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AN ACT
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relating to the creation, administration, powers, duties, |
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functions, operations, and financing of the San Jacinto Special |
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Utility District; providing authority to impose a tax and issue |
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bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7211 to read as follows: |
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CHAPTER 7211. SAN JACINTO SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7211.001. DEFINITION. In this chapter, "district" |
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means the San Jacinto Special Utility District. |
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Sec. 7211.002. NATURE OF DISTRICT. The district is a |
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special utility district in San Jacinto County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. The district is created to serve a public use |
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and benefit. |
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Sec. 7211.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation and |
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initial directors' election held before September 1, 2009: |
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(1) the district is dissolved on September 1, 2009, |
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except that: |
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(A) any debts of the district incurred shall be |
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paid; |
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(B) any assets of the district that remain after |
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the payment of debts shall be transferred to San Jacinto County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 7211.004. APPLICABILITY OF OTHER SPECIAL UTILITY |
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DISTRICT LAW. Except as otherwise provided by this chapter, |
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Chapters 49 and 65, Water Code, apply to the district. |
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Sec. 7211.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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[Sections 7211.006-7211.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7211.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Billy Weaver; |
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(2) Miller Thompson; |
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(3) Chuck Mason; |
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(4) Dennis Ready; and |
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(5) Phil Runge. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than four |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of |
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directors to fill all vacancies on the board. |
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(d) Temporary directors serve until initial directors are |
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elected under Section 7211.022. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7211.022. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five initial |
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directors in accordance with Chapters 49 and 65, Water Code, on or |
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before September 1, 2009. |
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(b) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the confirmation and directors' election. |
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(c) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(d) Initial directors serve until the first regularly |
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scheduled election of directors under Subchapter C, Chapter 65, |
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Water Code. |
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Sec. 7211.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If |
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the district's creation is confirmed under Section 7211.022, the |
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San Jacinto Water Supply Corporation shall transfer the assets, |
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debts, and contractual rights and obligations of the corporation to |
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the district. |
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(b) Not later than the 30th day after the date of the |
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transfer under Subsection (a), the board of directors of the San |
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Jacinto Water Supply Corporation shall commence dissolution |
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proceedings of the corporation. |
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(c) On dissolution of the San Jacinto Water Supply |
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Corporation, Certificate of Convenience and Necessity No. 10124 is |
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considered to be held by the district. |
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(d) The board of directors of the San Jacinto Water Supply |
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Corporation shall notify the Texas Commission on Environmental |
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Quality of the dissolution of the corporation and of the transfer of |
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Certificate of Convenience and Necessity No. 10124 to the district. |
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(e) On receipt of notice under Subsection (d), the Texas |
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Commission on Environmental Quality shall note in its records that |
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Certificate of Convenience and Necessity No. 10124 is held by the |
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district and shall reissue the certificate in the name of the |
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district without further application or notice. A person does not |
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have a right to protest or request an administrative review of the |
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transfer prescribed by this section. |
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Sec. 7211.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 7211.025-7211.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7211.051. DIRECTORS. The district is governed by a |
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board of not fewer than five and not more than 11 directors. |
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Sec. 7211.052. QUALIFICATIONS FOR DIRECTORS. |
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Notwithstanding Section 65.102, Water Code, to be qualified to |
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serve as a director, a person must be: |
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(1) at least 18 years old; |
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(2) a resident citizen of this state; and |
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(3) either a user of the district facilities or a |
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qualified voter of the district. |
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[Sections 7211.053-7211.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7211.101. GENERAL POWERS. The district has all of the |
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rights, powers, privileges, functions, and duties provided by the |
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general law of this state, including Chapters 49 and 65, Water Code, |
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applicable to special utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7211.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is equal to the tap fee |
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charged by the San Jacinto Water Supply Corporation on December 31, |
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2006, under that corporation's tariff. |
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(b) Chapter 395, Local Government Code, does not apply to |
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the initial water service impact fee set under this section. |
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(c) The district may increase the water service impact fee |
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only as provided by Chapter 395, Local Government Code, or as |
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approved by the Texas Commission on Environmental Quality. |
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Sec. 7211.103. LIMIT ON EMINENT DOMAIN POWER. The district |
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may not exercise the power of eminent domain to condemn, for |
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sanitary sewer purposes, land, easements, or other property located |
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outside the boundaries of the district. |
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SECTION 2. The San Jacinto Special Utility District |
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initially includes all the territory contained in the following |
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area: |
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Being that portion of San Jacinto County, Texas, starting at the |
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intersection of State Highway 156 and Farm to Market Road 945 thence |
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8193 ft west along Farm to Market Road 945 to point of beginning on |
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the existing CCN #10124 service area boundary for the place of |
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beginning of the boundary of the proposed San Jacinto Special |
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Utility District, |
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Thence N 13° 50' 52" W for a distance of 3669.69 ft to the corner of |
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the existing service area, |
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Thence N 55° 53' 36" W for a distance of 3078.52 ft to the corner of |
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the existing service area, |
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Thence N 03° 43' 56" E for a distance of 2915.59 ft to the corner of |
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the existing service area, |
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Thence N 38° 33' 01" E for a distance of 1330.62 ft to the corner of |
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the existing service area, |
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Thence N 61° 52' 09" E for a distance of 11948.11 ft to a point that |
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bears S 19° 04' 14" E from a tributary junction of Wolf Creek just |
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off Farm to Market Road 224 before it spills into a finger of Lake |
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Livingston, |
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Thence N 32° 31' 31" W for a distance of 6113.71 ft to a point that |
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bears S 31° 07' 12" E 354 ft from a tributary of Wolf Creek, |
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Thence N 37° 41' 31" E for a distance of 2816.54 ft to a point at the |
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centerline of Farm to Market Road 224, |
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Thence along the centerline of Farm to Market Road 224 heading |
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southeast and ending at a bearing and distance of S 27° 32' 53" E |
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7021.30 ft until reaching the first major creek which empties into a |
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finger of Lake Livingston, |
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Thence along the before mentioned creek a distance of N 50° 58' 18" E |
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182.24 ft until reaching the shoreline of Lake Livingston, |
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Thence along the southern shoreline of Lake Livingston and ending |
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at a bearing and distance of S 76° 26' 6" E 7915.93 ft until reaching |
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the existing CCN #12983 water service area boundary, |
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Thence S 69° 23' 20" W for a distance of 891.57 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 42° 5' 47" W for a distance of 2024.50 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 49° 24' 33" E for a distance of 479.12 ft along the existing |
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CCN #12983 service area boundary, |
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Thence N 47° 34' 28" E for a distance of 492.90 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 46° 36' 6" E for a distance of 529.35 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 74° 28' 53" E for a distance of 194.19 ft along the existing |
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CCN #12983 service area boundary, |
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Thence N 17° 31' 54" E for a distance of 207.05 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 77° 44' 23" E for a distance of 244.67 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 7° 18' 38" E for a distance of 322.27 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 73° 4' 43" W for a distance of 102.90 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 6° 13' 41" W for a distance of 236.71 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 42° 29' 55" E for a distance of 556.02 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 30° 43' 48" W for a distance of 512.62 ft along the existing |
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CCN #12983 service area boundary, |
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Thence S 57° 16' 43" E for a distance of 400.00 ft along the existing |
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CCN #12983 service area boundary, |
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Thence N 36° 9' 18" E for a distance of 629.49 ft along the existing |
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CCN #12983 service area boundary, |
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Thence N 43° 6' 01" E for a distance of 609.60 ft along the existing |
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CCN #12983 service area boundary, |
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Thence N 46° 55' 11" E for a distance of 441.20 ft along the existing |
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CCN #12983 service area boundary to its intersection with the |
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shoreline of Lake Livingston, |
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Thence along the shoreline of Lake Livingston and ending at a |
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bearing and distance of S 84° 57' 55" E 3675.41 ft until reaching the |
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existing CCN # 12949 water service area boundary, |
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Thence S 14° 30' 58" E for a distance of 912.39 ft along the existing |
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CCN #12949 service area boundary, |
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Thence S 15° 50' 17" E for a distance of 723.70 ft along the existing |
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CCN #12949 service area boundary, |
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Thence N 85° 46' 55" E for a distance of 1107.72 ft along the |
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existing CCN #12949 service area boundary to its intersection with |
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the shoreline of Lake Livingston, |
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Thence southerly along the meandering shoreline of Lake Livingston |
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and ending at a bearing and distance of S 27° 01' 47" W 1488.45 ft to |
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a point for a corner, |
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Thence S 13° 41' 40" E for a distance of 3065.65 ft to a point at the |
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centerline of Farm to Market Road 3128, this point being 6878 ft |
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from the intersection of Farm to Market Road 3128 and Farm to Market |
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Road 1514, |
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Thence S 16° 10' 04" W for a distance of 7195.57 ft to a tributary |
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junction of Mill Creek, |
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Thence S 17° 01' 10" E for a distance of 6254.67 ft to a point on the |
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centerline of Farm to Market Road 222 that is 3453.88 ft from the |
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intersection of State Highway 150 and Farm to Market Road 222, |
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Thence S 52° 57' 27" E for a distance of 13205.74 ft to a tributary |
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junction of Huffman Creek, |
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Thence S 25° 27' 27" E for a distance of 4429.67 ft to a point just |
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north of Sheperd Creek, |
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Thence S 36° 41' 46" W for a distance of 5804.93 ft to a tributary |
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junction of Little Creek, |
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Thence N 77° 7' 51" W for a distance of 9229.05 ft until crossing a |
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tributary of Henry Lake Branch, then continuing on same bearing a |
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distance of 2550.39 ft until crossing Henry Lake Branch, then |
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continuing on the same bearing a distance of 4219.11 ft until |
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crossing Double Lake Branch, then continuing on the same bearing a |
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distance of 7312.08 ft for a total of 23310.63 ft to a point just |
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west of Farm to Market Road 2025, |
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Thence N 4° 16' 48" W for a distance of 5765.75 ft to a point that |
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bears S 13° 20' 14" W 3179 ft from the intersection of Farm to Market |
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Road 2025 and State Highway 150, |
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Thence N 85° 0' 07" W for a distance of 6415.42 ft to a point on the |
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edge of the existing CCN #12339 service area boundary, |
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Thence N 13° 50' 52" W for a distance of 12666.89 ft to the place of |
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beginning for a point of closure on Farm to Market Road 945 for the |
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proposed San Jacinto Special Utility District boundary. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of a conservation and reclamation |
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district and the inclusion of land in the district has been complied |
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with. All requirements of the constitution and laws of this state |
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and the rules and procedures of the legislature with respect to the |
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notice, introduction, and passage of this Act are fulfilled and |
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accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 853 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 853 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |