By Lindsay S.B. No. 780 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.