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  S.B. No. 1071
 
 
 
 
AN ACT
  relating to the creation of Cade Ranch 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 9009 to read as follows:
  CHAPTER 9009.  CADE RANCH WATER CONTROL AND IMPROVEMENT DISTRICT
  NO. 1 OF GALVESTON COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9009.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means Cade Ranch Water Control and
  Improvement District No. 1 of Galveston County.
         Sec. 9009.002.  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. 9009.003.  CONFIRMATION ELECTION REQUIRED.  If the
  creation of the district is not confirmed at a confirmation
  election held under Section 9009.024 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Galveston County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 9009.004.  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 district or the
  board.
         [Sections 9009.005-9009.020 reserved for expansion]
  SUBCHAPTER A1.  TEMPORARY PROVISIONS
         Sec. 9009.021.  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 Texas Commission on Environmental Quality shall
  appoint as temporary directors the five persons named in the first
  petition received by the commission under Subsection (a).
         (c)  If a temporary director fails to qualify for office, the
  Texas Commission on Environmental Quality shall appoint a person to
  fill the vacancy.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  9009.024; or
               (2)  the date this chapter expires under Section
  9009.003.
         Sec. 9009.022.  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. 9009.023.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 9009.024
  until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located, if any, has
  adopted a resolution consenting to the creation of the district.
         Sec. 9009.024.  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. 9009.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 9009.024 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors under Section 9009.052 and which three shall
  serve until the second regularly scheduled election of directors.
         Sec. 9009.026.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2014.
  [Sections 9009.027-9009.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 9009.051.  DIRECTORS; TERMS.  (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 9009.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 9009.053-9009.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 9009.101.  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 Section 51.331, Water Code.
         Sec. 9009.102.  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 turnpikes, or improvements
  in aid of those roads or turnpikes, 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 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 the 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. 9009.103.  POWERS AND DUTIES FOR NAVIGATION PURPOSES.  
  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, and
  authorized by Section 59, Article XVI, Texas Constitution.
         Sec. 9009.104.  DIVISION OF THE DISTRICT.  (a)  The district
  may be divided into two new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure prescribed in Sections
  53.030-53.034, 53.040, and 53.041, Water Code, applies to the
  district.  Notwithstanding Section 9009.101, Sections
  51.748-51.753, Water Code, do not apply to the district.
         (c)  Any new district created by the division of the district
  has all the powers and duties of the district.
         (d)  At the time of creation, any new district created by the
  division of the district may not contain any land outside the area
  described by Section 2 of the Act creating this chapter.
         Sec. 9009.105.  DISSOLUTION OF DISTRICT. Notwithstanding
  Section 43.071, Local Government Code, or any other general law,
  prior to December 31, 2017, the district may be dissolved only upon
  approval of the board of directors of the district and the approval
  of the governing body of each city or town within whose corporate
  limits or extraterritorial jurisdiction the district lies.
  [Sections 9009.106-9009.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 9009.151.  TAX TO REPAY BONDS.  The district may impose
  a tax to pay the principal of or interest on bonds issued under
  Section 9009.201.
  [Sections 9009.152-9009.200 reserved for expansion]
  SUBCHAPTER E.  BONDS
         Sec. 9009.201.  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 9009.101 and 9009.102.
         (b)  The district may not issue bonds to finance projects
  authorized by Section 9009.102 unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the district voting
  at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 9009.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  Cade Ranch Water Control and Improvement
  District No. 1 of Galveston County initially includes all the
  territory contained in the following area:
  Survey of part of the John Andrews Survey A-23, German Emigration
  Company Survey A-74, German Emigration Company Survey A-73, Frank
  Passano Survey A-166, Frank Passono A-165, Alexander Edgar Survey
  A-61, Elias Stone Survey A-188, Alexander Edgar A-62, and being
  more particularly described by metes and bounds as follows:
  BEGINNING at the Southwest corner of the said Alexander Edgar
  Survey A-61 being in the East line of the Joseph Dunman Survey and
  at the Mean High Water line of the Gulf of Mexico;
  THENCE N 25°53'29"W, along the common Dunman and Edgar lines, at a
  distance of 497.43 feet passing a found 1" I pipe marking the
  Northerly line of State Highway No. 87, for a total distance of
  7115.23 feet to a found 3" I pipe marking the Northwest corner of
  the said Alexander Edgar Survey A-61 and the Southwest corner of the
  B.T. Masterson Survey;
  THENCE N 64°12'43" E, a distance of 1866.10 feet (called 1866.67')
  to a found 1 1/2" i pipe marking the Northeast corner of the said
  Alexander Edgar Survey A-61 and the Northwest corner of the
  Alexander Edgar Survey A-62;
  THENCE S 25°53'34" E, along the common Edgar line, a distance of
  5598.47 feet to a found 2" I pipe marking the Southwest corner of
  the Northwest 240 acres of the said Alexander Edgar Survey A-62;
  THENCE N 64°06'53" E, a distance of 1866.37 feet (Called 1866.67')
  to the West line of the Frank Passano A-166;
  THENCE N 25°52'59" W, along the common Edgar and Passano line, a
  distance of 5592.68 feet to a found 3/4" I rod marking the Northeast
  corner of the Alexander Edgar Survey A-61;
  THENCE S 64°36'30" W, a distance of 699.92 feet to a found 3"
  concrete monument marking the Southeast corner of the said
  Masterson Survey:
  THENCE N 25°52'57" W, along the common Masterson and Passono line, a
  distance of 2308.47 feet to a found 3" concrete monument marking the
  Northwest corner of the said Frank Passano A-166 and the Southwest
  corner of SF 7139;
  THENCE N 58°50'51" E, along the common Passono and SF 7139 line, a
  distance of 920.83 feet:
  THENCE N 30°05'51" E, a distance of 1952.99 feet to the West line of
  the German Emigration Survey A-73;
  THENCE N 25°53'32" W, along the said German Emigration Survey A-73
  West line, a distance of 485.91 feet to its Northwest corner and the
  South corner of the Frank Passono A-165 and a found ½" I rod in
  concrete:
  THENCE N 72°08'42" W, along the Passano West line and the East line
  of SF 7139 and USA tract S 105 A-667, a distance of 1116.67 feet;
  THENCE N 02°53'42" W, a distance of 825.0 feet;
  THENCE N 67°06'18" E, along the Passano North line, a distance of
  3111.11 feet;
  THENCE N 77°29'31" E, along the Passano North line, a distance of
  2355.14 feet to the Northwest corner of the Issac Lowrie Survey and
  the Northeast corner of the Passano Survey in the middle of a bayou;
  THENCE crossing said bayou, S 25°53'32" E, a distance of 866.41 feet
  to the Northeast corner of German Emigration Survey A-74 in the said
  bayou:
  THENCE continuing S 25°53'32" E, a distance of 1145.79 feet to the
  Northwest corner of the John Andrews Survey A-23 and the Southwest
  corner of the said Issac Lowie Survey:
  THENCE N 64°33'48" E, along the North line of the John Andrews Survey
  and the Elias Stone Survey and the South line of the said Issac
  Lowie Survey, at a distance of 160 feet crossing a bayou, at a
  distance of 3810 feet crossing a bayou, at a distance of 7735 feet
  crossing a bayou, a total distance of 8231.94 feet to a found 5/8 " I
  rod marking the Northeast corner of the remainder portion of the
  Stone Survey and from which a found "Yount Lee Monument" marking the
  Northeast corner of the Nicholas Fitzsimmons Survey was found N
  64°33'48" E a distance of 4504.42 feet and a 5/8" I rod marking the
  Northwest corner of the Fitzsimmons and the Northeast corner of the
  Stone was found N 64°33'48" E a distance of 1864.08 feet:
  THENCE S 25°53'32" E, at a distance of 3095.57 feet passing the
  interior East corner of the said Stone and the Northwest corner of
  the Wm Hudson Survey, at a distance of 9459.95 passing a found 2" I
  pipe marking the intersection of the common line of the Stone and
  Hudson Survey and the Northerly line of State Highway No. 87, for a
  total distance of 9899.00 feet to the Mean High Water line of the
  Gulf of Mexico:
  THENCE along the said Mean High Water line, the following courses
  (L-1) S 64°02'42" W, a distance of 575.22 feet:
  (L-2) S 63°50'42" W, a distance of 494.89 feet:
  (L-3) S 63°16'31" W, a distance of 499.98 feet:
  (L-4) S 65°12'08" W, a distance of 528.51 feet:
  (L-5) S 63°57'11" W, a distance of 521.49 feet:
  (L-6) S 63°54'27" W, a distance of 548.00 feet:
  (L-7) S 62°45'33" W, a distance of 553.19 feet to the Southwest
  corner of the Stone Survey and the Southeast corner of the George
  Hodge Survey:
  THENCE N 25°56'15" W, along the common Stone and Hodge line, at a
  distance of 371.93 feet passing a found brass rod in concrete in the
  Southerly Right-of-way line of State Highway No. 87, a total
  distance of 6675.46 feet to a found ½" I rod in concrete marking the
  Northeast corner of the said Hodge Survey:
  THENCE S 64°33'45" W , along the common Stone and Hodge line, a
  distance of 1866.67 feet to the Northwest corner of the said Hodge
  Survey in the East line of the said Andrew Survey:
  THENCE S 25°56'15" E, along the common Hodge and Andrews line, at a
  distance of 6316.73 feet passing a found ½" I rod in the Northerly
  line of State Highway No. 87, a total distance of 6602.64 feet to
  the said Mean High Water line of the Gulf of Mexico:
  THENCE along the said Mean High Water line, the following courses,
  (L-8) S 64°55'34" W, a distance of 226.88 feet:
  (L-9) S 64°08'47" W, a distance of 604.26 feet:
  (L-10) S 64°50'25" W, a distance of 441.59 feet:
  (L-11) S 64°17'20" W, a distance of 1040.26 feet:
  (L-12) S 64°45'52" W, a distance of 513.03 feet:
  (L-13) S 64°46'54" W, a distance of 481.88 feet:
  (L-14) S 64°35'20" W, a distance of 965.94 feet:
  (L-15) S 64°45'05" W, a distance of 549.87 feet:
  (L-16) S 64°40'39" W, a distance of 1022.67 feet:
  (L-17) S 64°36'18" W, a distance of 463.83 feet:
  (L-18) S 64°12'56" W, a distance of 519.57 feet:
  (L-19) S 64°45'11" W, a distance of 1015.97 feet:
  (L-20) S 64°48'38" W, a distance of 446.23 feet:
  (L-21) S 64°19'15" W, a distance of 550.14 feet:
  (L-22) S 63°38'24" W, a distance of 441.93 feet:
  (L-23) S 63°10'08" W, a distance of 549.74 feet:
  (L-24) S 64°45'38" W, a distance of 470.20 feet:
  (L-25) S 62°10'44" W, a distance of 520.78 feet:
  (L-26) S 65°42'19" W, a distance of 471.99 feet:
  (L-27) S 62°29'53" W, a distance of 534.49 feet:
  (L-28) S 64°13'43" W, a distance of 575.28 feet:
  (L-29) S 62°49'50" W, a distance of 345.86 feet:
  (L-30) S 58°29'31" W, a distance of 296.81 feet:
  (L-31) S 67°13'24" W, a distance of 83.09 feet to the POINT OF
  BEGINNING and containing a calculated area of 3,821.03 acres part
  of which is tidal and subject to the rights of the State of Texas,
  and including 46.43 acres within the said State Highway No. 87
  right-of-way.
         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 hereby certify that S.B. No. 1071 passed the Senate on
  May 8, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1071 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor