80R15319 SGA-F

By: Eiland H.B. No. 4112

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Bolivar Yacht Basin Water Control and Improvement District No. 1 of Galveston County; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle I, Title 6, Special District Local Laws Code, is amended by adding Chapter 9027 to read as follows: CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GALVESTON COUNTY SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9027.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Bolivar Yacht Basin Water Control and Improvement District No. 1 of Galveston County.

Sec. 9027.002. NATURE OF DISTRICT. The district is a water control and improvement district in Galveston County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 9027.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 9027.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Galveston County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 9027.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or indebtedness; or

(4) the legality or operation of the board. [Sections 9027.005-9027.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 9027.021. TEMPORARY DIRECTORS. (a) On or after September 1, 2007, a person who owns land in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.

(b) The commission shall appoint as temporary directors the five persons named in the first petition received by the commission.

(c) If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 9027.023; or

(2) the date this chapter expires under Section 9027.003.

Sec. 9027.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the meeting shall be at the Galveston County Courthouse. At the meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 9027.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Sec. 9027.024. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 9027.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 9027.052 and which three shall serve until the second regularly scheduled election of directors.

Sec. 9027.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 9027.026-9027.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9027.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Sec. 9027.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. [Sections 9027.053-9027.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 9027.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution, including the powers provided by Section 51.331, Water Code.

Sec. 9027.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(b) A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution. If a district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution.

Sec. 9027.103. NAVIGATION POWERS. The district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside and outside the district, canals, waterways, bulkheads, docks, and any other improvements or facilities necessary or convenient to accomplish the navigation purposes of the district under Chapters 60 and 62, Water Code, as authorized by Section 59, Article XVI, Texas Constitution.

Sec. 9027.104. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) Any new district created by the division of the district has all the powers and duties of the district.

(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

(d) The board, on its own motion or on receipt of a petition signed by the owners of a majority of the assessed value of real property in the district according to the most recent certified appraisal roll for Galveston County, may adopt an order dividing the district.

(e) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities among the new districts.

(f) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order dividing the district with the Texas Commission on Environmental Quality and record the order in the real property records of Galveston County.

(g) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 49.102, Water Code.

(h) Any new district created by the division of the district must hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes. [Sections 9027.105-9027.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9027.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds issued under Section 9027.201. [Sections 9027.152-9027.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 9027.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 51, Water Code, to finance the construction, maintenance, or operation of projects under Sections 9027.101 and 9027.102.

(b) The district may not issue bonds to finance projects authorized by Section 9027.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 9027.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Bolivar Yacht Basin Water Control and Improvement District No. 1 of Galveston County initially includes all the territory contained in the following area: Being various tracts in the A.Van Nordstrand Survey, Abstract 203, Galveston County, Texas, as conveyed to Bolivar Vanguard under County Clerk File Numbers (CCFN) 2006017606 ,2006017607, 2006017608, 2006033871 and 2006021529 of the Galveston County Deed Records (G.C.D.R.), Galveston County, Texas and being 68.616 Acres of the 71.172 Acre Tract Described in Divorce Decree and granted to Shirley Marie Barrow, as recorded in Film Code No. 013-82-0583 (GCDR), a 61.185 Acre Tract 1, a 0.996 Acre Tract 2, a 53.487 Acre Tract 3, a 14.186 Acre Tract 4 all previously conveyed to Michael Roy Lange in (CCFN) 2000022957 (GCDR), a 1.767 Acre Tract 1, a 0.316 Acre Tract 3 and a 0.217 Acre Tract 4 out of the called 19.40 acre tract previously conveyed to Edward Robin, et al as recorded in Volume 2191, Page 540 (GCDR) and a 11.810 Acre Tract 2 as previously conveyed to V.L. Properties, Inc in CCFN 2000060786 (GCDR), and being more particularly described by metes and bounds as follows; BEGINNING at a 1" I pipe found marking the Southwest corner of the said 68.616 acre Barrow tract the Southeast corner of the said 0.996 Acre Tract 2 and the North line of State Highway no. 87; THENCE S 54°15'39"W, at a distance of 542.05 feet passing the Southwest corner of said Tract 2 and the most Southerly Southeast corner of said 61.185 Acre Tract 1, for a total distance of 593.42 feet to the Southwest corner of said 61.185 Acre Tract 1, and the Southeast corner of the said 53.487 Acre Tract 3 and a found angle iron; THENCE S 52°24'08"W, continuing along said State Highway No. 87, a distance of 525.56 feet to the Southwest corner of said 53.487 Acre Tract 3; THENCE N31°43'27"W, a distance of 709.45 feet to the Southeast corner of said 14.186 acre Tract 4; THENCE S 58°16'33"W, a distance of 205.00 feet to a found 1" I pipe marking the Southwest corner of said 14.186 Acre tract 4 in the East line of Johnson Road; THENCE N 31°13'57"W, along said Johnson Road and said Tract 4, a distance of 3250.51 feet to a found 1/2" I Rod THENCE N 58°16'33"E, a distance of 175.22 feet to the West line of said 53.487 Acre Tract 3 and a 1/2" I rid THENCE N 31°43'27"W, a distance of 467.25 to the South line of the original 300' Intracoastal Canal Right-of-Way line; THENCE N46°04'43"E, along the said 300 foot right-of-way line, at a distance of 1153.63 feet to the Northeast corner of said 61.185 Acre Tract 1; THENCE S31°35'15"E, a distance of 99.86 fee to the Northwest corner of the said 11.810 acre Tract 2; THENCE N44°49' E, a distance of 168.99 feet to the Northeast corner of said 11.810 acre Tract 2; THENCE S 19°13'42" E, a distance of 114.94 Feet to a point for an angle point; THENCE N77°27'22" E, a distance of 6.76 Feet to a point for an angle point; THENCE S 01°53'55" W, a distance of 60.00 Feet to a point for an angle point; THENCE S 24°46'05" E, a distance of 86.00 Feet to a point for an angle point; THENCE S 63°01'05" E, a distance of 43.50 Feet to the Northwest corner of the said 1.767 acre Tract 1; THENCE N 76°42'55" E, a distance of 239.10 Feet to a point for an angle point; THENCE N 11°00'50" W, a distance of 55.55 Feet to a point for an angle point; THENCE N 83°59'55" E, a distance of 258.52 Feet to a point for the northeast corner of the herein described tract, and being in the West line of Yacht Basin Road West; THENCE S 23°59'13"E, along Yacht Basin Road West, a distance of 136.65 feet to the Southeast corner of said 1.767 acre Tract 1 and East line of said 11.810 Acre Tract 2; THENCE S 23°03'06"E, continuing along Yacht Basin Road West, a distance of 32.21 feet to the North corner of said 0.217 Acre Tract 4; THENCE S 23°42'50"E, continuing along Yacht Basin Road West, a distance of 46.72 feet to the North interior corner of said 0.217 Acre Tract 4; THENCE N 66°13'55"E, along Yacht Basin Road West, a distance of 29.95 feet to the Northeast corner of said 0.217 Acre Tract 4 and the Northwest corner of Ocean Resort Properties Tract recorded in Film Code No. 016-49-1939 GCDR; THENCE S 23°46'24"E, a distance of 247.43 feet to the East line of said 11.810 Acre Tract 2; THENCE N 71°21'37"E, a distance of 347.37 feet to the Northeast corner of the said 68.616 Acre Barrow Tract; THENCE S 31°38'37"E, a distance of 3288.83 feet to the Northeast corner of Bolivar Peninsula Special Utility District Tract recorded in 2005076665 GCDR; THENCE S 54°09'06"W, a distance of 150.00 feet; THENCE S 31°38'37"E, a distance of 200.00 feet to the Southwest corner of the said BPSUD Tract and the Southeast corner of the said 68.616 acre Barrow Tract and being in the North line of said State highway No. 87; THENCE S 54'08'09"W, along said State Highway no. 87, a distance of 766.32 feet to the PLACE OF BEGINNING and containing 212.58 acres part of which are submerged. Bearings are State Plane Grid Bearings, Texas South Central Zone, NAD 83 Adj.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect September 1, 2007.