CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GALVESTON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 1 OF GALVESTON COUNTY

For contingent expiration of this chapter, see Section 9027.003.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9027.025.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

Sec. 9027.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1289, Sec. 1, eff. September 1, 2007.