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AN ACT
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relating to the creation of the Bolivar Yacht Basin Water Control |
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and Improvement District No. 1 of Galveston County; providing |
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authority to impose a tax and issue bonds; granting the power of |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9027 to read as follows: |
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CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 1 OF GALVESTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9027.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Bolivar Yacht Basin Water |
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Control and Improvement District No. 1 of Galveston County. |
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Sec. 9027.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district in Galveston County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9027.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 9027.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Galveston County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 9027.004. 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 impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the board. |
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[Sections 9027.005-9027.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 9027.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the |
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commission. |
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(c) If a temporary director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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9027.023; or |
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(2) the date this chapter expires under Section |
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9027.003. |
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Sec. 9027.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. If a location cannot be |
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agreed upon, the meeting shall be at the Galveston County |
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Courthouse. At the meeting the temporary directors shall elect |
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officers from among the temporary directors and conduct any other |
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district business. |
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Sec. 9027.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 9027.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 9027.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors under Section 9027.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 9027.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9027.026-9027.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9027.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 9027.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 9027.053-9027.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9027.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, |
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including the powers provided by Section 51.331, Water Code. |
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Sec. 9027.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads, |
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inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. |
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If the district is located outside the extraterritorial |
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jurisdiction of a municipality, a road project must meet or exceed |
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all applicable construction standards, zoning and subdivision |
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requirements, and regulatory ordinances of each county in which the |
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district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. If a district is located outside the extraterritorial |
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jurisdiction of a municipality, the district may not undertake a |
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road project unless each county in which the district is located |
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consents by ordinance or resolution. |
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Sec. 9027.103. NAVIGATION POWERS. The district may |
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purchase, construct, acquire, own, operate, maintain, improve, or |
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extend, inside and outside the district, canals, waterways, |
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bulkheads, docks, and any other improvements or facilities |
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necessary or convenient to accomplish the navigation purposes of |
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the district under Chapters 60 and 62, Water Code, as authorized by |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 9027.104. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owners of a majority of the assessed value of real |
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property in the district according to the most recent certified |
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appraisal roll for Galveston County, may adopt an order dividing |
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the district. |
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(e) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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among the new districts. |
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(f) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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dividing the district with the Texas Commission on Environmental |
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Quality and record the order in the real property records of |
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Galveston County. |
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(g) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 49.102, Water Code. |
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(h) Any new district created by the division of the district |
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must hold an election in the manner provided by Chapters 49 and 51, |
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Water Code, to obtain voter approval before the district may impose |
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a maintenance tax or issue bonds payable wholly or partly from ad |
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valorem taxes. |
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[Sections 9027.105-9027.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9027.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 9027.201. |
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[Sections 9027.152-9027.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 9027.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of projects under Sections |
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9027.101 and 9027.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 9027.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 9027.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Bolivar Yacht Basin Water Control and |
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Improvement District No. 1 of Galveston County initially includes |
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all the territory contained in the following area: |
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Being various tracts in the A.Van Nordstrand Survey, Abstract 203, |
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Galveston County, Texas, as conveyed to Bolivar Vanguard under |
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County Clerk File Numbers (CCFN) 2006017606 ,2006017607, |
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2006017608, 2006033871 and 2006021529 of the Galveston County Deed |
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Records (G.C.D.R.), Galveston County, Texas and being 68.616 Acres |
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of the 71.172 Acre Tract Described in Divorce Decree and granted to |
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Shirley Marie Barrow, as recorded in Film Code No. 013-82-0583 |
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(GCDR), a 61.185 Acre Tract 1, a 0.996 Acre Tract 2, a 53.487 Acre |
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Tract 3, a 14.186 Acre Tract 4 all previously conveyed to Michael |
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Roy Lange in (CCFN) 2000022957 (GCDR), a 1.767 Acre Tract 1, a 0.316 |
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Acre Tract 3 and a 0.217 Acre Tract 4 out of the called 19.40 acre |
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tract previously conveyed to Edward Robin, et al as recorded in |
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Volume 2191, Page 540 (GCDR) and a 11.810 Acre Tract 2 as previously |
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conveyed to V.L. Properties, Inc in CCFN 2000060786 (GCDR), and |
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being more particularly described by metes and bounds as follows; |
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BEGINNING at a 1" I pipe found marking the Southwest corner of the |
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said 68.616 acre Barrow tract the Southeast corner of the said 0.996 |
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Acre Tract 2 and the North line of State Highway no. 87; |
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THENCE S 54°15'39"W, at a distance of 542.05 feet passing the |
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Southwest corner of said Tract 2 and the most Southerly Southeast |
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corner of said 61.185 Acre Tract 1, for a total distance of 593.42 |
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feet to the Southwest corner of said 61.185 Acre Tract 1, and the |
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Southeast corner of the said 53.487 Acre Tract 3 and a found angle |
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iron; |
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THENCE S 52°24'08"W, continuing along said State Highway No. 87, a |
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distance of 525.56 feet to the Southwest corner of said 53.487 Acre |
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Tract 3; |
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THENCE N31°43'27"W, a distance of 709.45 feet to the Southeast |
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corner of said 14.186 acre Tract 4; |
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THENCE S 58°16'33"W, a distance of 205.00 feet to a found 1" I pipe |
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marking the Southwest corner of said 14.186 Acre tract 4 in the East |
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line of Johnson Road; |
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THENCE N 31°13'57"W, along said Johnson Road and said Tract 4, a |
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distance of 3250.51 feet to a found 1/2" I Rod |
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THENCE N 58°16'33"E, a distance of 175.22 feet to the West line of |
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said 53.487 Acre Tract 3 and a 1/2" I rid |
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THENCE N 31°43'27"W, a distance of 467.25 to the South line of the |
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original 300' Intracoastal Canal Right-of-Way line; |
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THENCE N46°04'43"E, along the said 300 foot right-of-way line, at a |
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distance of 1153.63 feet to the Northeast corner of said 61.185 Acre |
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Tract 1; |
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THENCE S31°35'15"E, a distance of 99.86 fee to the Northwest corner |
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of the said 11.810 acre Tract 2; |
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THENCE N44°49' E, a distance of 168.99 feet to the Northeast corner |
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of said 11.810 acre Tract 2; |
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THENCE S 19°13'42" E, a distance of 114.94 Feet to a point for an |
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angle point; |
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THENCE N77°27'22" E, a distance of 6.76 Feet to a point for an angle |
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point; |
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THENCE S 01°53'55" W, a distance of 60.00 Feet to a point for an |
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angle point; |
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THENCE S 24°46'05" E, a distance of 86.00 Feet to a point for an |
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angle point; |
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THENCE S 63°01'05" E, a distance of 43.50 Feet to the Northwest |
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corner of the said 1.767 acre Tract 1; |
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THENCE N 76°42'55" E, a distance of 239.10 Feet to a point for an |
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angle point; |
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THENCE N 11°00'50" W, a distance of 55.55 Feet to a point for an |
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angle point; |
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THENCE N 83°59'55" E, a distance of 258.52 Feet to a point for the |
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northeast corner of the herein described tract, and being in the |
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West line of Yacht Basin Road West; |
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THENCE S 23°59'13"E, along Yacht Basin Road West, a distance of |
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136.65 feet to the Southeast corner of said 1.767 acre Tract 1 and |
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East line of said 11.810 Acre Tract 2; |
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THENCE S 23°03'06"E, continuing along Yacht Basin Road West, a |
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distance of 32.21 feet to the North corner of said 0.217 Acre Tract |
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4; |
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THENCE S 23°42'50"E, continuing along Yacht Basin Road West, a |
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distance of 46.72 feet to the North interior corner of said 0.217 |
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Acre Tract 4; |
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THENCE N 66°13'55"E, along Yacht Basin Road West, a distance of |
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29.95 feet to the Northeast corner of said 0.217 Acre Tract 4 and |
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the Northwest corner of Ocean Resort Properties Tract recorded in |
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Film Code No. 016-49-1939 GCDR; |
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THENCE S 23°46'24"E, a distance of 247.43 feet to the East line of |
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said 11.810 Acre Tract 2; |
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THENCE N 71°21'37"E, a distance of 347.37 feet to the Northeast |
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corner of the said 68.616 Acre Barrow Tract; |
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THENCE S 31°38'37"E, a distance of 3288.83 feet to the Northeast |
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corner of Bolivar Peninsula Special Utility District Tract recorded |
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in 2005076665 GCDR; |
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THENCE S 54°09'06"W, a distance of 150.00 feet; |
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THENCE S 31°38'37"E, a distance of 200.00 feet to the Southwest |
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corner of the said BPSUD Tract and the Southeast corner of the said |
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68.616 acre Barrow Tract and being in the North line of said State |
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highway No. 87; |
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THENCE S 54'08'09"W, along said State Highway no. 87, a distance of |
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766.32 feet to the PLACE OF BEGINNING and containing 212.58 acres |
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part of which are submerged. |
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Bearings are State Plane Grid Bearings, Texas South Central Zone, |
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NAD 83 Adj. |
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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, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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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, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This 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 certify that H.B. No. 4112 was passed by the House on May |
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11, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4112 was passed by the Senate on May |
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23, 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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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |