By Zbranek H.B. No. 3579
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and authority of
1-3 the Chambers County-Cedar Bayou Navigation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is
1-6 created and established a special district to be known as the
1-7 "Chambers County- Cedar Bayou Navigation District" that is a
1-8 governmental agency, a body politic and corporate, and a political
1-9 subdivision of the state.
1-10 (b) The name of the district may be changed by resolution of
1-11 the board of directors of the district at any time so long as the
1-12 name is descriptive of the location and the principal powers of the
1-13 district.
1-14 (c) The creation of the district is declared to be essential
1-15 to the accomplishment of the purposes of Article XVI, Section 59,
1-16 of the Texas Constitution and to the accomplishment of the other
1-17 purposes stated in this Act.
1-18 (d) The legislature finds, determines, and declares that the
1-19 creation of the district is necessary to diversify the economy of
1-20 the state, promote, develop, expand, encourage, and maintain
1-21 employment, commerce, economic development, and the public welfare,
1-22 to promote the transportation of agricultural, industrial and
1-23 commercial products, to promote the health, safety, and general
1-24 welfare of property owners, residents, employers, and employees, in
2-1 the district, and the general public, to promote the improvement of
2-2 rivers, bays, creeks, streams, and canals to permit or to aid
2-3 navigation and commerce.
2-4 The district will provide needed funding in the greater Cedar
2-5 Bayou area to preserve, maintain, and enhance the economic health
2-6 and vitality of the area as a community and a business and
2-7 industrial center. The district will not act as the agent or
2-8 instrumentality of any private interests even though many private
2-9 interests will be benefited by the district, as will the general
2-10 public. The legislature further finds and determines and intends
2-11 that by creating the district it has established a program to
2-12 accomplish the public purposes set out in Article XVI, Section 59,
2-13 Texas Constitution.
2-14 (e) The legislature finds that all of the land and other
2-15 property included within the boundaries of the district will be
2-16 benefited by the improvements and services to be provided by the
2-17 district under powers conferred by Article XVI, Section 59 of the
2-18 Texas Constitution, and other powers granted under this Act, and
2-19 that the district is created to serve a public use and benefit.
2-20 (f) This Act shall be liberally construed in conformance
2-21 with the legislative findings and purposes stated in this Act.
2-22 SECTION 2. DEFINITION. In this Act, "district" means
2-23 Chambers County-Cedar Bayou Navigation District.
2-24 SECTION 3. BOUNDARIES. The district shall include all of
2-25 the territory contained within the following described area:
2-26 BEING approximately 8640 acres of land situated wholly in Chambers
2-27 County, Texas, and being more particularly described by metes and
3-1 bounds as follows, to-wit:
3-2 BEGINNING at the most Western Northwest corner of the existing
3-3 Chambers-Liberty Counties Navigation District boundary on the East
3-4 Bank of Cedar Bayou for the Southwest corner of this tract of land
3-5 and being the Northwest corner of the John Ijams League, Abstract
3-6 No. 15 and the Southwest corner of the John Steele Survey, Abstract
3-7 No. 227;
3-8 THENCE in a Northerly direction with the West line of this tract,
3-9 the West line of the Steele Survey, and the East Bank of Cedar
3-10 Bayou to a point in the North right of way line of Spur 55 for a
3-11 corner of this tract and the Southwest corner of a 6.35 acre tract
3-12 of land belonging to Johnnie G. Jennings;
3-13 THENCE in an Easterly direction with the North line of this tract
3-14 of land, the North right of way line of Spur 55 and the South line
3-15 of the Johnnie G. Jennings 6.35 acre tract of land to the East
3-16 corner of said 6.35 acre tract of land in the South line of the
3-17 Rosemary Jennings 61.56 acre tract of land;
3-18 THENCE in an Easterly direction with the North line of this tract
3-19 of land, the South line of said 61.56 acre tract of land, the South
3-20 line of the Rosemary Jennings, et al., 29.47 acre tract of land and
3-21 the North line of the Cedar Crossing Business Park Subdivision
3-22 crossing Spur 55 to the Southeast corner of the Rosemary Jennings,
3-23 et al., 29.47 acre tract of land for a corner of this tract of
3-24 land. This corner being an interior corner of the Cedar Crossing
3-25 Business Park Subdivision;
3-26 THENCE in a Northerly direction with the West line of this tract of
3-27 land, the West line of the Business Park and the East line of said
4-1 29.47 acre tract of land to a point for the most Western Northwest
4-2 corner of the Business Park, the Southwest corner of the Rosemary
4-3 Jennings, et al., 22.50 acre tract of land and a corner of this
4-4 tract of land;
4-5 THENCE in an Easterly direction with the North line of this tract,
4-6 the North line of the Business Park and the South line of said
4-7 22.50 acre tract of land to a point for a corner of this tract of
4-8 land in the West right of way line of West Bay Road;
4-9 THENCE in a Northerly direction with the West line of this tract of
4-10 land and the West right of way line of West Bay Road crossing Spur
4-11 55 to a point for a corner of this tract of land and the Northeast
4-12 corner of the Rosemary Jennings, et al., 10.00 acre tract of land;
4-13 THENCE in a Westerly direction with the South line of this tract of
4-14 land and the North line of said 10 acre tract of land to a point
4-15 for a corner of this tract of land and the Northwest corner of said
4-16 10 acre tract of land;
4-17 THENCE in a Southerly direction with the East line of this tract of
4-18 land and the West line of said 10 acre tract of land crossing Spur
4-19 55 to a point for a corner of this tract of land and the Northeast
4-20 corner of the Rosemary Jennings, et al., 29.47 acre tract of land;
4-21 THENCE in a Westerly direction with the South line of this tract of
4-22 land, the North line of the said 29.47 acre tract and the North
4-23 line of the Rosemary Jennings 61.56 acre tract of land to a point
4-24 for a corner of this tract of land and the North right of way of
4-25 Spur 55;
4-26 THENCE in a Westerly direction with the South line of this tract,
4-27 the North right of way line of Spur 55 and the South line of the
5-1 Johnnie Jennings 6.35 acre tract of land to a point for a corner of
5-2 this tract of land and the Southwest corner of said 6.35 acre tract
5-3 of land. This corner is on the West line of the Steele Survey and
5-4 the East Bank of Cedar Bayou;
5-5 THENCE in a Northerly direction with the West line of this tract,
5-6 the West line of the Steele Survey, the West line of the Christian
5-7 Smith League, Abstract No. 22, and the East Bank of Cedar Bayou to
5-8 a point where the East Bank of Cedar Bayou intersects the West
5-9 right of way line of West Bay Road for a corner of this tract of
5-10 land;
5-11 THENCE in a Northerly direction with the West line of this tract
5-12 and the West right of way line of West Bay Road to the South right
5-13 of way line of F.M. Highway No. 565 for the Northwest Corner of
5-14 this tract of land;
5-15 THENCE in an Easterly direction with the North line of this tract
5-16 and the South right of Way line of F.M. Highway No. 565 to a point
5-17 for the Northeast corner of this tract of land in the West boundary
5-18 of the Chambers-Liberty Counties Navigation District, the East
5-19 boundary of the Jacob Townsend Survey, Abstract No. 25 and the West
5-20 boundary of the Benjamin Winfree Survey, Abstract No. 28;
5-21 THENCE in a Southerly direction with the East line of this tract of
5-22 land, the West line of the Chambers-Liberty Counties Navigation
5-23 District existing boundary, the East line of the Townsend Survey,
5-24 the West line of the Winfree Survey and the East line of Chambers
5-25 County School Land Survey, Abstract No. 321, to the Southwest
5-26 corner of the Winfree Survey, a corner of the School Land Survey
5-27 and a corner of this tract of land;
6-1 THENCE in an Easterly direction with the North line of this tract,
6-2 the South line of the Chambers-Liberty Counties Navigation District
6-3 existing boundary to a point for the Northwest corner of the
6-4 Solomon Barrow Survey, Abstract No. 3, a Northeast corner of the
6-5 School Land Survey and a corner of this tract of land;
6-6 THENCE in a Southerly direction with the East line of this tract,
6-7 the West line of Chambers-Liberty Counties Navigation District
6-8 existing boundary, the East line of the said School Land Survey and
6-9 the West line of the Barrow Survey to a point for a corner of this
6-10 tract of land, the Southwest corner of the Barrow Survey and a
6-11 corner of said School Land Survey. This corner is in the North
6-12 line of the J.L. Hill Survey, Abstract No. 106;
6-13 THENCE in a Westerly direction with the South line of this tract,
6-14 the North line of Chambers-Liberty Counties Navigation District
6-15 existing boundary, the South line of said School Land Survey and
6-16 the North line of the Hill Survey to a point for the Northwest
6-17 corner of the Hill Survey, a corner of this tract of land, a corner
6-18 of the existing District boundary and a corner of said School Land
6-19 Survey;
6-20 THENCE in a Southerly direction with the East line of this tract,
6-21 the East line of said School Land Survey, the West line of the Hill
6-22 Survey, the West line of Chambers-Liberty Counties Navigation
6-23 District existing boundary and the West line of the J.K. Allen
6-24 Survey, Abstract No. 31 to a point for the Southeast corner of this
6-25 tract of land, a corner of the Chambers-Liberty Counties Navigation
6-26 District boundary, the Southeast corner of said School Land Survey
6-27 and the Northeast corner of the Chambers County School Land Survey,
7-1 Abstract No. 320;
7-2 THENCE in a Westerly direction with the South line of this tract,
7-3 the North line of the Chambers-Liberty Counties Navigation District
7-4 existing boundary, the South boundary of the School Land Survey,
7-5 Abstract No. 321 and the North boundary of the School Land Survey,
7-6 Abstract 320 to a point for a corner of this tract of land, the
7-7 Southwest corner of the School Land Survey Abstract No. 321 and
7-8 the Northwest corner of the School Land Survey Abstract No. 320.
7-9 This corner is in the East line of the Andrew Beard Survey,
7-10 Abstract No. 44;
7-11 THENCE in a Northerly direction with the West line of this tract,
7-12 the East line of the Chambers-Liberty Counties Navigation District
7-13 existing boundary, the West line of the School Land Survey Abstract
7-14 No. 321 and the East line of the Beard Survey to a point for a
7-15 corner of this tract of land, a corner of the Chambers-Liberty
7-16 Counties Navigation District existing boundary, the Northeast
7-17 corner of the Beard Survey and the Southeast corner of the John
7-18 Steele Survey;
7-19 THENCE in a Westerly direction with the South line of this tract,
7-20 the North line of the Chambers-Liberty Counties Navigation District
7-21 existing boundary, the South line of the Steele Survey and the
7-22 North line of the Beard Survey to a point for a corner of this
7-23 tract of land, the Northwest corner of the Beard Survey and the
7-24 Northeast corner of the Ijams League;
7-25 THENCE in a Westerly direction with the South line of this tract,
7-26 the North line of the Chambers-Liberty Counties Navigation District
7-27 existing boundary, the South line of the Steele Survey and the
8-1 North line of the Ijams League to the PLACE OF BEGINNING,
8-2 containing within said boundaries approximately 8640 acres of land.
8-3 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
8-4 finds that the boundaries and field notes of the district form a
8-5 closure. If a mistake is made in the field notes or in copying the
8-6 field notes in the legislative process, it in no way affects the
8-7 organization, existence, and validity of the district, the right of
8-8 the district to issue any type of bonds or to issue or enter into
8-9 other types of obligations for the purposes for which the district
8-10 is created or the right of the district to levy and collect
8-11 assessments or taxes, or in any other manner affects the legality
8-12 or operation of the district or its governing body.
8-13 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be
8-14 governed by a board of five (5) directors.
8-15 (b) Except for the initial directors, each director shall be
8-16 appointed by the Commissioners Court of Chambers County from a list
8-17 of candidates recommended by the board in the manner provided in
8-18 Section 375.064, Government Code. Said directors shall serve
8-19 staggered six (6) year terms with the terms of either 2 directors
8-20 or 1 director expiring on May 1st of each odd numbered year as
8-21 provided below. Each director so appointed shall serve a term of
8-22 office of six (6) years, and until his or her successor is
8-23 appointed and has qualified. Appointments to fill an unexpired
8-24 term shall be made by the remaining directors.
8-25 (c) At the time this Act takes effect, the following persons
8-26 shall constitute the initial board of directors of the district and
8-27 are hereby appointed for the terms prescribed by subsection (d) of
9-1 this section.
9-2 Director Position Name of Director
9-3 1 Jim Molnar
9-4 2 David Baker
9-5 3 Johnnie Jennings
9-6 4 Joseph S. Antoline
9-7 5 Gordon Christman
9-8 (d) Of the initial directors, the directors appointed for
9-9 director positions 1 and 3 shall serve until May 1, 1999; the
9-10 directors appointed for director positions 2 and 4 shall serve
9-11 until May 1, 2001; and the director appointed for director position
9-12 5 shall serve until May 1, 2003.
9-13 (e) Each initial director and each subsequent director
9-14 appointed for either a full or partial term shall meet the
9-15 following qualifications:
9-16 (i) be at least eighteen (18) years of age; and
9-17 (ii) be an owner of property in the district; or
9-18 (iii) be an owner of stock, whether beneficial or
9-19 otherwise, of a corporate owner of property in the district; or
9-20 (iv) be an owner of a beneficial interest in a trust
9-21 that owns property in the district; or
9-22 (v) be an agent, employee or tenant of a person
9-23 described in the foregoing subsections (ii), (iii), or (iv).
9-24 No person may be appointed as a director or continue to serve as a
9-25 director unless they satisfy these requirements. Each director
9-26 shall qualify for office as provided in Subchapter D, Chapter 375,
9-27 Local Government Code.
10-1 (f) The board shall be governed by the terms and conditions
10-2 set forth in Chapter 63, Subchapter C, Water Code, to the extent
10-3 such provisions do not conflict with the provisions of this Act.
10-4 (g) Directors shall be compensated in the manner provided by
10-5 Section 63.098, Water Code.
10-6 SECTION 6. GENERAL POWERS. (a) The district shall have all
10-7 the rights, powers, privileges, and authority conferred by the
10-8 general law of this state applicable to districts created under
10-9 Chapters 60, 62, and 63, Water Code. The district shall also have
10-10 the rights, powers, privileges, and authority granted to districts
10-11 by Chapter 63, Subchapters E and M, Water Code, and Section 61.116,
10-12 Water Code; provided, however, bonds or other obligations issued
10-13 pursuant to any of the foregoing may be secured by revenues,
10-14 assessments, impact fees, grants or other funds of the district, or
10-15 any combination thereof. The district may acquire any interest in
10-16 land in accordance with Chapter 63, Water Code. If any provision
10-17 of the referenced laws is in conflict with or is inconsistent with
10-18 the provisions of this Act, this Act prevails. All laws or
10-19 provisions of a law referenced herein are adopted and incorporated
10-20 into this act for all purposes and may be used by the district
10-21 independently of each other. Each law and provision of law
10-22 referenced herein is adopted and incorporated into this Act as it
10-23 is amended from time to time by the legislature.
10-24 (b) The district may finance the cost of any authorized
10-25 improvement project or services in the manner set forth in any of
10-26 the laws made applicable to the district, including Chapter 63,
10-27 Subchapter H, Water Code. No petition shall be required for the
11-1 board to be authorized to levy assessments or impact fees to
11-2 finance services and improvement projects pursuant to this act.
11-3 (c) The district shall not have the power to levy ad valorem
11-4 taxes unless the same shall have been approved by a majority of the
11-5 district's qualified electors.
11-6 (d) The district, in exercising any of the powers conferred
11-7 by this Act, requires a relocation, adjustment, raising, lowering,
11-8 rerouting, or changing the grade of or altering the construction of
11-9 any street, alley, highway, overpass, underpass, or road, any
11-10 railroad track, bridge, or other facilities or property, any
11-11 electric lines, conduits, or other facilities or property, any
11-12 telephone or telegraph lines, conduits or other facilities or
11-13 property, any gas transmission or distribution pipes, pipelines,
11-14 mains, or other facilities or property, any cable television lines,
11-15 cables conduits, or other facilities or property or any other
11-16 pipelines and any facilities or properties relating to those
11-17 pipelines, those relocations, adjustments, raising, lowering,
11-18 rerouting, or changing of grade, or altering of construction must
11-19 be accomplished at the sole cost and expense of the district, and
11-20 damages that are suffered by the owners of the property or
11-21 facilities shall be borne by the district.
11-22 SECTION 7. TORT CLAIMS. The district is a unit of
11-23 government for purposes of Chapter 101, Civil Practice and Remedies
11-24 Code (Texas Tort Claims Act) and the operations of the district are
11-25 considered essential governmental functions and not proprietary
11-26 functions for all purposes, including the application of the Texas
11-27 Tort Claim Act.
12-1 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE
12-2 DISTRICT. The district may annex land to and exclude land from the
12-3 district in the manner provided by Chapter 63, Water Code. Land
12-4 may not be annexed to the district unless the municipality in whose
12-5 extraterritorial jurisdiction (as defined in Section 42.021, Local
12-6 Government Code) the land lies consents of the annexation.
12-7 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A
12-8 municipality in whose extraterritorial jurisdiction the district
12-9 lies may annex the district in whole or in part, notwithstanding
12-10 any provision of Chapter 43, Local Government Code, and such
12-11 annexation shall not result in total or partial dissolution of the
12-12 district or an assumption by the annexing municipality of any of
12-13 the district's obligations or indebtedness. Creation of the
12-14 district shall not affect the power of any municipality, in whose
12-15 extraterritorial jurisdiction the district or part of the district
12-16 lies, to designate all or part of the district or in any way limit
12-17 the powers of said municipality conferred by virtue of Chapter 42
12-18 of the Local Government Code. Creation of the district shall not
12-19 affect the power of any municipality to provide municipal services
12-20 to any area within the municipality or its extraterritorial
12-21 jurisdiction which is within the district and such municipality
12-22 shall have the same power to extend or provide municipal services
12-23 after the creation of the district as it had before its creation.
12-24 Any municipal annexation of the district, in whole or in part,
12-25 shall have no effect on the validity of the district and the
12-26 district shall continue to exist and exercise the powers granted in
12-27 this Act.
13-1 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may
13-2 issue bonds payable in whole or in part from assessments, impact
13-3 fees, revenues, grants, or other funds of the district, or any
13-4 combination thereof, to pay for any purpose of the district
13-5 authorized by this Act. The board may levy and collect assessments
13-6 pursuant to the terms and conditions of Chapter 375, Subchapter F,
13-7 Local Government Code, for any authorized purpose to the extent
13-8 they do not conflict with other provisions of this Act.
13-9 (b) No approval of bonds issued by the District shall be
13-10 required other than that of the Attorney General in accordance with
13-11 the provisions of 375.205, Local Government Code, and that of the
13-12 Texas Water Commission if the bonds are issued for a purpose which
13-13 requires such approval by Section 375.208, Local Government Code.
13-14 (c) Assessments or reassessments by the district, penalties
13-15 and interest thereon, expenses of collection, and reasonable
13-16 attorneys fees, if incurred, are a first and prior lien against the
13-17 property assessed, superior to all other liens and claims except
13-18 liens or claims for state, county, school district or municipality
13-19 ad valorem taxes, and are a personal liability of and charge
13-20 against the owners of the property regardless of whether the owners
13-21 are named in the assessment proceedings. The lien is effective
13-22 from the date of the resolution of the board levying the assessment
13-23 until the assessment is paid and may be enforced by the board in
13-24 the same manner that an ad valorem tax lien against real property
13-25 may be enforced by the board.
13-26 SECTION 11. IMPACT FEES. The district may impose impact
13-27 fees as provided by Chapter 375, Subchapter G, Local Government
14-1 Code for any authorized purpose. Because the district is created
14-2 in an area that is devoted primarily to industrial, commercial and
14-3 business activity, the district may not impose an impact fee or
14-4 assessment on a single family residential property, or any
14-5 residential duplex, triplex, quadruplex, or condominium.
14-6 SECTION 12. DISSOLUTION OF THE DISTRICT. The district may
14-7 be dissolved as provided in either Section 375.261 or Section
14-8 375.262, Local Government Code. If the district is dissolved as
14-9 set forth in this Act, the district shall remain in existence
14-10 solely for the limited purpose of discharging its bonds or other
14-11 obligations in accordance with their terms.
14-12 SECTION 13. COMPETITIVE BIDDING. The district shall
14-13 contract for services, improvements or the purchase of materials,
14-14 machinery, equipment, supplies, and other property as provided by
14-15 Section 375.221, Local Government Code.
14-16 SECTION 14. NOTICE AND CONSENT. The legislature finds that
14-17 proper and legal notice of the intention to introduce this Act,
14-18 setting forth the general substance of this Act, has been published
14-19 as provided by law, and the notice and a copy of this Act have been
14-20 furnished to all persons, agencies, officials, or entities to which
14-21 they are required to be furnished by the constitution and laws of
14-22 this state, including the governor of Texas, who has submitted the
14-23 notice and Act to the Texas Water Commission. The legislature also
14-24 finds that the Texas Water Commission has filed its recommendations
14-25 relating to this Act with the governor, lieutenant governor, and
14-26 speaker of the house of representatives within the required time.
14-27 The general law relating to consent by political subdivisions to
15-1 the creation of districts with conservation, reclamation, and road
15-2 powers and the inclusion of land in those districts has been
15-3 compiled with, and all requirements of the constitution and laws of
15-4 this state and the rules and procedures of the legislature with
15-5 respect to the notice, introduction and passage of this Act have
15-6 been fulfilled and accomplished.
15-7 SECTION 15. SEVERABILITY CLAUSE. The provisions of this Act
15-8 are severable, and if any provision or part of this Act or the
15-9 application thereof to any person or circumstance shall ever be
15-10 held by any court of competent jurisdiction to be invalid or
15-11 unconstitutional for any reason, the remainder of this Act and the
15-12 application of such provision or part of this Act to other persons
15-13 or circumstances shall not be affected thereby.
15-14 SECTION 16. EMERGENCY CLAUSE. The importance of this
15-15 legislation and the crowded condition of the calendars in both
15-16 houses create an emergency and an imperative public necessity that
15-17 the constitutional rule requiring bills to be read on three several
15-18 days in each house be suspended, and this rule is hereby suspended,
15-19 and that this Act take effect and be in force from and after its
15-20 passage, and it is so enacted.
15-21 COMMITTEE AMENDMENT NO. 1
15-22 Amend H.B. 3579 as follows:
15-23 On page nine, line 17 strike the following between the
15-24 closing parentheses and the period,
15-25 "and the operations of the district are considered essential
15-26 governmental functions and not proprietary functions for all
15-27 purposes, including the application of the Texas Tort Claims Act".
16-1 Walker