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  H.B. No. 4112
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4112 was passed by the House on May
  11, 2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4112 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor