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CC Resolution No. 1841 18 RESOLUTION NO. 1841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 3158, AS AMENDED, RELATING TO THE NAME, POWERS, AND BOARD OF DIRECTORS OF THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Cedar Bayou has evolved into a vital asset to Chambers County and the City of Baytown by providing recreational and business opportunities and growth to its citizens; and WHEREAS, its development as a valuable asset should be carefully managed so that local interests affected thereby will be protected; and WHEREAS, two political subdivisions of the State have the authority to conceive and control projects to improve the Bayou's navigability; and WHEREAS, it is desirable to consolidate that authority over the Bayou in a single entity; WHEREAS, the City Council of the City of Baytown, Texas, desires to register its support of HB 3158; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown hereby endorses and encourages the passage of House Bill 3158, as amended and attached hereto as Exhibit "A," relating to the name, powers, and board of directors of the Chambers County-Cedar Bayou Navigation District as introduced in the House of Representatives by Representative Smith. Section 2: That the City Council of the City of Baytown believes this action by the Texas Legislature will be most beneficial to all residents of area within and surrounding the Chambers County- Cedar Bayou Navigation District. Section 3: This resolution shall take effect immediately m and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affirmative t of the City Council of the City of Baytown this the 22" day of March, 2007. SST DONCARLOS, M yor Clerk APPRRO--V-E-D A�S TO F M: ACIO RAMIREZ, SR., City At mey R:\Koren\Files\City Council\Resolutions\20 arch 22\SupportingHB3158.doc ' 07 Sy: _.B. No. Substitute the following for _.B. No. _ By: C.S._.B. No. A BILL TO BE ENTITLED 1- AN ACT 2 relating to the name, powers, and board of directors of the Chambers 3 County-Cedar Bayou Navigation District. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Section 1(a) , Chapter 589, Acts of the 75th 6 Legislature, Regular Session, 1997, is amended to read as follows: 7 (a) The [m5.-_.. is sweated _-a _etak ishh a -] special 8 district [te be] known as the "Cedar ["Ghambe---^^^nty Geda*1 Bayou 9 Navigation District" J*h"] is a governmental agency, a body 10 politic and corporate, and a political subdivision of the state. 11 SECTION 2. Section 2, Chapter 589, Acts of the 75th 12 Legislature, Regular Session, 1997, is amended to read as follows: 13 Sec. 2. DEFINITION. In this Act, "district" means the Cedar 14 [n..__,.__.. ,._.w.._.._d__] Bayou Navigation District. 15 SECTION 3. Section 5, Chapter 589, Acts of the 75th 16 Legislature, Regular Session, 1997, is amended to read as follows: 17 Sec. 5. BOARD OF DIRECTORS. (a) The district is to be 18 governed by aboard of seven [ffil--e (S)l directors. 19 (b) The five directors serving, in director positions 1, 2, 20 3, 4, and 5 [ ] shall 21 be appointed by the Commissioners Court of Chambers County from a 22 list of candidates recommended by the board in the manner provided S 23 in Section 375.064, Local Government Cod Said directors shall 24 serve staggered six (6) year terms with the terms of the directors BOR10838 SGA-F 1 i Rider page 1, line 23 or, if the Commissioners Court of Chambers County is not satisfied with any of the recommendations as may be submitted by the board, from nominees submitted by members of the Commissioners Court of Chambers County. it i I in positions 1 and 3 ex irin Ma 1 of an odd-numbered Veai, the 2 directors in ositions 2 and 4 ex irin Ma 1 of another 3 odd-numbered ear and the director in osition 5 ex irin Ma 1 of 4 another odd-numbered Year L s 6 Each director so appointed shall serve a term of office of six (6) 7 years, and until his or her successor is appointed and has 8 qualified. Appointments to fill an unexpired term shall be made by 9 the remaining directors. 10 (c) one director, who shall serve in director position 6, 11 shall be appointed by the mayor of the City of Baytown, and one 12 director, who shall serve in director position 7, shall be 13 appointed by the city council of the City of Baytown. The two III 14 directors shall serve staggered six (6) Year terms with the term of 15 the director in position 6 expiring May 1 of the odd-numbered year . 16 in which the terms of positions 1 and 3 expire and with the term of 17 the director in position 7 expiring May 1 of the odd-numbered year 18 in which the terms of positions 2 and 4 expire. Each director 19 appointed to serve in position 6 or 7 shall serve a.term of office of 20 six (6) years and until his or her successor istappointed and has 21 qualified Appointments to fill an unexpired term in position 6 22 shall be made by the mayor of the City of Baytown, and appointments 23 to fill an unexpired term in position 7 shall be made by the city 24 council of the City of Baytown. [ 48akes ^"^"a 25 the ej;jn9—p ee a sha!3 senetiBete the Inklal beard eis J BOR10838 SGA-P 2 f 1 (Vireetes Poslialen .. lri- 2 [4 dim KeinaL. 3 [,a 8a sid-Baker• .4 [3 2ahmn e'^3emiagn 6 [5 Gq*dQH Ghfietimal"l 7 (d) Directors serving in director positions 1, 2, 3, 4, and 9 10 appelated SGE dih"Gtev _ a..i__.s 2 ....a e shall 11 J C_* di ffiete- _i,. _ 6 shall hll 12 i l May 2., 2992 14 aggeialiedl for either a full or partial term shall meet the 15 following qualifications: 16 (i) be at least eighteen (18) years of age; and 17 (ii) be an owner of property in the district; or 18 (iii) be an owner of stock, whether beneficial or 19 otherwise, of a corporate owner of property in the district; or 20 (iv) be an owner of a beneficial interest in a trust 21 that owns property in the district; or 22 (v) be an agent, employee or tenant of a person 23 described in the foregoing Subdivisions (ii), (iii) , or (iv) .. 24 (e) Directors serving in director positions 6 and 7 shall 25 meet the following qualifications: 26 (1) be at least 18 years of age; and 27 (2) be a resident of the City of Baytown. 8OR10838 SGA-P 3 I (f) No person may be appointed as a director or continue to 2 serve as a director unless they satisfy the [khese] requirements 3 prescribed by this section. Each director shall qualify for office 4 as provided in Subchapter D, Chapter 375, Local Government Code. 5 (h [44-}] The board shall be governed by the terms and 6 conditions set forth in Subchapter C, Chapter 63, Water Code, to the 7 extent such provisions do not conflict with the provisions of this 8 Act. 9 (h) [{q.}] Directors shall be compensated in the manner 10 provided by Section 63.098, Water Code. 11 (i) On September 1 2007 the board is expanded from five 12 members to seven members by adding director positions 6 and 7 as 13 provided by Subsections (c) and (e) of this section. Regardless of 14 the length of the term prescribed by subsection (c) the initial 15 term of the director serving in position 6 begins September 1,. 2007,. 16 and expires May 1 2011 and the initial term of the director 17 serving in position 7 begins September 1 2007 and expires May 1, 18 2013. 19 SECTION 4. Section 6, Chapter 589, Acts of the 75th 20 Legislature, Regular Session, 1997, is amended by adding 21 Subsections (a-1) and (e) and amending subsection (d) to read as 22 follows: 23 (a-1) The district may: 24 (1) develop navigation and improve bayous bays, 25 creeks and streams inside or adjacent to the district; 26 (2) construct and maintain harbors, basins, and 27 waterways to permit or aid navigation; BOR10838 SGA-F 4 1 (3) purchase or otherwise acquire, establish, 2 construct own maintain operate develop and regulate wharves, 3 iers ocks land roadwa s and other structures and facilities 4• incident to or accommodating of commerce or navigatio�'�_1') 6 --harboar-� elxat�nel�dPxi the.. 7 (d) The district, in exercising any of the powers conferred 8 by this Act, requires a relocation, adjustment, raising, lowering, 9 rerouting, or changing the gxade of or altering the construction of 10 any street, alley, highway, overpass, underpass, or road, any 11 railroad track, bridge, or other facilities or property, any 12 electric lines, conduits, or other facilities or property, any 13 telephone or telegraph lines, conduits, or other facilities or 14 property, any gas transmission or distribution pipes, pipelines, 15 mains, or other facilities or property, any.cable television lines, 16 cable conduits, or other facilities or property or any other 17 pipelines and any facilities or properties relating -to those 18 pipelines, those xelocations, adjustments, raising, lowering, 19 rerouting, or changing of grade, or altering of construction must 20 be accomplished at the sole cost and expense of the district, and 21 damages that are suffered by the owners of the property or 22 facilities shall be borne by the district. This subsection does not 23 apply to any pipeline conduit or underground facility that passes 24 under or through a channel bayou creek stream or other waterway 25 within or adjacent to the district and that requires an adjustment 26 or relocation as part of any navigation improvement or maintenance 2.7 project involving the waterway. 8OR10838 SGA-F 5 1 (e) The rights, Powers iivile es and authorit conferred 2 on the district .by this Act do not supersede or diminish the rights,. 3 powers, privileges, and authority of the Port of Houston Authority 4 of Harris Count Texas the United States Arm Cox s of Engineers, 5 or any. state a enc or other federal agency. The district may not 6 exercise its powers inside the boundaries of another navi ation 7 district without that district's agreement. 8 SECTION 5. Chapter 589, Acts of the 75th Legislature, 9 Regular Session, 1997, is amended by adding Sections 6A and 8A to 10 read as follows: 11 Sec 6A CONTRACT WITH ANOTHER DISTRICT. The district may 12 make a contract with another navigation district created under 13 Section 52 of Article III or Section 59 of Article XVI Texas 14 Constitution or both fox the Rerformance of any service that is 15 authorized to be provided by the districts. Any payments due under 16 the contract may be made from and secured by ad valorem taxes or . 17 other revenues of the districts or.by a combination of revenues. If 18 the constitution of this state requires an election to permit the 19 Pavmant and security, an election shall be held substantially in 20 accordance with the requirements Of Subchapter F, Chapter 62, Water 21 Code. 22 Sec 8A ANNEXATION MADE_ BY DISTRICTS. 23 Regardless of an other law to the contraz and without an election 24 the district may annex arid include within its boundaries territory 25 located in an adjacent navigation district and the adjacent 26 navi ation district may disannex and exclude from its boundaries 27 the same territox as may be provided in an agreement between the 80R10838 SGA-F 6 i 1 dsat ' 2 SECTION 6. This Act takes effect immediately if it receives 3 a vote of two-thirds of all the members elected to each house, as .4 provided by Section 39, Article III, Texas Constitution. If this 5 Act does not receive the vote necessary for immediate effect, this 6 Act takes effect September 1, 2007. �I I 80R10838 SGA-F 7 I