the territory, persons, or wells
39-15 located within the authority. Any such groundwater reduction plan
39-16 may: (1) specify the measures to be taken to reduce groundwater
39-17 withdrawals; (2) identify alternative sources of water to be
39-18 provided to those affected; (3) identify the rates, terms and
39-19 conditions under which such alternative sources of water will be
39-20 provided, which may be changed from time to time as deemed
39-21 necessary by the authority; (4) specify the dates and extent to
39-22 which each person or district within the authority's boundaries
39-23 shall reduce or cease reliance on groundwater and accept water from
39-24 the alternative source(s); (5) include such other terms and
39-25 measures as are consistent with the powers and duties of the
39-26 authority; and (6) be amended from time to time at the discretion
39-27 of the authority. Notwithstanding any other law, the authority may
40-1 require any person(s) within its boundaries to designate the
40-2 authority as the sole owner or sole holder, or as a co-owner or
40-3 co-holder with any such person(s), of any well permits issued by
40-4 the subsidence district under Chapter 151, Water Code, to such
40-5 person(s).
40-6 SECTION 4.07. ACQUISITION, CONSTRUCTION, AND OPERATION OF
40-7 SYSTEMS. (a) The authority may:
40-8 (1) acquire by purchase, gift, lease, contract, or any
40-9 other legal means, a water treatment or supply system, or any other
40-10 works, plants, improvements or facilities necessary or convenient
40-11 to accomplish the purposes of the authority, or any interest
40-12 therein, inside of or outside of the authority's boundaries;
40-13 (2) design, finance, or construct a water treatment or
40-14 supply system, or any other works, plants, improvements or
40-15 facilities necessary or convenient to accomplish the purposes of
40-16 the authority, and provide water services inside of or outside of
40-17 the authority's boundaries;
40-18 (3) maintain, operate, lease, or sell a water
40-19 treatment or supply system, or any other works, plants,
40-20 improvements or facilities necessary or convenient to accomplish
40-21 the purposes of the authority, that the authority constructs or
40-22 acquires inside of or outside of the authority's boundaries; and
40-23 (4) contract with any person to operate or maintain a
40-24 water treatment or supply system the person owns; and
40-25 (5) acquire water rights under any law or permit.
40-26 (b) Any competitive bidding laws that are applicable to
40-27 districts shall apply to the authority.
41-1 (c) The authority may, according to terms and conditions the
41-2 board considers desirable, fair and advantageous, contract with any
41-3 person outside the authority's boundaries: (1) to allow such
41-4 person to be included into any groundwater reduction plan adopted
41-5 or implemented, in whole or in part, by the authority; (2) to sell
41-6 water to such person; and/or (3) to sell such person available
41-7 excess capacity or additional capacity of the authority's water
41-8 treatment or supply system.
41-9 (d) The authority may by rule require that the plans and
41-10 specifications of water lines to be constructed within the
41-11 authority that are designed or intended to serve more than one
41-12 district and/or more than one person owning or holding a well
41-13 permit issued by the subsidence district under Chapter 151, Water
41-14 Code, be approved by the authority prior to the commencement of
41-15 construction of such water lines.
41-16 SECTION 4.08. SALE OR REUSE OF WATER OR BY-PRODUCT. The
41-17 authority may store, sell, or reuse:
41-18 (1) water; or
41-19 (2) any by-product from the authority's operations.
41-20 SECTION 4.09. CONTRACTS. (a) The authority may enter into a
41-21 contract with any person regarding the performance of any purpose
41-22 or function of the authority, including, without limitation, a
41-23 contract to construct, finance, lease, own, or operate or maintain
41-24 works, improvements, facilities, plants, equipment, or appliances
41-25 necessary to accomplish a purpose or function of the authority. A
41-26 contract may be of unlimited duration.
41-27 (b) The authority may purchase, acquire, finance, or lease
42-1 an interest in a project used for any purpose or function of the
42-2 authority.
42-3 (c) The authority may contract for:
42-4 (1) the purchase, sale, or lease of water or water
42-5 rights;
42-6 (2) the performance of activities within the powers of
42-7 the authority through the purchase, construction, or installation
42-8 of works, improvements, facilities, plants, equipment, or
42-9 appliances; or
42-10 (3) the construction, ownership, maintenance, or
42-11 operation of any works, improvements, facilities, plants,
42-12 equipment, or appliances of the authority or another person.
42-13 (d) The authority may purchase surplus property from this
42-14 state, the United States, or another public entity through a
42-15 negotiated contract without bids.
42-16 SECTION 4.10. COOPERATION WITH AND ASSISTANCE OF OTHER
42-17 GOVERNMENTAL ENTITIES. (a) In implementing this Act, the board may
42-18 cooperate with and request the assistance of the Texas Water
42-19 Development Board, the Commission, the United States Geological
42-20 Survey, the subsidence district, other local governments, and other
42-21 agencies of the United States and this state.
42-22 (b) The subsidence district may enter into an interlocal
42-23 contract with the authority to carry out the authority's purposes
42-24 and may carry out the governmental functions and services specified
42-25 in the interlocal contract.
42-26 (c) The board shall endeavor to coordinate with the City of
42-27 Houston to develop a plan for a system to distribute surface water
43-1 in an economical and efficient manner to the authority.
43-2 (d) In an attempt to minimize costs associated with
43-3 preparing a groundwater reduction plan, the board shall consider
43-4 the usefulness of water supply studies and plans prepared by or on
43-5 behalf of the North Harris County Regional Water Authority, the
43-6 City of Houston, or other governmental entities, to the extent such
43-7 studies or plans are available and applicable to the authority.
43-8 SECTION 4.11. GIFTS AND GRANTS. The authority is authorized
43-9 to accept a gift or grant from money collected by the subsidence
43-10 district under Chapter 151, Water Code, to fund the construction,
43-11 maintenance, or operation of a water treatment or supply system.
43-12 The authorization in this section is in addition to the
43-13 authorization provided in section 49.229, Water Code.
43-14 SECTION 4.12. EXPENDITURES. (a) The authority's money may
43-15 be disbursed only by check, draft, order, federal reserve wire
43-16 system, or other instrument or authorization.
43-17 (b) Disbursements of the authority must be signed by at
43-18 least a majority of the directors; provided, however,
43-19 notwithstanding any other law, the board by resolution may allow
43-20 the general manager, treasurer, bookkeeper, or other employee of
43-21 the authority to sign disbursements, except as limited by
43-22 subsection (c) of this section.
43-23 (c) The board by resolution may allow disbursements to be
43-24 transferred by federal reserve wire system to accounts in the name
43-25 of the authority without the necessity of any directors signing the
43-26 disbursement. Disbursements of the authority's money by federal
43-27 reserve wire system to any accounts not in the name of the
44-1 authority must be signed by at least a majority of the directors.
44-2 SECTION 4.13. AD VALOREM TAXATION. The authority may not
44-3 levy an ad valorem tax.
44-4 SECTION 4.14. EMINENT DOMAIN. (a) The authority may acquire
44-5 by condemnation any land, easements, or other property inside or
44-6 outside the authority's boundaries for water purposes or for any
44-7 other of its projects or purposes, and may elect to condemn either
44-8 the fee simple title or a lesser property interest.
44-9 (b) The right of eminent domain shall be exercised in the
44-10 manner provided in chapter 21, Property Code, except that the
44-11 authority shall not be required to give bond for appeal or bond for
44-12 costs in any condemnation suit or other suit to which it is a party
44-13 and shall not be required to deposit more than the amount of any
44-14 award in any suit.
44-15 (c) The authority may not use the power of eminent domain
44-16 for the condemnation of land for the purpose of acquiring rights to
44-17 underground water or of water or water rights.
44-18 ARTICLE 5. NOTES AND BONDS
44-19 SECTION 5.01. REVENUE NOTES. (a) The authority, without an
44-20 election, may borrow money on negotiable notes of the authority to
44-21 be paid solely from the revenue derived from any legal source,
44-22 including without limitation:
44-23 (1) tolls, charges, rates, and fees the authority
44-24 imposes;
44-25 (2) the sale of water, water services, or any other
44-26 service or product of the authority inside or outside the
44-27 boundaries of the authority;
45-1 (3) grants or gifts;
45-2 (4) the ownership and operation of all or a designated
45-3 part of the authority's works, improvements, facilities, plants, or
45-4 equipment; and
45-5 (5) contracts between the authority and any person
45-6 located inside or outside the boundaries of the authority,
45-7 including without limitation a local government.
45-8 (b) The notes may be first or subordinate lien notes at the
45-9 board's discretion. An obligation may not be a charge on the
45-10 property of the authority. An obligation may only be a charge on
45-11 revenue pledged for the payment of the obligation.
45-12 SECTION 5.02. BONDS. (a) The authority, without an
45-13 election, may issue bonds secured by all or part of the revenue
45-14 derived from any source, including any source described by section
45-15 5.01 (a) of this Act.
45-16 (b) In issuing or securing a bond or note of the authority,
45-17 the authority may exercise any power of an issuer under chapter
45-18 1371, Government Code.
45-19 (c) The authority may conduct a public, private, or
45-20 negotiated sale of the bonds.
45-21 (d) An authority bond may be secured by an indenture of
45-22 trust with a corporate trustee.
45-23 (e) The authority may issue bonds in more than one series as
45-24 required for carrying out the purposes of this Act. In issuing
45-25 bonds secured by revenue of the authority, the authority may
45-26 reserve the right to issue additional bonds secured by the
45-27 authority's revenue that are on a parity with or are senior or
46-1 subordinate to the bonds issued earlier.
46-2 (f) A resolution of the board authorizing the bonds or a
46-3 trust indenture securing the bonds may specify additional
46-4 provisions that constitute a contract between the authority and its
46-5 bondholders. The board may provide:
46-6 (1) for additional bond provisions; and
46-7 (2) for a corporate trustee or receiver to take
46-8 possession of the authority's facilities if the authority defaults.
46-9 (g) section 49.181, Water Code, does not apply to bonds or
46-10 notes issued by the authority.
46-11 SECTION 5.03. REFUNDING BONDS. The provisions of this Act
46-12 that apply to the authority's issuance of other bonds, their
46-13 security, and the remedies of the holders apply to refunding bonds.
46-14 ARTICLE 6. MISCELLANEOUS PROVISIONS
46-15 SECTION 6.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
46-16 (a) The proper and legal notice of the intention to introduce this
46-17 Act, setting out the general substance of this Act, has been
46-18 published as provided by law, and the notice and a copy of this Act
46-19 have been furnished to all persons, agencies, officials, or
46-20 entities to which they are required to be furnished by the
46-21 constitution and other laws of this state, including the governor,
46-22 who has submitted the notice and the Act to the Commission.
46-23 (b) The Commission has filed its recommendations relating to
46-24 this Act with the governor, lieutenant governor, and speaker of the
46-25 house of representatives within the required time.
46-26 (c) All requirements of the constitution and laws of this
46-27 state and the rules and procedures of the legislature with respect
47-1 to notice, introduction, and passage of this Act are fulfilled and
47-2 accomplished.
47-3 SECTION 6.02. (a) Due to the urgent need for the creation
47-4 and commencement of operations of the authority, this section 6.02
47-5 is provided in this Act. Notwithstanding Article 2 of this Act, the
47-6 initial board of directors of the West Harris County Regional Water
47-7 Authority, shall consist of:
47-8 Voting District: Name of Board Member:
47-9 1 ____________________________
47-10 2 ____________________________
47-11 3 ____________________________
47-12 4 ____________________________
47-13 5 ____________________________
47-14 6 ____________________________
47-15 7 ____________________________
47-16 8 ____________________________
47-17 9 ____________________________
47-18 (b) At the first meeting of the board, or as soon as
47-19 practicable thereafter, the directors shall draw lots to determine
47-20 their terms so that:
47-21 (1) five directors serve until the first appointment
47-22 of directors held pursuant to section 2.02 of this Act; and
47-23 (2) four directors serve until the second appointment
47-24 of directors held pursuant to section 2.02 of this Act.
47-25 SECTION 6.03. EFFECTIVE DATE. This Act takes effect
47-26 immediately if it receives a vote of two-thirds of all the members
47-27 elected to each house, as provided by Section 39, Article III,
48-1 Texas Constitution. If this Act does not receive the vote necessary
48-2 for immediate effect, this Act takes effect September 1, 2001.