1-1 By: Zbranek (Senate Sponsor - Galloway) H.B. No. 3579 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on Natural 1-4 Resources; May 16, 1997, reported favorably by the following vote: 1-5 Yeas 11, Nays 0; May 16, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, and authority of 1-9 the Chambers County-Cedar Bayou Navigation District. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) There is 1-12 created and established a special district to be known as the 1-13 "Chambers County-Cedar Bayou Navigation District" that is a 1-14 governmental agency, a body politic and corporate, and a political 1-15 subdivision of the state. 1-16 (b) The name of the district may be changed by resolution of 1-17 the board of directors of the district at any time so long as the 1-18 name is descriptive of the location and the principal powers of the 1-19 district. 1-20 (c) The creation of the district is declared to be essential 1-21 to the accomplishment of the purposes of Section 59, Article XVI, 1-22 Texas Constitution and to the accomplishment of the other purposes 1-23 stated in this Act. 1-24 (d) The legislature finds, determines, and declares that the 1-25 creation of the district is necessary to diversify the economy of 1-26 the state, promote, develop, expand, encourage, and maintain 1-27 employment, commerce, economic development, and the public welfare, 1-28 to promote the transportation of agricultural, industrial and 1-29 commercial products, to promote the health, safety, and general 1-30 welfare of property owners, residents, employers, and employees, in 1-31 the district, and the general public, and to promote the 1-32 improvement of rivers, bays, creeks, streams, and canals to permit 1-33 or to aid navigation and commerce. 1-34 The district will provide needed funding in the greater Cedar 1-35 Bayou area to preserve, maintain, and enhance the economic health 1-36 and vitality of the area as a community and a business and 1-37 industrial center. The district will not act as the agent or 1-38 instrumentality of any private interests even though many private 1-39 interests will be benefited by the district, as will the general 1-40 public. The legislature further finds and determines and intends 1-41 that by creating the district it has established a program to 1-42 accomplish the public purposes set out in Section 59, Article XVI, 1-43 Texas Constitution. 1-44 (e) The legislature finds that all of the land and other 1-45 property included within the boundaries of the district will be 1-46 benefited by the improvements and services to be provided by the 1-47 district under powers conferred by Section 59, Article XVI, Texas 1-48 Constitution, and other powers granted under this Act and that the 1-49 district is created to serve a public use and benefit. 1-50 (f) This Act shall be liberally construed in conformance 1-51 with the legislative findings and purposes stated in this Act. 1-52 SECTION 2. DEFINITION. In this Act, "district" means 1-53 Chambers County-Cedar Bayou Navigation District. 1-54 SECTION 3. BOUNDARIES. The district shall include all of 1-55 the territory contained within the following described area: 1-56 BEING approximately 8640 acres of land situated wholly in Chambers 1-57 County, Texas, and being more particularly described by metes and 1-58 bounds as follows, to-wit: 1-59 BEGINNING at the most Western Northwest corner of the existing 1-60 Chambers-Liberty Counties Navigation District boundary on the East 1-61 Bank of Cedar Bayou for the Southwest corner of this tract of land 1-62 and being the Northwest corner of the John Ijams League, Abstract 1-63 No. 15 and the Southwest corner of the John Steele Survey, Abstract 1-64 No. 227; 2-1 THENCE in a Northerly direction with the West line of this tract, 2-2 the West line of the Steele Survey, and the East Bank of Cedar 2-3 Bayou to a point in the North right of way line of Spur 55 for a 2-4 corner of this tract and the Southwest corner of a 6.35 acre tract 2-5 of land belonging to Johnnie G. Jennings; 2-6 THENCE in an Easterly direction with the North line of this tract 2-7 of land, the North right of way line of Spur 55 and the South line 2-8 of the Johnnie G. Jennings 6.35 acre tract of land to the East 2-9 corner of said 6.35 acre tract of land in the South line of the 2-10 Rosemary Jennings 61.56 acre tract of land; 2-11 THENCE in an Easterly direction with the North line of this tract 2-12 of land, the South line of said 61.56 acre tract of land, the South 2-13 line of the Rosemary Jennings, et al., 29.47 acre tract of land and 2-14 the North line of the Cedar Crossing Business Park Subdivision 2-15 crossing Spur 55 to the Southeast corner of the Rosemary Jennings, 2-16 et al., 29.47 acre tract of land for a corner of this tract of 2-17 land. This corner being an interior corner of the Cedar Crossing 2-18 Business Park Subdivision; 2-19 THENCE in a Northerly direction with the West line of this tract of 2-20 land, the West line of the Business Park and the East line of said 2-21 29.47 acre tract of land to a point for the most Western Northwest 2-22 corner of the Business Park, the Southwest corner of the Rosemary 2-23 Jennings, et al., 22.50 acre tract of land and a corner of this 2-24 tract of land; 2-25 THENCE in an Easterly direction with the North line of this tract, 2-26 the North line of the Business Park and the South line of said 2-27 22.50 acre tract of land to a point for a corner of this tract of 2-28 land in the West right of way line of West Bay Road; 2-29 THENCE in a Northerly direction with the West line of this tract of 2-30 land and the West right of way line of West Bay Road crossing Spur 2-31 55 to a point for a corner of this tract of land and the Northeast 2-32 corner of the Rosemary Jennings, et al., 10.00 acre tract of land; 2-33 THENCE in a Westerly direction with the South line of this tract of 2-34 land and the North line of said 10 acre tract of land to a point 2-35 for a corner of this tract of land and the Northwest corner of said 2-36 10 acre tract of land; 2-37 THENCE in a Southerly direction with the East line of this tract of 2-38 land and the West line of said 10 acre tract of land crossing Spur 2-39 55 to a point for a corner of this tract of land and the Northeast 2-40 corner of the Rosemary Jennings, et al., 29.47 acre tract of land; 2-41 THENCE in a Westerly direction with the South line of this tract of 2-42 land, the North line of the said 29.47 acre tract and the North 2-43 line of the Rosemary Jennings 61.56 acre tract of land to a point 2-44 for a corner of this tract of land and the North right of way of 2-45 Spur 55; 2-46 THENCE in a Westerly direction with the South line of this tract, 2-47 the North right of way line of Spur 55 and the South line of the 2-48 Johnnie Jennings 6.35 acre tract of land to a point for a corner of 2-49 this tract of land and the Southwest corner of said 6.35 acre tract 2-50 of land. This corner is on the West line of the Steele Survey and 2-51 the East Bank of Cedar Bayou; 2-52 THENCE in a Northerly direction with the West line of this tract, 2-53 the West line of the Steele Survey, the West line of the Christian 2-54 Smith League, Abstract No. 22, and the East Bank of Cedar Bayou to 2-55 a point where the East Bank of Cedar Bayou intersects the West 2-56 right of way line of West Bay Road for a corner of this tract of 2-57 land; 2-58 THENCE in a Northerly direction with the West line of this tract 2-59 and the West right of way line of West Bay Road to the South right 2-60 of way line of F.M. Highway No. 565 for the Northwest Corner of 2-61 this tract of land; 2-62 THENCE in an Easterly direction with the North line of this tract 2-63 and the South right of Way line of F.M. Highway No. 565 to a point 2-64 for the Northeast corner of this tract of land in the West boundary 2-65 of the Chambers-Liberty Counties Navigation District, the East 2-66 boundary of the Jacob Townsend Survey, Abstract No. 25 and the West 2-67 boundary of the Benjamin Winfree Survey, Abstract No. 28; 2-68 THENCE in a Southerly direction with the East line of this tract of 2-69 land, the West line of the Chambers-Liberty Counties Navigation 3-1 District existing boundary, the East line of the Townsend Survey, 3-2 the West line of the Winfree Survey and the East line of Chambers 3-3 County School Land Survey, Abstract No. 321, to the Southwest 3-4 corner of the Winfree Survey, a corner of the School Land Survey 3-5 and a corner of this tract of land; 3-6 THENCE in an Easterly direction with the North line of this tract, 3-7 the South line of the Chambers-Liberty Counties Navigation District 3-8 existing boundary to a point for the Northwest corner of the 3-9 Solomon Barrow Survey, Abstract No. 3, a Northeast corner of the 3-10 School Land Survey and a corner of this tract of land; 3-11 THENCE in a Southerly direction with the East line of this tract, 3-12 the West line of Chambers-Liberty Counties Navigation District 3-13 existing boundary, the East line of the said School Land Survey and 3-14 the West line of the Barrow Survey to a point for a corner of this 3-15 tract of land, the Southwest corner of the Barrow Survey and a 3-16 corner of said School Land Survey. This corner is in the North 3-17 line of the J.L. Hill Survey, Abstract No. 106; 3-18 THENCE in a Westerly direction with the South line of this tract, 3-19 the North line of Chambers-Liberty Counties Navigation District 3-20 existing boundary, the South line of said School Land Survey and 3-21 the North line of the Hill Survey to a point for the Northwest 3-22 corner of the Hill Survey, a corner of this tract of land, a corner 3-23 of the existing District boundary and a corner of said School Land 3-24 Survey; 3-25 THENCE in a Southerly direction with the East line of this tract, 3-26 the East line of said School Land Survey, the West line of the Hill 3-27 Survey, the West line of Chambers-Liberty Counties Navigation 3-28 District existing boundary and the West line of the J.K. Allen 3-29 Survey, Abstract No. 31 to a point for the Southeast corner of this 3-30 tract of land, a corner of the Chambers-Liberty Counties Navigation 3-31 District boundary, the Southeast corner of said School Land Survey 3-32 and the Northeast corner of the Chambers County School Land Survey, 3-33 Abstract No. 320; 3-34 THENCE in a Westerly direction with the South line of this tract, 3-35 the North line of the Chambers-Liberty Counties Navigation District 3-36 existing boundary, the South boundary of the School Land Survey, 3-37 Abstract No. 321 and the North boundary of the School Land Survey, 3-38 Abstract 320 to a point for a corner of this tract of land, the 3-39 Southwest corner of the School Land Survey Abstract No. 321 and 3-40 the Northwest corner of the School Land Survey Abstract No. 320. 3-41 This corner is in the East line of the Andrew Beard Survey, 3-42 Abstract No. 44; 3-43 THENCE in a Northerly direction with the West line of this tract, 3-44 the East line of the Chambers-Liberty Counties Navigation District 3-45 existing boundary, the West line of the School Land Survey Abstract 3-46 No. 321 and the East line of the Beard Survey to a point for a 3-47 corner of this tract of land, a corner of the Chambers-Liberty 3-48 Counties Navigation District existing boundary, the Northeast 3-49 corner of the Beard Survey and the Southeast corner of the John 3-50 Steele Survey; 3-51 THENCE in a Westerly direction with the South line of this tract, 3-52 the North line of the Chambers-Liberty Counties Navigation District 3-53 existing boundary, the South line of the Steele Survey and the 3-54 North line of the Beard Survey to a point for a corner of this 3-55 tract of land, the Northwest corner of the Beard Survey and the 3-56 Northeast corner of the Ijams League; 3-57 THENCE in a Westerly direction with the South line of this tract, 3-58 the North line of the Chambers-Liberty Counties Navigation District 3-59 existing boundary, the South line of the Steele Survey and the 3-60 North line of the Ijams League to the PLACE OF BEGINNING, 3-61 containing within said boundaries approximately 8640 acres of land. 3-62 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 3-63 finds that the boundaries and field notes of the district form a 3-64 closure. If a mistake is made in the field notes or in copying the 3-65 field notes in the legislative process, it in no way affects the 3-66 organization, existence, and validity of the district, the right of 3-67 the district to issue any type of bonds or to issue or enter into 3-68 other types of obligations for the purposes for which the district 3-69 is created or the right of the district to levy and collect 4-1 assessments or taxes, or in any other manner affects the legality 4-2 or operation of the district or its governing body. 4-3 SECTION 5. BOARD OF DIRECTORS. (a) The district is to be 4-4 governed by a board of five (5) directors. 4-5 (b) Except for the initial directors, each director shall be 4-6 appointed by the Commissioners Court of Chambers County from a list 4-7 of candidates recommended by the board in the manner provided in 4-8 Section 375.064, Government Code. Said directors shall serve 4-9 staggered six (6) year terms with the terms of either 2 directors 4-10 or 1 director expiring on May 1 of each odd-numbered year as 4-11 provided below. Each director so appointed shall serve a term of 4-12 office of six (6) years, and until his or her successor is 4-13 appointed and has qualified. Appointments to fill an unexpired 4-14 term shall be made by the remaining directors. 4-15 (c) At the time this Act takes effect, the following persons 4-16 shall constitute the initial board of directors of the district and 4-17 are hereby appointed for the terms prescribed by Subsection (d) of 4-18 this section: 4-19 Director Position Name of Director 4-20 1 Jim Molnar 4-21 2 David Baker 4-22 3 Johnnie Jennings 4-23 4 Joseph S. Antoline 4-24 5 Gordon Christman 4-25 (d) Of the initial directors, the directors appointed for 4-26 director positions 1 and 3 shall serve until May 1, 1999; the 4-27 directors appointed for director positions 2 and 4 shall serve 4-28 until May 1, 2001; and the director appointed for director position 4-29 5 shall serve until May 1, 2003. 4-30 (e) Each initial director and each subsequent director 4-31 appointed for either a full or partial term shall meet the 4-32 following qualifications: 4-33 (i) be at least eighteen (18) years of age; and 4-34 (ii) be an owner of property in the district; or 4-35 (iii) be an owner of stock, whether beneficial or 4-36 otherwise, of a corporate owner of property in the district; or 4-37 (iv) be an owner of a beneficial interest in a trust 4-38 that owns property in the district; or 4-39 (v) be an agent, employee or tenant of a person 4-40 described in the foregoing Subdivisions (ii), (iii), or (iv). 4-41 No person may be appointed as a director or continue to serve as a 4-42 director unless they satisfy these requirements. Each director 4-43 shall qualify for office as provided in Subchapter D, Chapter 375, 4-44 Local Government Code. 4-45 (f) The board shall be governed by the terms and conditions 4-46 set forth in Subchapter C, Chapter 63, Water Code, to the extent 4-47 such provisions do not conflict with the provisions of this Act. 4-48 (g) Directors shall be compensated in the manner provided by 4-49 Section 63.098, Water Code. 4-50 SECTION 6. GENERAL POWERS. (a) The district shall have all 4-51 the rights, powers, privileges, and authority conferred by the 4-52 general law of this state applicable to districts created under 4-53 Chapters 60, 62, and 63, Water Code. The district shall also have 4-54 the rights, powers, privileges, and authority granted to districts 4-55 by Subchapters E and M, Chapter 63, Water Code, and Section 61.116, 4-56 Water Code; provided, however, bonds or other obligations issued 4-57 pursuant to any of the foregoing may be secured by revenues, 4-58 assessments, impact fees, grants or other funds of the district, or 4-59 any combination thereof. The district may acquire any interest in 4-60 land in accordance with Chapter 63, Water Code. If any provision 4-61 of the referenced laws is in conflict with or is inconsistent with 4-62 the provisions of this Act, this Act prevails. All laws or 4-63 provisions of a law referenced herein are adopted and incorporated 4-64 into this Act for all purposes and may be used by the district 4-65 independently of each other. Each law and provision of law 4-66 referenced herein is adopted and incorporated into this Act as it 4-67 is amended from time to time by the legislature. 4-68 (b) The district may finance the cost of any authorized 4-69 improvement project or services in the manner set forth in any of 5-1 the laws made applicable to the district, including Subchapter H, 5-2 Chapter 63, Water Code. No petition shall be required for the 5-3 board to be authorized to levy assessments or impact fees to 5-4 finance services and improvement projects pursuant to this Act. 5-5 (c) The district shall not have the power to levy ad valorem 5-6 taxes unless the same shall have been approved by a majority of the 5-7 district's qualified electors. 5-8 (d) The district, in exercising any of the powers conferred 5-9 by this Act, requires a relocation, adjustment, raising, lowering, 5-10 rerouting, or changing the grade of or altering the construction of 5-11 any street, alley, highway, overpass, underpass, or road, any 5-12 railroad track, bridge, or other facilities or property, any 5-13 electric lines, conduits, or other facilities or property, any 5-14 telephone or telegraph lines, conduits, or other facilities or 5-15 property, any gas transmission or distribution pipes, pipelines, 5-16 mains, or other facilities or property, any cable television lines, 5-17 cable conduits, or other facilities or property or any other 5-18 pipelines and any facilities or properties relating to those 5-19 pipelines, those relocations, adjustments, raising, lowering, 5-20 rerouting, or changing of grade, or altering of construction must 5-21 be accomplished at the sole cost and expense of the district, and 5-22 damages that are suffered by the owners of the property or 5-23 facilities shall be borne by the district. 5-24 SECTION 7. TORT CLAIMS. The district is a unit of 5-25 government for purposes of Chapter 101, Civil Practice and Remedies 5-26 Code (Texas Tort Claims Act). 5-27 SECTION 8. ANNEXATION AND EXCLUSION OF TERRITORY BY THE 5-28 DISTRICT. The district may annex land to and exclude land from the 5-29 district in the manner provided by Chapter 63, Water Code. Land 5-30 may not be annexed to the district unless the municipality in whose 5-31 extraterritorial jurisdiction (as defined in Section 42.021, Local 5-32 Government Code) the land lies consents to the annexation. 5-33 SECTION 9. MUNICIPAL ANNEXATION OF THE DISTRICT. A 5-34 municipality in whose extraterritorial jurisdiction the district 5-35 lies may annex the district in whole or in part, notwithstanding 5-36 any provision of Chapter 43, Local Government Code, and such 5-37 annexation shall not result in total or partial dissolution of the 5-38 district or an assumption by the annexing municipality of any of 5-39 the district's obligations or indebtedness. Creation of the 5-40 district shall not affect the power of any municipality, in whose 5-41 extraterritorial jurisdiction the district or part of the district 5-42 lies, to designate all or part of the district or in any way limit 5-43 the powers of said municipality conferred by virtue of Chapter 42, 5-44 Local Government Code. Creation of the district shall not affect 5-45 the power of any municipality to provide municipal services to any 5-46 area within the municipality or its extraterritorial jurisdiction 5-47 which is within the district and such municipality shall have the 5-48 same power to extend or provide municipal services after the 5-49 creation of the district as it had before its creation. Any 5-50 municipal annexation of the district, in whole or in part, shall 5-51 have no effect on the validity of the district and the district 5-52 shall continue to exist and exercise the powers granted in this 5-53 Act. 5-54 SECTION 10. BONDS AND ASSESSMENTS. (a) The district may 5-55 issue bonds payable in whole or in part from assessments, impact 5-56 fees, revenues, grants, or other funds of the district, or any 5-57 combination thereof, to pay for any purpose of the district 5-58 authorized by this Act. The board may levy and collect assessments 5-59 pursuant to the terms and conditions of Subchapter F, Chapter 375, 5-60 Local Government Code, for any authorized purpose to the extent 5-61 they do not conflict with other provisions of this Act. 5-62 (b) No approval of bonds issued by the district shall be 5-63 required other than that of the Attorney General in accordance with 5-64 the provisions of Section 375.205, Local Government Code, and that 5-65 of the Texas Natural Resource Conservation Commission if the bonds 5-66 are issued for a purpose which requires such approval by Section 5-67 375.208, Local Government Code. 5-68 (c) Assessments or reassessments by the district, penalties 5-69 and interest thereon, expenses of collection, and reasonable 6-1 attorneys fees, if incurred, are a first and prior lien against the 6-2 property assessed, superior to all other liens and claims except 6-3 liens or claims for state, county, school district or municipality 6-4 ad valorem taxes, and are a personal liability of and charge 6-5 against the owners of the property regardless of whether the owners 6-6 are named in the assessment proceedings. The lien is effective 6-7 from the date of the resolution of the board levying the assessment 6-8 until the assessment is paid and may be enforced by the board in 6-9 the same manner that an ad valorem tax lien against real property 6-10 may be enforced by the board. 6-11 SECTION 11. IMPACT FEES. The district may impose impact 6-12 fees as provided by Subchapter G, Chapter 375, Local Government 6-13 Code, for any authorized purpose. Because the district is created 6-14 in an area that is devoted primarily to industrial, commercial and 6-15 business activity, the district may not impose an impact fee or 6-16 assessment on a single family residential property, or any 6-17 residential duplex, triplex, quadruplex, or condominium. 6-18 SECTION 12. DISSOLUTION OF THE DISTRICT. The district may 6-19 be dissolved as provided in either Section 375.261 or Section 6-20 375.262, Local Government Code. If the district is dissolved as 6-21 set forth in this Act, the district shall remain in existence 6-22 solely for the limited purpose of discharging its bonds or other 6-23 obligations in accordance with their terms. 6-24 SECTION 13. COMPETITIVE BIDDING. The district shall 6-25 contract for services, improvements or the purchase of materials, 6-26 machinery, equipment, supplies, and other property as provided by 6-27 Section 375.221, Local Government Code. 6-28 SECTION 14. NOTICE AND CONSENT. The legislature finds that 6-29 proper and legal notice of the intention to introduce this Act, 6-30 setting forth the general substance of this Act, has been published 6-31 as provided by law, and the notice and a copy of this Act have been 6-32 furnished to all persons, agencies, officials, or entities to which 6-33 they are required to be furnished by the constitution and laws of 6-34 this state, including the governor of Texas, who has submitted the 6-35 notice and Act to the Texas Natural Resource Conservation 6-36 Commission. The legislature also finds that the Texas Natural 6-37 Resource Conservation Commission has filed its recommendations 6-38 relating to this Act with the governor, lieutenant governor, and 6-39 speaker of the house of representatives within the required time. 6-40 The general law relating to consent by political subdivisions to 6-41 the creation of districts with conservation, reclamation, and road 6-42 powers and the inclusion of land in those districts has been 6-43 complied with, and all requirements of the constitution and laws of 6-44 this state and the rules and procedures of the legislature with 6-45 respect to the notice, introduction and passage of this Act have 6-46 been fulfilled and accomplished. 6-47 SECTION 15. SEVERABILITY CLAUSE. The provisions of this Act 6-48 are severable, and if any provision or part of this Act or the 6-49 application thereof to any person or circumstance shall ever be 6-50 held by any court of competent jurisdiction to be invalid or 6-51 unconstitutional for any reason, the remainder of this Act and the 6-52 application of such provision or part of this Act to other persons 6-53 or circumstances shall not be affected thereby. 6-54 SECTION 16. EMERGENCY CLAUSE. The importance of this 6-55 legislation and the crowded condition of the calendars in both 6-56 houses create an emergency and an imperative public necessity that 6-57 the constitutional rule requiring bills to be read on three several 6-58 days in each house be suspended, and this rule is hereby suspended, 6-59 and that this Act take effect and be in force from and after its 6-60 passage, and it is so enacted. 6-61 * * * * *