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A BILL TO BE ENTITLED
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AN ACT
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relating to the nonsubstantive revision of certain local laws |
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concerning water and wastewater special districts, including |
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conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS |
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SECTION 1.01. Subtitle A, Title 6, Special District Local |
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Laws Code, is amended by adding Chapters 6610, 6611, 6612, 6613, and |
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6614 to read as follows: |
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CHAPTER 6610. SAN PATRICIO COUNTY DRAINAGE DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6610.001. DEFINITIONS |
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Sec. 6610.002. NATURE OF DISTRICT |
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Sec. 6610.003. FINDINGS OF BENEFIT AND PURPOSE |
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Sec. 6610.004. DISTRICT TERRITORY |
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Sec. 6610.005. LIBERAL CONSTRUCTION OF CHAPTER |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 6610.051. COMPOSITION OF BOARD; TERMS |
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Sec. 6610.052. QUALIFICATIONS FOR OFFICE |
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Sec. 6610.053. DIRECTOR'S BOND |
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Sec. 6610.054. COMPENSATION OF DIRECTORS |
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Sec. 6610.055. BOARD VACANCY |
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Sec. 6610.056. BOARD MEETINGS |
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Sec. 6610.057. DISTRICT OFFICE |
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Sec. 6610.058. DISTRICT EMPLOYEES |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 6610.101. GENERAL POWERS |
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Sec. 6610.102. GENERAL RECLAMATION AND DRAINAGE POWERS |
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Sec. 6610.103. ACQUISITION OF PROPERTY; EMINENT DOMAIN |
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Sec. 6610.104. CONSTRUCTION ON PUBLIC LAND |
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Sec. 6610.105. COST OF RELOCATING OR ALTERING PROPERTY |
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Sec. 6610.106. DISPOSAL OF DISTRICT PROPERTY |
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Sec. 6610.107. DISPOSAL OF IMPOUNDED WATER |
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Sec. 6610.108. CONTRACTS AND COOPERATION WITH STATE |
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AND POLITICAL SUBDIVISIONS |
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Sec. 6610.109. ARRANGEMENTS WITH UNITED STATES |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 6610.151. DISBURSEMENT OF MONEY |
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Sec. 6610.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
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PUBLIC INSPECTION |
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Sec. 6610.153. FILING OF COPIES OF AUDIT REPORT |
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Sec. 6610.154. DEPOSITORY |
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SUBCHAPTER E. TAXES |
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Sec. 6610.201. AD VALOREM TAX FOR MAINTENANCE AND |
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OPERATION |
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Sec. 6610.202. ELECTION FOR MAINTENANCE AND OPERATION |
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TAX |
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Sec. 6610.203. TAX ASSESSOR-COLLECTOR |
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Sec. 6610.204. CERTIFICATION OF TAX RATE |
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SUBCHAPTER F. BONDS |
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Sec. 6610.251. AUTHORITY TO ISSUE BONDS; TAXES FOR |
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BONDS |
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Sec. 6610.252. FORM OF BONDS |
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Sec. 6610.253. MATURITY |
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Sec. 6610.254. ELECTION REQUIRED |
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Sec. 6610.255. USE OF BOND PROCEEDS |
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CHAPTER 6610. SAN PATRICIO COUNTY DRAINAGE DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6610.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Commissioners court" means the San Patricio |
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County Commissioners Court. |
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(3) "Director" means a member of the board. |
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(4) "District" means the San Patricio County Drainage |
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District. (Acts 61st Leg., R.S., Ch. 187, Sec. 1 (part); New.) |
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Sec. 6610.002. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under Section 59, |
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Article XVI, Texas Constitution, to provide drainage for the |
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district and reclamation and drainage of the district's overflowed |
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lands and other lands needing drainage. (Acts 61st Leg., R.S., Ch. |
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187, Sec. 1 (part).) |
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Sec. 6610.003. FINDINGS OF BENEFIT AND PURPOSE. (a) All |
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property in the district and in this state will benefit from the |
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district, the improvements and facilities acquired or constructed |
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under this chapter, and all the provisions of this chapter. |
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(b) The creation of the district is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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61st Leg., R.S., Ch. 187, Secs. 1 (part), 17.) |
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Sec. 6610.004. DISTRICT TERRITORY. The district's |
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boundaries are coextensive with the boundaries of San Patricio |
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County unless the district's territory has been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) other law. (Acts 61st Leg., R.S., Ch. 187, Sec. 1 |
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(part); New.) |
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Sec. 6610.005. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed to effect its purposes. (Acts |
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61st Leg., R.S., Ch. 187, Sec. 16.) |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 6610.051. COMPOSITION OF BOARD; TERMS. (a) The board |
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consists of five directors appointed by the commissioners court as |
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follows: |
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(1) one director appointed from each county |
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commissioners precinct; and |
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(2) one director appointed from the county at large. |
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(b) Directors serve staggered two-year terms, with the |
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terms of two directors expiring on January 31 of each even-numbered |
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year and the terms of three directors expiring on January 31 of each |
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odd-numbered year. |
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(c) In January of each year, the commissioners court shall |
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appoint directors to succeed directors whose term of office will |
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expire January 31. The appointed directors' terms begin on |
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February 1 of that year. (Acts 61st Leg., R.S., Ch. 187, Sec. 4 |
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(part).) |
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Sec. 6610.052. QUALIFICATIONS FOR OFFICE. (a) A director |
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must: |
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(1) be at least 18 years of age; |
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(2) be a resident of this state; and |
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(3) own land subject to taxation in the district. |
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(b) A director appointed from a county commissioners |
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precinct must be a resident of the precinct for which the director |
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is appointed. |
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(c) A person is not eligible to serve as a director if the |
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person owes delinquent taxes to San Patricio County. (Acts 61st |
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Leg., R.S., Ch. 187, Sec. 4 (part).) |
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Sec. 6610.053. DIRECTOR'S BOND. (a) Each director shall |
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furnish a bond for $5,000 payable to the district and conditioned on |
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faithful performance of the director's duties. |
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(b) The bonds must be submitted to the commissioners court |
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for approval. (Acts 61st Leg., R.S., Ch. 187, Sec. 4 (part).) |
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Sec. 6610.054. COMPENSATION OF DIRECTORS. (a) Each |
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director shall receive compensation as set by the commissioners |
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court in an amount not to exceed the sum of $2,400 in any one |
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calendar year. |
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(b) In all areas of conflict with Subsection (a) of this |
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section, Section 49.060, Water Code, takes precedence. |
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(c) A director's compensation may be increased as |
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authorized by Section 49.060, Water Code, by resolution adopted by |
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the board in accordance with Subsection (e) of that section on or |
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after September 1, 1995. (Acts 61st Leg., R.S., Ch. 187, Sec. 8 |
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(part); New.) |
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Sec. 6610.055. BOARD VACANCY. If a vacancy occurs in the |
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office of director, the commissioners court shall appoint a |
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director for the unexpired term. (Acts 61st Leg., R.S., Ch. 187, |
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Sec. 4 (part).) |
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Sec. 6610.056. BOARD MEETINGS. (a) The board shall hold |
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regular meetings at least once each calendar month at times |
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prescribed by order adopted by the board. |
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(b) The board shall hold special meetings when called by the |
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board president or by any two other directors. The board secretary |
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shall give written notice of a special meeting to each director. A |
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director may waive the notice. (Acts 61st Leg., R.S., Ch. 187, Sec. |
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5 (part).) |
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Sec. 6610.057. DISTRICT OFFICE. The board shall designate |
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the location of the district's principal office at any place within |
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the district. (Acts 61st Leg., R.S., Ch. 187, Sec. 6 (part).) |
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Sec. 6610.058. DISTRICT EMPLOYEES. (a) The board shall set |
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the compensation of the general manager, attorneys, engineers, and |
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all other employees of the district. |
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(b) The board shall set the term and time of employment of |
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all employees of the district and the method by which an employee |
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may be discharged. (Acts 61st Leg., R.S., Ch. 187, Sec. 8 (part).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 6610.101. GENERAL POWERS. (a) The district has the |
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powers of government and may exercise the rights, privileges, and |
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functions provided under this chapter. |
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(b) The district may perform any act necessary or proper to |
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carry out a district purpose. (Acts 61st Leg., R.S., Ch. 187, Secs. |
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1 (part), 10 (part).) |
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Sec. 6610.102. GENERAL RECLAMATION AND DRAINAGE POWERS. |
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The district may: |
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(1) devise plans and construct works to lessen and |
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control floods and excess water; |
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(2) reclaim land in the district; |
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(3) provide drainage facilities and improvements for |
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the reclamation and drainage of the overflowed land and other land |
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in the district that needs drainage; |
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(4) acquire and construct properties, facilities, and |
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improvements inside or outside the district that in the judgment of |
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the board are necessary to lessen and control floods in the district |
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or to facilitate drainage and reclamation of land in the district; |
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(5) remove natural or artificial obstructions from |
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streams and watercourses; and |
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(6) clean, straighten, widen, and maintain streams, |
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watercourses, and drainage ditches. (Acts 61st Leg., R.S., Ch. |
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187, Sec. 10 (part).) |
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Sec. 6610.103. ACQUISITION OF PROPERTY; EMINENT DOMAIN. |
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(a) The district, by gift, devise, purchase, lease, or |
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condemnation, may acquire an easement, right-of-way, or other |
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property needed to carry on the work of the district. |
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(b) The district may exercise the power of eminent domain. |
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Procedures with reference to condemnation, the assessment and |
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estimation of damages, payment, appeal, and entrance on property |
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pending appeal, and all other procedures prescribed by Chapter 21, |
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Property Code, apply to the district. (Acts 61st Leg., R.S., Ch. |
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187, Sec. 10 (part).) |
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Sec. 6610.104. CONSTRUCTION ON PUBLIC LAND. (a) The |
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district may construct, acquire, own, and operate works, ditches, |
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canals, or other improvements over, across, through, under, or |
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along: |
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(1) a public stream, canal, road, or highway; or |
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(2) land belonging to this state. |
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(b) A plan for an improvement under Subsection (a) on a |
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state highway is subject to the approval of the Texas Department of |
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Transportation. |
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(c) A plan for an improvement under Subsection (a) on Texas |
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Department of Criminal Justice land is subject to the approval of |
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the Texas Board of Criminal Justice. |
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(d) A plan for an improvement of a public water supply canal |
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or public stream under Subsection (a) is subject to the approval of |
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the state or federal agency that has jurisdiction over or that owns |
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the public water supply canal or stream. (Acts 61st Leg., R.S., Ch. |
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187, Sec. 10 (part).) |
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Sec. 6610.105. COST OF RELOCATING OR ALTERING PROPERTY. |
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(a) In this section, "sole expense" means the actual cost of |
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relocating, raising, lowering, rerouting, changing the grade of, or |
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altering the construction of a facility described by Subsection (b) |
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in providing comparable replacement without enhancement of the |
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facility, after deducting from that cost the net salvage value of |
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the old facility. |
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(b) If the district's exercise of the power of eminent |
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domain, the power of relocation, or any other power makes necessary |
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the relocating, raising, lowering, rerouting, changing the grade |
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of, or altering the construction of a railroad, the necessary |
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action shall be accomplished at the sole expense of the district. |
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(Acts 61st Leg., R.S., Ch. 187, Sec. 10 (part).) |
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Sec. 6610.106. DISPOSAL OF DISTRICT PROPERTY. (a) The |
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district may sell, trade, or otherwise dispose of property or a |
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property right that is no longer needed for a district purpose. |
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(b) District land that adjoins privately owned land shall |
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revert to the adjoining landowner when no longer needed for a |
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district purpose. (Acts 61st Leg., R.S., Ch. 187, Sec. 10 (part).) |
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Sec. 6610.107. DISPOSAL OF IMPOUNDED WATER. The district |
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may sell or otherwise dispose of any water impounded by a district |
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improvement under conditions, contracts, and terms determined by |
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the board, subject to the approval of any other political |
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subdivision that has been granted rights to the water before May 13, |
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1969. (Acts 61st Leg., R.S., Ch. 187, Sec. 10 (part).) |
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Sec. 6610.108. CONTRACTS AND COOPERATION WITH STATE AND |
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POLITICAL SUBDIVISIONS. The district may cooperate and contract |
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with an agency or political subdivision of this state to carry out a |
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district purpose. (Acts 61st Leg., R.S., Ch. 187, Sec. 10 (part).) |
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Sec. 6610.109. ARRANGEMENTS WITH UNITED STATES. (a) The |
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district may cooperate with, contract with, or receive a grant, |
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loan, or advancement from the United States to carry out a district |
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power or to further a district purpose. |
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(b) The district may contribute to the United States in |
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connection with any project that is undertaken by the United States |
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and affects or relates to a district purpose. (Acts 61st Leg., |
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R.S., Ch. 187, Sec. 10 (part).) |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 6610.151. DISBURSEMENT OF MONEY. The district may |
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disburse its money only by a check, draft, order, or other written |
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instrument signed by a person authorized to sign the instrument by |
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board order or resolution. (Acts 61st Leg., R.S., Ch. 187, Sec. 7 |
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(part).) |
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Sec. 6610.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
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PUBLIC INSPECTION. (a) The board shall keep complete and accurate |
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accounts conforming to approved methods of bookkeeping. |
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(b) The accounts and all contracts, documents, and records |
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of the district shall be maintained at a place or places in the |
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district designated by the board. |
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(c) All contracts, documents, and records of the district |
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shall be open for public inspection at all reasonable times. (Acts |
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61st Leg., R.S., Ch. 187, Sec. 7 (part).) |
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Sec. 6610.153. FILING OF COPIES OF AUDIT REPORT. Copies of |
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the audit report prepared under Subchapter G, Chapter 49, Water |
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Code, shall be certified to by the accountant who performed the |
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audit and filed: |
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(1) as required by Section 49.194, Water Code; and |
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(2) with the state auditor. (Acts 61st Leg., R.S., Ch. |
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187, Sec. 7 (part); New.) |
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Sec. 6610.154. DEPOSITORY. (a) The board shall designate |
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one or more banks in the district to serve as a depository for |
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district money. |
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(b) All district money shall be deposited in a depository |
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bank, except that sufficient money shall be remitted to the |
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appropriate bank of payment to pay the principal of and interest on |
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the district's outstanding bonds on or before the maturity date of |
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the principal and interest. |
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(c) To the extent that money in a depository bank is not |
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insured by the Federal Deposit Insurance Corporation, the money |
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must be secured in the manner provided by law for the security of |
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county funds. |
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(d) If the board designates a depository bank as the |
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treasurer of the district, the bank shall serve as the treasurer. |
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(Acts 61st Leg., R.S., Ch. 187, Sec. 9.) |
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SUBCHAPTER E. TAXES |
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Sec. 6610.201. AD VALOREM TAX FOR MAINTENANCE AND |
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OPERATION. (a) The board may impose an annual ad valorem tax at a |
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rate not to exceed 35 cents on each $100 valuation of taxable |
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property in the district for the maintenance, operation, upkeep, |
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and improvement of the district and the district's facilities, |
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properties, and improvements. |
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(b) The board may hold elections to increase, reduce, or |
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abate a tax imposed under this section, subject to the limitation |
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prescribed by Subsection (a). |
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(c) An election to authorize the imposition of the tax or a |
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subsequent tax election must be held as provided by Section |
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6610.202. (Acts 61st Leg., R.S., Ch. 187, Sec. 14 (part).) |
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Sec. 6610.202. ELECTION FOR MAINTENANCE AND OPERATION TAX. |
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(a) The order calling an election under Section 6610.201 must |
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specify: |
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(1) the date of the election; |
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(2) the location of the voting places; and |
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(3) the presiding judge for each voting place. |
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(b) Notice of the election must be given by publishing a |
|
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substantial copy of the order calling the election in a newspaper of |
|
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general circulation in San Patricio County. The notice must be |
|
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published once each week for two consecutive weeks. The first |
|
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publication must be at least 14 days before the date of the |
|
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election. |
|
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(c) In addition to the requirements of the Election Code, |
|
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the ballots for an election for the imposition of a maintenance and |
|
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operation tax must have printed on them "For Maintenance tax" and |
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the contrary of that proposition. |
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(d) The failure of an election does not prohibit subsequent |
|
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elections for the same purpose. (Acts 61st Leg., R.S., Ch. 187, |
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Secs. 2 (part), 14 (part).) |
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Sec. 6610.203. TAX ASSESSOR-COLLECTOR. The San Patricio |
|
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County tax assessor-collector shall assess and collect taxes |
|
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imposed by the board. (Acts 61st Leg., R.S., Ch. 187, Sec. 15 |
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(part).) |
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Sec. 6610.204. CERTIFICATION OF TAX RATE. Each year, the |
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board shall certify to the San Patricio County tax |
|
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assessor-collector the rate or rates of tax that the board has |
|
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imposed for bond and maintenance purposes. (Acts 61st Leg., R.S., |
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Ch. 187, Sec. 15 (part).) |
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SUBCHAPTER F. BONDS |
|
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Sec. 6610.251. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. |
|
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(a) The board may issue district bonds to acquire money to |
|
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accomplish any district purpose or carry out any power granted |
|
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under this chapter to the district. |
|
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(b) The board may impose continuing direct annual ad valorem |
|
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taxes on all taxable property in the district sufficient to: |
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(1) provide for the payment of the interest on the |
|
|
bonds as the interest accrues; and |
|
|
(2) create and provide for a sinking fund to pay the |
|
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principal of the bonds as the principal matures. (Acts 61st Leg., |
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R.S., Ch. 187, Sec. 11 (part).) |
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|
Sec. 6610.252. FORM OF BONDS. District bonds and any |
|
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interest coupons appurtenant to the bonds must be signed and |
|
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executed as provided by the board in the order authorizing the |
|
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issuance of the bonds. (Acts 61st Leg., R.S., Ch. 187, Sec. 11 |
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(part).) |
|
|
Sec. 6610.253. MATURITY. District bonds must mature not |
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later than 40 years after their date of issuance. (Acts 61st Leg., |
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R.S., Ch. 187, Sec. 11 (part).) |
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Sec. 6610.254. ELECTION REQUIRED. (a) Bonds, other than |
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refunding bonds, may not be issued under Section 6610.251 unless |
|
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first authorized by a majority of the voters voting at an election |
|
|
held to determine whether the bonds should be issued and whether a |
|
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tax should be imposed to pay the principal of and interest on the |
|
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bonds. |
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(b) If a majority of the voters voting at a district bond |
|
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election vote in favor of the issuance of bonds and the imposition |
|
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of taxes, the board may: |
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(1) issue, sell, and deliver the bonds; |
|
|
(2) receive and use the proceeds for district |
|
|
purposes; and |
|
|
(3) impose taxes on all taxable property in the |
|
|
district sufficient to pay the interest on and principal of the |
|
|
bonds. |
|
|
(c) Notice of the election shall be given in the manner |
|
|
provided by Section 6610.202. |
|
|
(d) In addition to the requirements of the Election Code, |
|
|
the ballots must have printed on them "For the bonds and levy of |
|
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taxes in payment thereof" and the contrary of that proposition. |
|
|
(Acts 61st Leg., R.S., Ch. 187, Sec. 11 (part); New.) |
|
|
Sec. 6610.255. USE OF BOND PROCEEDS. (a) The board may |
|
|
appropriate or set aside out of proceeds from the sale of district |
|
|
bonds an amount for: |
|
|
(1) the payment of interest expected to accrue during |
|
|
the period of construction of improvements or facilities; and |
|
|
(2) the payment of all expenses incurred and to be |
|
|
incurred in the issuance, sale, and delivery of the bonds. |
|
|
(b) For purposes of this section, the period of construction |
|
|
may not exceed three years. (Acts 61st Leg., R.S., Ch. 187, Sec. |
|
|
13(a).) |
|
|
CHAPTER 6611. WILLACY COUNTY DRAINAGE DISTRICT NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6611.001. DEFINITIONS |
|
|
Sec. 6611.002. NATURE OF DISTRICT |
|
|
Sec. 6611.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6611.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 6611.051. COMPOSITION OF BOARD |
|
|
Sec. 6611.052. DUTIES OF COUNTY OFFICIALS IN |
|
|
CONNECTION WITH DISTRICT; DISTRICT |
|
|
OFFICERS, EMPLOYEES, AND AGENTS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6611.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 6611.102. DISTRICT POWERS |
|
|
Sec. 6611.103. EMINENT DOMAIN |
|
|
Sec. 6611.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 6611.105. ADDITION OF TERRITORY TO DISTRICT |
|
|
SUBCHAPTER D. TAXES |
|
|
Sec. 6611.151. AD VALOREM TAX FOR MAINTENANCE AND |
|
|
OPERATIONS |
|
|
Sec. 6611.152. TAX ASSESSOR-COLLECTOR |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 6611.201. AUTHORITY TO ISSUE BONDS; TAXES FOR |
|
|
BONDS |
|
|
Sec. 6611.202. LIMITATION ON DEBT |
|
|
Sec. 6611.203. MATURITY |
|
|
Sec. 6611.204. BOND ELECTION |
|
|
CHAPTER 6611. WILLACY COUNTY DRAINAGE DISTRICT NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6611.001. 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 the Willacy County Drainage |
|
|
District No. 2. (Acts 61st Leg., R.S., Ch. 11, Sec. 1 (part); New.) |
|
|
Sec. 6611.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district created under Section 59, |
|
|
Article XVI, Texas Constitution, for the sole purpose of the |
|
|
reclamation and drainage of the district's overflowed lands and |
|
|
other lands needing drainage. (Acts 61st Leg., R.S., Ch. 11, Secs. |
|
|
1 (part), 3 (part).) |
|
|
Sec. 6611.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the creation of the district and the improvements |
|
|
the district will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Secs. 11, 13.) |
|
|
Sec. 6611.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 2, Chapter 11, Acts |
|
|
of the 61st Legislature, Regular Session, 1969, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter G, Chapter 53, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 6611.051. COMPOSITION OF BOARD. The board consists of |
|
|
five elected directors. (Acts 61st Leg., R.S., Ch. 11, Sec. 5 |
|
|
(part).) |
|
|
Sec. 6611.052. DUTIES OF COUNTY OFFICIALS IN CONNECTION |
|
|
WITH DISTRICT; DISTRICT OFFICERS, EMPLOYEES, AND AGENTS. (a) The |
|
|
county tax assessor-collector, county treasurer, and county |
|
|
depository of Willacy County shall perform all duties in connection |
|
|
with the district that they are required to perform by law in |
|
|
connection with official matters for Willacy County. |
|
|
(b) The board may employ a general manager for the district |
|
|
and any other agents, attorneys, engineers, and employees |
|
|
considered necessary in connection with the purposes of this |
|
|
chapter. All compensation for a person employed under this |
|
|
subsection may be payable from funds created under this chapter for |
|
|
the maintenance and operation of the district. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 7.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6611.101. GENERAL POWERS AND DUTIES. To accomplish |
|
|
the purpose of reclaiming and draining the district's overflowed |
|
|
lands and other lands needing drainage, the district has all the |
|
|
rights, powers, privileges, and duties provided by general law |
|
|
applicable to a fresh water supply district created under Section |
|
|
59, Article XVI, Texas Constitution, including the power to |
|
|
conserve, transport, and distribute fresh water. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 3 (part).) |
|
|
Sec. 6611.102. DISTRICT POWERS. (a) The district may |
|
|
construct, acquire, improve, enlarge, extend, repair, maintain, or |
|
|
replace any wall, dam, dike, levee, embankment, canal, drain, tank, |
|
|
lateral, or pump that the board considers necessary to carry out the |
|
|
district's purpose. |
|
|
(b) The district may make, construct, or otherwise acquire |
|
|
an improvement inside or outside the district's boundaries as |
|
|
necessary to carry out the powers granted by this chapter or general |
|
|
law. (Acts 61st Leg., R.S., Ch. 11, Sec. 3 (part).) |
|
|
Sec. 6611.103. EMINENT DOMAIN. The district's power of |
|
|
eminent domain is confined to Willacy County. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 4.) |
|
|
Sec. 6611.104. COST OF RELOCATING OR ALTERING |
|
|
PROPERTY. (a) In this section, "sole expense" means the actual |
|
|
cost of relocating, raising, lowering, rerouting, changing the |
|
|
grade of, or altering the construction of a facility described by |
|
|
Subsection (b) in providing comparable replacement without |
|
|
enhancement of the facility, after deducting from that cost the net |
|
|
salvage value of the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted under |
|
|
this chapter makes necessary relocating, raising, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission line, telephone or telegraph |
|
|
property or facility, or pipeline, the necessary action shall be |
|
|
accomplished at the sole expense of the district. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 3 (part).) |
|
|
Sec. 6611.105. ADDITION OF TERRITORY TO DISTRICT. (a) In |
|
|
addition to adding land as provided by Subchapter J, Chapter 49, |
|
|
Water Code, the district may add land as provided by this section. |
|
|
Land added to the district need not be contiguous to the district. |
|
|
(b) The owner or owners of land may request by petition that |
|
|
the board include the land in the district. |
|
|
(c) A petition under Subsection (b) must be filed with the |
|
|
board and describe the land to be added to the district. The |
|
|
description may be by metes and bounds or by lot and block number. |
|
|
The petition must be signed and executed in the manner provided by |
|
|
law for the conveyance of real estate. |
|
|
(d) The board shall hear and consider a petition filed under |
|
|
this section. The board may grant the petition and add the land to |
|
|
the district if the board considers the addition to be to the |
|
|
advantage of the district. |
|
|
(e) A petition granted under this section shall be filed and |
|
|
recorded in the deed records of Willacy County. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 12.) |
|
|
SUBCHAPTER D. TAXES |
|
|
Sec. 6611.151. AD VALOREM TAX FOR MAINTENANCE AND |
|
|
OPERATIONS. (a) The board may impose a tax at a rate not to exceed |
|
|
25 cents on each $100 valuation of taxable property in the district |
|
|
to pay the cost of maintaining district property and operating the |
|
|
district. |
|
|
(b) An election to authorize the imposition of the tax must |
|
|
be called by the board in the manner provided by Section 6611.204. |
|
|
(Acts 61st Leg., R.S., Ch. 11, Sec. 10 (part).) |
|
|
Sec. 6611.152. TAX ASSESSOR-COLLECTOR. The Willacy County |
|
|
tax assessor-collector is the tax assessor-collector for the |
|
|
district. (Acts 61st Leg., R.S., Ch. 11, Sec. 10 (part); New.) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 6611.201. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. |
|
|
(a) The board may issue district bonds to acquire money to |
|
|
accomplish any district purpose or carry out any power granted |
|
|
under this chapter to the district. |
|
|
(b) The board may impose a tax on all taxable property in the |
|
|
district, as shown by the most recent certified appraisal roll of |
|
|
the district, sufficient to: |
|
|
(1) provide for the payment of the interest on the |
|
|
bonds as the interest accrues; and |
|
|
(2) create a sinking fund for the redemption of the |
|
|
bonds as the bonds mature. (Acts 61st Leg., R.S., Ch. 11, Sec. 8(a) |
|
|
(part).) |
|
|
Sec. 6611.202. LIMITATION ON DEBT. The total principal |
|
|
amount of bonds issued under Section 6611.201 that the district may |
|
|
have outstanding at any time may not exceed 15 percent of the |
|
|
assessed value of all taxable property in the district as shown by |
|
|
the most recent appraisal roll of the district. (Acts 61st Leg., |
|
|
R.S., Ch. 11, Sec. 8(a) (part).) |
|
|
Sec. 6611.203. MATURITY. District bonds issued under |
|
|
Section 6611.201 must mature not later than 30 years after their |
|
|
date of issuance. (Acts 61st Leg., R.S., Ch. 11, Sec. 8(e) (part).) |
|
|
Sec. 6611.204. BOND ELECTION. (a) The board may submit a |
|
|
proposition for the issuance of district bonds under Section |
|
|
6611.201 at an election called for that purpose at any time the |
|
|
board considers proper. |
|
|
(b) Chapter 1251, Government Code, applies to a district |
|
|
bond election except to the extent of any conflict with this |
|
|
chapter. |
|
|
(c) If a majority of the voters voting at a district bond |
|
|
election vote in favor of the issuance of bonds and the imposition |
|
|
of taxes, the board may: |
|
|
(1) issue, sell, and deliver the bonds; |
|
|
(2) receive, use, and apply the proceeds for district |
|
|
purposes; and |
|
|
(3) impose taxes on all property subject to taxation |
|
|
in the district. (Acts 61st Leg., R.S., Ch. 11, Secs. 8(b) (part), |
|
|
(c) (part).) |
|
|
CHAPTER 6612. CAMERON COUNTY DRAINAGE DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6612.001. DEFINITIONS |
|
|
Sec. 6612.002. NATURE OF DISTRICT |
|
|
Sec. 6612.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6612.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 6612.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6612.101. GENERAL POWERS AND DUTIES |
|
|
CHAPTER 6612. CAMERON COUNTY DRAINAGE DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6612.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Commissioners court" means the Cameron County |
|
|
Commissioners Court. |
|
|
(3) "Director" means a member of the board. |
|
|
(4) "District" means the Cameron County Drainage |
|
|
District No. 1. (Acts 41st Leg., R.S., Ch. 145, Sec. 5 (part); |
|
|
New.) |
|
|
Sec. 6612.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Cameron County created |
|
|
under Section 59, Article XVI, Texas Constitution, for all purposes |
|
|
of that section, including the reclamation and drainage of its |
|
|
seeped, salty, waterlogged, and overflowed land and other land |
|
|
needing drainage. (Acts 41st Leg., R.S., Ch. 145, Secs. 1 (part), 2 |
|
|
(part), 5 (part).) |
|
|
Sec. 6612.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The conversion of the district into a conservation and reclamation |
|
|
district under Section 59, Article XVI, Texas Constitution, and the |
|
|
provision to the district of the powers conferred by that section: |
|
|
(1) will benefit the residents and property in the |
|
|
district; and |
|
|
(2) benefit all property included in the district. |
|
|
(b) No property which is benefited is not included in the |
|
|
district. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 41st Leg., |
|
|
R.S., Ch. 145, Secs. 2 (part), 11 (part).) |
|
|
Sec. 6612.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 145, Acts |
|
|
of the 41st Legislature, Regular Session, 1929, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter I, Chapter 56, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 56, Water Code; |
|
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
|
(4) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 6612.051. COMPOSITION OF BOARD. The board consists of |
|
|
three directors appointed by the commissioners court. (Acts 41st |
|
|
Leg., R.S., Ch. 145, Sec. 4 (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6612.101. GENERAL POWERS AND DUTIES. (a) The district |
|
|
has the: |
|
|
(1) rights, powers, functions, and privileges |
|
|
provided to a conservation and reclamation district by the Texas |
|
|
Constitution and general law; |
|
|
(2) rights, powers, privileges, and duties provided to |
|
|
a drainage district created under Section 59, Article XVI, Texas |
|
|
Constitution, and organized under general law, including Chapters |
|
|
49 and 56, Water Code; and |
|
|
(3) powers of government and the authority to exercise |
|
|
the rights, privileges, and functions conferred by this chapter. |
|
|
(b) The district has the right and power of a drainage |
|
|
district organized under Chapter 56, Water Code, to impose taxes |
|
|
and issue bonds. (Acts 41st Leg., R.S., Ch. 145, Secs. 1 (part), 5 |
|
|
(part), 7 (part), 11 (part); New.) |
|
|
CHAPTER 6613. CAMERON COUNTY DRAINAGE DISTRICT NO. 3 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6613.001. DEFINITIONS |
|
|
Sec. 6613.002. NATURE OF DISTRICT |
|
|
Sec. 6613.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6613.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 6613.051. COMPOSITION OF BOARD |
|
|
Sec. 6613.052. COMPENSATION OF DIRECTORS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6613.101. GENERAL POWERS |
|
|
Sec. 6613.102. CONTROL, CONSTRUCTION, AND REPAIR OF |
|
|
DISTRICT IMPROVEMENTS; CONTRACTS FOR |
|
|
NEW CONSTRUCTION |
|
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
|
Sec. 6613.151. TAXES |
|
|
Sec. 6613.152. DISTRICT FUNDS |
|
|
CHAPTER 6613. CAMERON COUNTY DRAINAGE DISTRICT NO. 3 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6613.001. 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 the Cameron County Drainage |
|
|
District No. 3. (Acts 41st Leg., R.S., Ch. 45, Secs. 3 (part), 10 |
|
|
(part); New.) |
|
|
Sec. 6613.002. NATURE OF DISTRICT. The district is a |
|
|
drainage district created as a conservation and reclamation |
|
|
district under Section 59, Article XVI, Texas Constitution. (Acts |
|
|
41st Leg., R.S., Ch. 45, Secs. 3 (part), 10 (part).) |
|
|
Sec. 6613.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The conversion of the district into a conservation and reclamation |
|
|
district under Section 59, Article XVI, Texas Constitution: |
|
|
(1) is feasible, practicable, and needed; |
|
|
(2) will be a public benefit and a public utility; and |
|
|
(3) will benefit all land and property included in the |
|
|
district. |
|
|
(b) All property in the district is benefited, and no |
|
|
property benefited is not included in the district. |
|
|
(c) No land is included in the district except land that |
|
|
will be benefited. (Acts 41st Leg., R.S., Ch. 45, Secs. 2 (part), 3 |
|
|
(part).) |
|
|
Sec. 6613.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 2, Chapter 45, Acts |
|
|
of the 41st Legislature, Regular Session, 1929, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
|
(2) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 6613.051. COMPOSITION OF BOARD. The board consists of |
|
|
three directors. (Acts 41st Leg., R.S., Ch. 45, Sec. 6 (part); |
|
|
New.) |
|
|
Sec. 6613.052. COMPENSATION OF DIRECTORS. (a) A director |
|
|
shall receive for the director's services not more than $5 per day |
|
|
for the time the director is actually engaged in the work of the |
|
|
district, which shall be set by order of the commissioners court. |
|
|
(b) In all areas of conflict with Subsection (a) of this |
|
|
section, Section 49.060, Water Code, takes precedence. |
|
|
(c) A director's compensation may be increased as |
|
|
authorized by Section 49.060, Water Code, by resolution adopted by |
|
|
the board in accordance with Subsection (e) of that section on or |
|
|
after September 1, 1995. (Acts 41st Leg., R.S., Ch. 45, Sec. 6 |
|
|
(part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6613.101. GENERAL POWERS. The district has the |
|
|
powers, functions, and privileges provided under Section 59, |
|
|
Article XVI, Texas Constitution, and the general laws governing |
|
|
drainage districts. (Acts 41st Leg., R.S., Ch. 45, Secs. 9 (part), |
|
|
10 (part).) |
|
|
Sec. 6613.102. CONTROL, CONSTRUCTION, AND REPAIR OF |
|
|
DISTRICT IMPROVEMENTS; CONTRACTS FOR NEW CONSTRUCTION. (a) The |
|
|
board may control and supervise the construction and maintenance of |
|
|
canals, drains, ditches, levees, and other improvements of the |
|
|
district and shall keep them in repair. |
|
|
(b) The board may construct new improvements necessary for |
|
|
the drainage of land in the district. |
|
|
(c) A contract for new construction may or may not be let on |
|
|
bids and contracts as provided by law, within the discretion of the |
|
|
board as may seem for the best interest of the district. (Acts 41st |
|
|
Leg., R.S., Ch. 45, Sec. 4.) |
|
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
|
Sec. 6613.151. TAXES. The board shall annually impose |
|
|
taxes on all taxable property in the district: |
|
|
(1) in an amount sufficient to pay the interest as it |
|
|
becomes due on district bonds and to create a sinking fund for the |
|
|
payment of the bonds at maturity; and |
|
|
(2) to pay for the maintenance and operation of the |
|
|
district and necessary improvements to be made for the district. |
|
|
(Acts 41st Leg., R.S., Ch. 45, Sec. 5.) |
|
|
Sec. 6613.152. DISTRICT FUNDS. (a) The interest and |
|
|
sinking fund consists of taxes collected for the fund. Money in the |
|
|
interest and sinking fund may be paid out only to: |
|
|
(1) pay district bonds and satisfy and discharge |
|
|
interest on the bonds; and |
|
|
(2) defray the expense of imposing a tax for the fund. |
|
|
(b) The maintenance and improvement fund consists of money |
|
|
collected by assessment or other sources for: |
|
|
(1) the maintenance of property owned or acquired by |
|
|
the district; |
|
|
(2) necessary improvements to be made by the district; |
|
|
and |
|
|
(3) the general purposes of the district. (Acts 41st |
|
|
Leg., R.S., Ch. 45, Secs. 7, 8.) |
|
|
CHAPTER 6614. OLD RIVER DRAINAGE DISTRICT OF LIBERTY COUNTY, |
|
|
TEXAS, NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6614.001. DEFINITION |
|
|
Sec. 6614.002. NATURE OF DISTRICT |
|
|
Sec. 6614.003. FINDINGS OF BENEFIT |
|
|
Sec. 6614.004. GOVERNING LAW |
|
|
SUBCHAPTER B. POWERS |
|
|
Sec. 6614.051. GENERAL POWERS |
|
|
CHAPTER 6614. OLD RIVER DRAINAGE DISTRICT OF LIBERTY COUNTY, |
|
|
TEXAS, NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6614.001. DEFINITION. In this chapter, "district" |
|
|
means the Old River Drainage District of Liberty County, Texas, No. |
|
|
1. (New.) |
|
|
Sec. 6614.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district under Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 41st Leg., 4th C.S., Ch. 4, S.L., |
|
|
Sec. 2 (part).) |
|
|
Sec. 6614.003. FINDINGS OF BENEFIT. The conversion of the |
|
|
district into a conservation and reclamation district under Section |
|
|
59, Article XVI, Texas Constitution, and the provision to the |
|
|
district of the powers conferred by that section will benefit the |
|
|
residents of and property in the district. (Acts 41st Leg., 4th |
|
|
C.S., Ch. 4, S.L., Sec. 2 (part).) |
|
|
Sec. 6614.004. GOVERNING LAW. The general laws applicable |
|
|
to conservation and reclamation districts govern the district. |
|
|
(Acts 41st Leg., 4th C.S., Ch. 4, S.L., Sec. 4.) |
|
|
SUBCHAPTER B. POWERS |
|
|
Sec. 6614.051. GENERAL POWERS. The district has the powers |
|
|
conferred by Section 59, Article XVI, Texas Constitution, to a |
|
|
conservation and reclamation district. (Acts 41st Leg., 4th C.S., |
|
|
Ch. 4, S.L., Sec. 2 (part).) |
|
|
SECTION 1.02. Subtitle B, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapters 6910, 6912, 6914, and 6915 |
|
|
to read as follows: |
|
|
CHAPTER 6910. HULL FRESH WATER SUPPLY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6910.001. DEFINITIONS |
|
|
Sec. 6910.002. NATURE OF DISTRICT |
|
|
Sec. 6910.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6910.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6910.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6910.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 6910.102. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 6910.103. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 6910.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6910.151. DISTRICT TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 6910. HULL FRESH WATER SUPPLY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6910.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of supervisors of the |
|
|
district. |
|
|
(2) "District" means the Hull Fresh Water Supply |
|
|
District. |
|
|
(3) "Supervisor" means a member of the board. (Acts |
|
|
57th Leg., R.S., Ch. 533, Sec. 1 (part); New.) |
|
|
Sec. 6910.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in Liberty |
|
|
County under Section 59, Article XVI, Texas Constitution; |
|
|
(2) a fresh water supply district; and |
|
|
(3) a municipal corporation. (Acts 57th Leg., R.S., |
|
|
Ch. 533, Secs. 1 (part), 5 (part), 6 (part).) |
|
|
Sec. 6910.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the creation of the district and the improvements |
|
|
that the district will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 57th Leg., |
|
|
R.S., Ch. 533, Secs. 5 (part), 6 (part).) |
|
|
Sec. 6910.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 533, Acts |
|
|
of the 57th Legislature, Regular Session, 1961, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter G, Chapter 53, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6910.051. COMPOSITION OF BOARD. The board consists of |
|
|
five elected supervisors. (Acts 57th Leg., R.S., Ch. 533, Sec. 3 |
|
|
(part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6910.101. GENERAL POWERS AND DUTIES. The district has |
|
|
all the rights, powers, privileges, and duties provided by general |
|
|
law applicable to a fresh water supply district created under |
|
|
Section 59, Article XVI, Texas Constitution, including Chapters 49 |
|
|
and 53, Water Code. (Acts 57th Leg., R.S., Ch. 533, Sec. 2 (part).) |
|
|
Sec. 6910.102. ACQUISITION OF IMPROVEMENTS. The district |
|
|
may make, construct, or otherwise acquire improvements inside or |
|
|
outside the district that are necessary to carry out a power granted |
|
|
to the district under this chapter or a general law described by |
|
|
Section 6910.101. (Acts 57th Leg., R.S., Ch. 533, Sec. 2 (part).) |
|
|
Sec. 6910.103. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may not exercise the power of eminent domain outside the district. |
|
|
(Acts 57th Leg., R.S., Ch. 533, Sec. 2 (part).) |
|
|
Sec. 6910.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value of |
|
|
the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted under |
|
|
this chapter makes necessary relocating, raising, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission line, telephone or telegraph |
|
|
property or facility, or pipeline, the necessary action shall be |
|
|
accomplished at the sole expense of the district. (Acts 57th Leg., |
|
|
R.S., Ch. 533, Sec. 2 (part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6910.151. DISTRICT TAX ASSESSOR-COLLECTOR. (a) The |
|
|
board shall appoint a tax assessor-collector for the district for a |
|
|
term not to exceed the term of office of the supervisors making the |
|
|
appointment. |
|
|
(b) The district's tax assessor-collector is not required |
|
|
to be a resident or voter of the district. (Acts 57th Leg., R.S., |
|
|
Ch. 533, Sec. 4 (part).) |
|
|
CHAPTER 6912. MEMORIAL VILLAGES WATER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6912.001. DEFINITIONS |
|
|
Sec. 6912.002. NATURE OF AUTHORITY |
|
|
Sec. 6912.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6912.004. AUTHORITY TERRITORY |
|
|
Sec. 6912.005. CORRECTION OF INVALID PROCEDURES |
|
|
Sec. 6912.006. LIBERAL CONSTRUCTION OF CHAPTER |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6912.051. COMPOSITION OF BOARD |
|
|
Sec. 6912.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 6912.053. ELIGIBILITY FOR CANDIDACY FOR BOARD |
|
|
POSITIONS |
|
|
Sec. 6912.054. SUPERVISORS' ELECTION |
|
|
Sec. 6912.055. BALLOT PROCEDURE FOR CANDIDATES |
|
|
Sec. 6912.056. SUPERVISOR'S BOND |
|
|
Sec. 6912.057. VACANCIES |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6912.101. GENERAL POWERS |
|
|
Sec. 6912.102. CONTRACTS TO SUPPLY WATER OR SEWAGE |
|
|
SERVICES |
|
|
Sec. 6912.103. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6912.151. TAX METHOD |
|
|
Sec. 6912.152. IMPOSITION OF TAXES; TAX |
|
|
ASSESSOR-COLLECTOR |
|
|
Sec. 6912.153. DEPOSITORY |
|
|
Sec. 6912.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 6912.201. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 6912. MEMORIAL VILLAGES WATER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6912.001. DEFINITIONS. In this chapter: |
|
|
(1) "Authority" means the Memorial Villages Water |
|
|
Authority. |
|
|
(2) "Board" means the board of supervisors of the |
|
|
authority. |
|
|
(3) "Supervisor" means a member of the board. (Acts |
|
|
57th Leg., 3rd C.S., Ch. 20, Sec. 1 (part); New.) |
|
|
Sec. 6912.002. NATURE OF AUTHORITY. The authority is a |
|
|
conservation and reclamation district created under Section 59, |
|
|
Article XVI, Texas Constitution, and a political subdivision of |
|
|
this state. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 1 (part).) |
|
|
Sec. 6912.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The authority is created to serve a public use and benefit. |
|
|
(b) All land included in the boundaries of the authority |
|
|
will benefit from the authority. |
|
|
(c) The authority is essential to the accomplishment of the |
|
|
preservation and conservation of the natural resources of this |
|
|
state. |
|
|
(d) This chapter addresses a subject in which the state and |
|
|
general public are interested. |
|
|
(e) Because the accomplishment of the purposes stated in |
|
|
this chapter is for the benefit of the people of this state and for |
|
|
the improvement of their property and industries, the authority in |
|
|
carrying out the purposes of this chapter will be performing an |
|
|
essential public function under the Texas Constitution. (Acts 57th |
|
|
Leg., 3rd C.S., Ch. 20, Secs. 2 (part), 9 (part), 11 (part).) |
|
|
Sec. 6912.004. AUTHORITY TERRITORY. The authority is |
|
|
composed of the territory described by Section 1, Chapter 20, Acts |
|
|
of the 57th Legislature, 3rd Called Session, 1962, as that |
|
|
territory may have been modified under: |
|
|
(1) Subchapter G, Chapter 53, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
Sec. 6912.005. CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the authority by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 12 |
|
|
(part).) |
|
|
Sec. 6912.006. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
|
chapter shall be liberally construed to effect its purposes. (Acts |
|
|
57th Leg., 3rd C.S., Ch. 20, Sec. 11 (part).) |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6912.051. COMPOSITION OF BOARD. The board consists of |
|
|
seven elected supervisors. (Acts 57th Leg., 3rd C.S., Ch. 20, Secs. |
|
|
3(a) (part), (b) (part).) |
|
|
Sec. 6912.052. QUALIFICATIONS FOR OFFICE. A supervisor |
|
|
must: |
|
|
(1) be at least 18 years of age; and |
|
|
(2) reside in and own land in the authority. (Acts |
|
|
57th Leg., 3rd C.S., Ch. 20, Sec. 3(a) (part).) |
|
|
Sec. 6912.053. ELIGIBILITY FOR CANDIDACY FOR BOARD |
|
|
POSITIONS. (a) To be eligible as a candidate for Position 1 or |
|
|
Position 2, a person must at the time be a resident of the City of |
|
|
Hedwig Village, Texas. |
|
|
(b) To be eligible as a candidate for Position 3 or Position |
|
|
4, a person must at the time be a resident of the City of Hunters |
|
|
Creek Village, Texas. |
|
|
(c) To be eligible as a candidate for Position 5 or Position |
|
|
6, a person must at the time be a resident of the City of Piney Point |
|
|
Village, Texas. |
|
|
(d) Position 7 is an at-large position. (Acts 57th Leg., |
|
|
3rd C.S., Ch. 20, Sec. 3(c) (part).) |
|
|
Sec. 6912.054. SUPERVISORS' ELECTION. (a) Notice of a |
|
|
supervisors' election must be published once in a newspaper of |
|
|
general circulation in Harris County at least 30 days before the |
|
|
date of the election. |
|
|
(b) The election order must state the time, place, and |
|
|
purpose of the election. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. |
|
|
3(e) (part).) |
|
|
Sec. 6912.055. BALLOT PROCEDURE FOR CANDIDATES. (a) A |
|
|
person who wants the person's name printed on the ballot as a |
|
|
candidate for supervisor must submit a petition to the board's |
|
|
secretary requesting that action. |
|
|
(b) The petition must be signed by at least 10 residents of |
|
|
the authority who are qualified to vote at the election. (Acts 57th |
|
|
Leg., 3rd C.S., Ch. 20, Sec. 3(f) (part).) |
|
|
Sec. 6912.056. SUPERVISOR'S BOND. Each supervisor shall |
|
|
give a bond in the amount of $5,000 for the faithful performance of |
|
|
the supervisor's duties. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. |
|
|
3(a) (part).) |
|
|
Sec. 6912.057. VACANCIES. A vacancy on the board shall be |
|
|
filled by appointment by the remaining supervisors until the next |
|
|
election of supervisors for the authority. If the position is not |
|
|
scheduled to be filled at the election, the person elected to fill |
|
|
the position shall serve only for the remainder of the unexpired |
|
|
term. (Acts 57th Leg., 3rd C.S., Ch. 20, Secs. 3(b) (part), (d) |
|
|
(part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6912.101. GENERAL POWERS. The authority has all the |
|
|
rights, powers, and privileges provided by general law applicable |
|
|
to a fresh water supply district created under Section 59, Article |
|
|
XVI, Texas Constitution, including Chapters 49 and 53, Water Code, |
|
|
and by all other laws that are helpful in carrying out the purposes |
|
|
for which the authority is created. (Acts 57th Leg., 3rd C.S., Ch. |
|
|
20, Sec. 4 (part).) |
|
|
Sec. 6912.102. CONTRACTS TO SUPPLY WATER OR SEWAGE |
|
|
SERVICES. (a) The authority may contract with a municipality or |
|
|
other entity to supply to the entity water or sewage services. A |
|
|
municipality or other entity may contract with the authority to |
|
|
supply to the authority water or sewage services. |
|
|
(b) The authority may contract with a municipality for the |
|
|
rental or leasing of or for the operation of the municipality's |
|
|
water production, water supply, water filtration, or purification |
|
|
and water supply facilities or sewerage system or facilities. A |
|
|
municipality may contract with the authority for the rental or |
|
|
leasing of or for the operation of the authority's water |
|
|
production, water supply, water filtration, or purification and |
|
|
water supply facilities or sewerage system or facilities. |
|
|
(c) A contract may be: |
|
|
(1) on the terms and for the consideration agreed to by |
|
|
the parties; and |
|
|
(2) for any period not to exceed 50 years. |
|
|
(d) An election is not required by a municipality for |
|
|
approval of a water, sewer, or water and sewer contract. A contract |
|
|
may be entered into without the necessity of an election. (Acts |
|
|
57th Leg., 3rd C.S., Ch. 20, Sec. 10.) |
|
|
Sec. 6912.103. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value of |
|
|
the old facility. |
|
|
(b) If the authority's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power makes necessary |
|
|
relocating, raising, rerouting, changing the grade of, or altering |
|
|
the construction of a highway, railroad, electric transmission |
|
|
line, telephone or telegraph property or facility, or pipeline, the |
|
|
necessary action shall be accomplished at the sole expense of the |
|
|
authority. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 5.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6912.151. TAX METHOD. (a) The authority shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to hold a hearing on the |
|
|
adoption of a plan of taxation. (Acts 57th Leg., 3rd C.S., Ch. 20, |
|
|
Sec. 2 (part).) |
|
|
Sec. 6912.152. IMPOSITION OF TAXES; TAX |
|
|
ASSESSOR-COLLECTOR. (a) Except as provided by this section, all |
|
|
provisions of the general laws governing fresh water supply |
|
|
districts that relate to the imposition of ad valorem taxes apply to |
|
|
the authority. |
|
|
(b) The board shall appoint a tax assessor-collector for the |
|
|
authority. |
|
|
(c) The tax assessor-collector: |
|
|
(1) shall serve at the pleasure of the board; and |
|
|
(2) is not required to be a resident or voter of the |
|
|
authority. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 6 (part).) |
|
|
Sec. 6912.153. DEPOSITORY. (a) The board shall designate |
|
|
one or more banks inside or outside the authority to serve as a |
|
|
depository for authority money. |
|
|
(b) All authority money shall be deposited in a depository |
|
|
bank, except that sufficient money shall be remitted to the |
|
|
appropriate bank of payment to pay the principal of and interest on |
|
|
the authority's outstanding bonds on or before the maturity date of |
|
|
the principal and interest. |
|
|
(c) To the extent that money in a depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(d) Membership on the board of an officer or director of a |
|
|
bank does not disqualify the bank from being designated as a |
|
|
depository. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 8.) |
|
|
Sec. 6912.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The authority is not required to pay a tax or assessment on an |
|
|
authority project or any part of the project. (Acts 57th Leg., 3rd |
|
|
C.S., Ch. 20, Sec. 9 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 6912.201. BONDS EXEMPT FROM TAXATION. An authority |
|
|
bond, the transfer of the bond, and income from the bond, including |
|
|
profits made on the sale of the bond, are exempt from taxation in |
|
|
this state. (Acts 57th Leg., 3rd C.S., Ch. 20, Sec. 9 (part).) |
|
|
CHAPTER 6914. PETTUS MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6914.001. DEFINITIONS |
|
|
Sec. 6914.002. NATURE OF DISTRICT |
|
|
Sec. 6914.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6914.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6914.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6914.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 6914.102. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 6914.103. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 6914.104. ADDITION OF TERRITORY TO DISTRICT |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6914.151. DISTRICT TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 6914. PETTUS MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6914.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of supervisors of the |
|
|
district. |
|
|
(2) "District" means the Pettus Municipal Utility |
|
|
District. |
|
|
(3) "Supervisor" means a member of the board. (Acts |
|
|
57th Leg., 3rd C.S., Ch. 38, Sec. 1 (part); New.) |
|
|
Sec. 6914.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in Bee |
|
|
County under Section 59, Article XVI, Texas Constitution; |
|
|
(2) a fresh water supply district; and |
|
|
(3) a municipal corporation. (Acts 57th Leg., 3rd |
|
|
C.S., Ch. 38, Secs. 1 (part), 5 (part), 7 (part).) |
|
|
Sec. 6914.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the creation of the district and the improvements |
|
|
that the district will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 57th Leg., 3rd |
|
|
C.S., Ch. 38, Secs. 5 (part), 7 (part).) |
|
|
Sec. 6914.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 38, Acts |
|
|
of the 57th Legislature, 3rd Called Session, 1962, as that |
|
|
territory may have been modified under: |
|
|
(1) Subchapter G, Chapter 53, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF SUPERVISORS |
|
|
Sec. 6914.051. COMPOSITION OF BOARD. The board consists of |
|
|
five elected supervisors. (Acts 57th Leg., 3rd C.S., Ch. 38, Sec. 3 |
|
|
(part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6914.101. GENERAL POWERS AND DUTIES. The district has |
|
|
all the rights, powers, privileges, and duties provided by general |
|
|
law applicable to a fresh water supply district created under |
|
|
Section 59, Article XVI, Texas Constitution, including Chapters 49 |
|
|
and 53, Water Code. (Acts 57th Leg., 3rd C.S., Ch. 38, Sec. 2 |
|
|
(part).) |
|
|
Sec. 6914.102. ACQUISITION OF IMPROVEMENTS. (a) The |
|
|
district may make, construct, or otherwise acquire improvements |
|
|
inside or outside the district but wholly in Bee County, that are |
|
|
necessary to carry out a power granted to the district under this |
|
|
chapter or a general law described by Section 6914.101. |
|
|
(b) Before awarding a contract for the construction of an |
|
|
improvement, the district must submit a plan and specifications for |
|
|
the improvement to the Texas Commission on Environmental Quality |
|
|
for approval. Any substantial change made to the plan after |
|
|
submission must also be submitted to the commission for approval. |
|
|
(Acts 57th Leg., 3rd C.S., Ch. 38, Sec. 2 (part).) |
|
|
Sec. 6914.103. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value of |
|
|
the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted under |
|
|
this chapter makes necessary relocating, raising, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission line, telephone or telegraph |
|
|
property or facility, or pipeline, the necessary action shall be |
|
|
accomplished at the sole expense of the district. (Acts 57th Leg., |
|
|
3rd C.S., Ch. 38, Sec. 2 (part).) |
|
|
Sec. 6914.104. ADDITION OF TERRITORY TO DISTRICT. (a) The |
|
|
district may be composed of noncontiguous territory. |
|
|
(b) In addition to adding land as provided by Subchapter J, |
|
|
Chapter 49, Water Code, the district may add land as provided by |
|
|
this section. Land added to the district need not be contiguous to |
|
|
the district. |
|
|
(c) The owner of land may request by petition that the board |
|
|
include the land in the district. |
|
|
(d) A petition under Subsection (c) must be filed with the |
|
|
board and describe the land to be added to the district. The |
|
|
description may be by metes and bounds or by lot and block number. |
|
|
The petition must be signed and executed in the manner provided by |
|
|
law for the conveyance of real estate. |
|
|
(e) The board shall hear and consider a petition filed under |
|
|
this section. The board may grant the petition and add the land to |
|
|
the district if the board considers the addition to be to the |
|
|
advantage of the district. |
|
|
(f) A petition granted under this section shall be filed and |
|
|
recorded in the office of the Bee County Clerk. (Acts 57th Leg., |
|
|
3rd C.S., Ch. 38, Sec. 6.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6914.151. DISTRICT TAX ASSESSOR-COLLECTOR. (a) The |
|
|
board shall appoint a tax assessor-collector for the district for a |
|
|
term not to exceed the term of office of the supervisors making the |
|
|
appointment. |
|
|
(b) The district's tax assessor-collector is not required |
|
|
to be a resident or voter of the district. (Acts 57th Leg., 3rd |
|
|
C.S., Ch. 38, Sec. 4 (part).) |
|
|
CHAPTER 6915. PORT MANSFIELD PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6915.001. DEFINITIONS |
|
|
Sec. 6915.002. NATURE OF DISTRICT |
|
|
Sec. 6915.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 6915.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 6915.051. COMPOSITION OF BOARD |
|
|
Sec. 6915.052. TERMS |
|
|
Sec. 6915.053. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 6915.054. EMPLOYEES |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6915.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 6915.102. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 6915.103. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 6915.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 6915.105. DURATION OF CONTRACT FOR WATER PURCHASE |
|
|
OR SALE |
|
|
Sec. 6915.106. ADDITION OF TERRITORY TO DISTRICT |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6915.151. AUTHORIZATION OF CERTAIN DISTRICT |
|
|
OBLIGATIONS |
|
|
Sec. 6915.152. DISTRICT TAX ASSESSOR-COLLECTOR |
|
|
CHAPTER 6915. PORT MANSFIELD PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 6915.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of supervisors of the |
|
|
district. |
|
|
(2) "District" means the Port Mansfield Public Utility |
|
|
District. |
|
|
(3) "Supervisor" means a member of the board. (Acts |
|
|
58th Leg., R.S., Ch. 4, Sec. 1 (part); New.) |
|
|
Sec. 6915.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in Willacy |
|
|
County under Section 59, Article XVI, Texas Constitution; |
|
|
(2) a fresh water supply district; and |
|
|
(3) a municipal corporation. (Acts 58th Leg., R.S., |
|
|
Ch. 4, Secs. 1 (part), 7 (part), 8 (part).) |
|
|
Sec. 6915.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the creation of the district and the improvements |
|
|
that the district will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 58th Leg., |
|
|
R.S., Ch. 4, Secs. 7 (part), 8 (part).) |
|
|
Sec. 6915.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 4, Acts of |
|
|
the 58th Legislature, Regular Session, 1963, as that territory may |
|
|
have been modified under: |
|
|
(1) Subchapter G, Chapter 53, Water Code, before |
|
|
September 1, 1995; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 6915.051. COMPOSITION OF BOARD. (a) The board |
|
|
consists of five supervisors, appointed by the board of navigation |
|
|
and canal commissioners of the Willacy County Navigation District, |
|
|
and the port director of the Willacy County Navigation District. |
|
|
(b) The port director of the Willacy County Navigation |
|
|
District: |
|
|
(1) serves as an ex officio member of the board; |
|
|
(2) does not have voting rights at board meetings; and |
|
|
(3) is not counted for purposes of establishing a |
|
|
quorum. (Acts 58th Leg., R.S., Ch. 4, Sec. 3 (part).) |
|
|
Sec. 6915.052. TERMS. Supervisors serve staggered two-year |
|
|
terms, with the terms of three supervisors expiring on January 15 of |
|
|
each odd-numbered year and the terms of two supervisors expiring on |
|
|
January 15 of each even-numbered year. (Acts 58th Leg., R.S., Ch. |
|
|
4, Sec. 3 (part).) |
|
|
Sec. 6915.053. QUALIFICATIONS FOR OFFICE. A supervisor |
|
|
must be a resident of Willacy County. A supervisor is not required |
|
|
to reside in or own land in the district. (Acts 58th Leg., R.S., Ch. |
|
|
4, Sec. 3 (part).) |
|
|
Sec. 6915.054. EMPLOYEES. The board shall employ all |
|
|
necessary employees for the proper handling and operation of the |
|
|
district, and may employ a general manager, attorney, bookkeeper, |
|
|
and engineer and assistants and laborers as may be required, on the |
|
|
terms and for the compensation set by the board. (Acts 58th Leg., |
|
|
R.S., Ch. 4, Sec. 6.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 6915.101. GENERAL POWERS AND DUTIES. The district has |
|
|
all the rights, powers, privileges, and duties provided by general |
|
|
law applicable to a fresh water supply district created under |
|
|
Section 59, Article XVI, Texas Constitution, including Chapters 49 |
|
|
and 53, Water Code. (Acts 58th Leg., R.S., Ch. 4, Sec. 2 (part).) |
|
|
Sec. 6915.102. ACQUISITION OF IMPROVEMENTS. The district |
|
|
may make, construct, or otherwise acquire improvements inside or |
|
|
outside the district that are necessary to carry out a power granted |
|
|
to the district under this chapter or a general law described by |
|
|
Section 6915.101. (Acts 58th Leg., R.S., Ch. 4, Sec. 2 (part).) |
|
|
Sec. 6915.103. LIMIT ON EMINENT DOMAIN POWER. |
|
|
Notwithstanding any other provision of this chapter, the district |
|
|
may not exercise the power of eminent domain outside Willacy |
|
|
County. (Acts 58th Leg., R.S., Ch. 4, Sec. 2A.) |
|
|
Sec. 6915.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value of |
|
|
the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted under |
|
|
this chapter makes necessary relocating, raising, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission line, telephone or telegraph |
|
|
property or facility, or pipeline, the necessary action shall be |
|
|
accomplished at the sole expense of the district. (Acts 58th Leg., |
|
|
R.S., Ch. 4, Sec. 2 (part).) |
|
|
Sec. 6915.105. DURATION OF CONTRACT FOR WATER PURCHASE OR |
|
|
SALE. A district contract for the purchase or sale of water may not |
|
|
exceed 40 years. (Acts 58th Leg., R.S., Ch. 4, Sec. 2 (part).) |
|
|
Sec. 6915.106. ADDITION OF TERRITORY TO DISTRICT. (a) In |
|
|
addition to the procedures provided by Subchapter J, Chapter 49, |
|
|
Water Code, the district may add land that is contiguous to the |
|
|
district as provided by this section. |
|
|
(b) The owner or owners of land may request by petition that |
|
|
the board include the land in the district. |
|
|
(c) A petition under Subsection (b) must be filed with the |
|
|
board and describe the land to be added to the district. The |
|
|
description may be by metes and bounds or by lot and block number. |
|
|
The petition must be signed and executed in the manner provided by |
|
|
law for the conveyance of real estate. |
|
|
(d) The board shall hear and consider a petition filed under |
|
|
this section. The board may grant the petition and add the land to |
|
|
the district if the board considers the addition to be to the |
|
|
advantage of the district. |
|
|
(e) A petition granted under this section shall be filed and |
|
|
recorded in the deed records of Willacy County. (Acts 58th Leg., |
|
|
R.S., Ch. 4, Sec. 5.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6915.151. AUTHORIZATION OF CERTAIN DISTRICT |
|
|
OBLIGATIONS. It is not necessary to have an election to authorize a |
|
|
district obligation that is payable from any source other than ad |
|
|
valorem taxation. (Acts 58th Leg., R.S., Ch. 4, Sec. 2 (part).) |
|
|
Sec. 6915.152. DISTRICT TAX ASSESSOR-COLLECTOR. The tax |
|
|
assessor-collector for Willacy County is, ex officio, the tax |
|
|
assessor-collector for the district. (Acts 58th Leg., R.S., Ch. 4, |
|
|
Sec. 4 (part).) |
|
|
SECTION 1.03. Subtitle C, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 7216 to read as follows: |
|
|
CHAPTER 7216. JOHNSON COUNTY SPECIAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7216.001. DEFINITIONS |
|
|
Sec. 7216.002. NATURE OF DISTRICT |
|
|
Sec. 7216.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 7216.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 7216.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7216.101. SPECIAL UTILITY DISTRICT POWERS |
|
|
Sec. 7216.102. LIMITATION OF CERTAIN POWERS |
|
|
Sec. 7216.103. DISTRICT RULES |
|
|
Sec. 7216.104. CONFLICT WITH MUNICIPAL REGULATION |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7216.151. TAX-EXEMPT BOND FINANCING; SALES TAX |
|
|
EXEMPTION |
|
|
CHAPTER 7216. JOHNSON COUNTY SPECIAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7216.001. 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 the Johnson County Special |
|
|
Utility District. (Acts 78th Leg., R.S., Ch. 780, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 7216.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Johnson, Hill, Ellis, and |
|
|
Tarrant Counties created under Section 59, Article XVI, Texas |
|
|
Constitution. (Acts 78th Leg., R.S., Ch. 780, Secs. 1(a) (part), |
|
|
(b) (part).) |
|
|
Sec. 7216.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the works and projects accomplished by the |
|
|
district under the powers conferred by Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg., |
|
|
R.S., Ch. 780, Secs. 1(b) (part), 5.) |
|
|
Sec. 7216.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 3, Chapter 780, Acts |
|
|
of the 78th Legislature, Regular Session, 2003, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter J, Chapter 49, Water Code; |
|
|
(2) Subchapter H, Chapter 65, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue bonds or refunding |
|
|
bonds or to pay the principal of and interest on the bonds; or |
|
|
(3) the legality or operation of the district or the |
|
|
board. (Acts 78th Leg., R.S., Ch. 780, Sec. 4; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 7216.051. COMPOSITION OF BOARD. The district is |
|
|
governed by a board of not fewer than 5 or more than 11 elected |
|
|
directors. (Acts 78th Leg., R.S., Ch. 780, Secs. 8(a) (part), (c) |
|
|
(part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7216.101. SPECIAL UTILITY DISTRICT POWERS. Except as |
|
|
specifically limited by Section 7216.102, the district has all of |
|
|
the rights, powers, privileges, authority, functions, and duties |
|
|
provided by general law applicable to a special utility district |
|
|
created under Section 59, Article XVI, Texas Constitution, |
|
|
including those provided by Chapters 49 and 65, Water Code. (Acts |
|
|
78th Leg., R.S., Ch. 780, Sec. 6(a) (part).) |
|
|
Sec. 7216.102. LIMITATION OF CERTAIN POWERS. (a) Before |
|
|
June 20, 2009, the district: |
|
|
(1) shall limit the exercise of its powers related to |
|
|
the provision of public water utility service to territory that is |
|
|
located within the boundaries of the district or as authorized by |
|
|
Certificate of Convenience and Necessity No. 10081; and |
|
|
(2) may not provide wastewater service, solid waste |
|
|
service, firefighting service, or stormwater, flood control, and |
|
|
drainage services and may not convert to or otherwise become a |
|
|
municipal utility district, absent the express written consent of |
|
|
any municipality with extraterritorial jurisdiction that overlaps |
|
|
the district's boundaries. |
|
|
(b) On or after June 20, 2009, to exercise a power |
|
|
restricted by this section, the district must file an application |
|
|
with the Texas Commission on Environmental Quality, if allowed by |
|
|
the law in existence at that time, to exercise that additional |
|
|
power. In addition to filing an application seeking expansion of |
|
|
the district's powers, the district must apply for a sewer |
|
|
certificate of convenience and necessity for the district to |
|
|
provide retail wastewater service. The district shall provide |
|
|
notice and a copy of an application for expansion of powers to each |
|
|
municipality whose jurisdiction, including extraterritorial |
|
|
jurisdiction, overlaps the district's boundaries, in addition to |
|
|
complying with any other applicable notice requirements. |
|
|
(c) If a municipality that is entitled to the notice |
|
|
required by Subsection (b) files a request for a contested case |
|
|
hearing within 60 days after receipt of the notice, the Texas |
|
|
Commission on Environmental Quality shall directly refer the |
|
|
application to the State Office of Administrative Hearings for a |
|
|
contested case hearing. (Acts 78th Leg., R.S., Ch. 780, Secs. 6(a) |
|
|
(part), (c).) |
|
|
Sec. 7216.103. DISTRICT RULES. The district may adopt and |
|
|
enforce reasonable rules. (Acts 78th Leg., R.S., Ch. 780, Sec. 11.) |
|
|
Sec. 7216.104. CONFLICT WITH MUNICIPAL REGULATION. (a) If |
|
|
a municipality asserts regulatory authority, including water |
|
|
quality standards, over a geographic area located within the |
|
|
district's jurisdiction, the municipality's regulation controls |
|
|
over the district's regulation if there is a regulatory conflict. |
|
|
(b) This section does not apply to: |
|
|
(1) potable water quality standards; or |
|
|
(2) a dispute relating to retail water utility service |
|
|
areas. (Acts 78th Leg., R.S., Ch. 780, Sec. 7.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7216.151. TAX-EXEMPT BOND FINANCING; SALES TAX |
|
|
EXEMPTION. This chapter may not be construed to impair the |
|
|
district's ability or right to obtain tax-exempt bond financing or |
|
|
a state sales tax exemption. (Acts 78th Leg., R.S., Ch. 780, Sec. |
|
|
6(b) (part).) |
|
|
SECTION 1.04. Subtitle F, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapters 8228, 8371, 8372, 8386, |
|
|
8392, 8408, 8409, 8411, 8412, 8415, 8440, 8481, 8482, 8485, and 8486 |
|
|
to read as follows: |
|
|
CHAPTER 8228. WOOD TRACE MUNICIPAL UTILITY DISTRICT NO. 1, OF |
|
|
MONTGOMERY COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8228.001. DEFINITIONS |
|
|
Sec. 8228.002. NATURE OF DISTRICT |
|
|
Sec. 8228.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8228.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8228.051. COMPOSITION OF BOARD; TERMS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8228.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES |
|
|
CHAPTER 8228. WOOD TRACE MUNICIPAL UTILITY DISTRICT NO. 1, OF |
|
|
MONTGOMERY COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8228.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Wood Trace Municipal Utility |
|
|
District No. 1, of Montgomery County, Texas. (Acts 72nd Leg., |
|
|
R.S., Ch. 218, Sec. 2; New.) |
|
|
Sec. 8228.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Montgomery County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 72nd |
|
|
Leg., R.S., Ch. 218, Secs. 1(a) (part), (b) (part).) |
|
|
Sec. 8228.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the works and projects accomplished by the |
|
|
district under the powers conferred by Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
72nd Leg., R.S., Ch. 218, Secs. 1(b) (part), 5.) |
|
|
Sec. 8228.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 3, Chapter 218, Acts |
|
|
of the 72nd Legislature, Regular Session, 1991, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to impose a tax; or |
|
|
(3) the legality or operation of the district or its |
|
|
governing body. (Acts 72nd Leg., R.S., Ch. 218, Sec. 4; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8228.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 72nd |
|
|
Leg., R.S., Ch. 218, Secs. 7(a), (d).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8228.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the rights, powers, privileges, |
|
|
functions, and duties provided by general law, including Chapters |
|
|
49, 50, and 54, Water Code, applicable to a municipal utility |
|
|
district created under Section 59, Article XVI, Texas Constitution. |
|
|
(Acts 72nd Leg., R.S., Ch. 218, Sec. 6(a) (part); New.) |
|
|
CHAPTER 8371. SAGEMEADOW UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8371.001. DEFINITIONS |
|
|
Sec. 8371.002. NATURE OF DISTRICT |
|
|
Sec. 8371.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8371.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8371.051. COMPOSITION OF BOARD |
|
|
Sec. 8371.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8371.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8371. SAGEMEADOW UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8371.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Sagemeadow Utility District. |
|
|
(Acts 62nd Leg., R.S., Ch. 679, Sec. 1 (part); New.) |
|
|
Sec. 8371.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
|
Leg., R.S., Ch. 679, Sec. 1 (part).) |
|
|
Sec. 8371.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 679, Secs. 1 (part), 3.) |
|
|
Sec. 8371.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 679, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
the purpose for which the district is created or to pay the |
|
|
principal of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 679, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8371.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 679, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8371.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 679, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8371.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 679, Sec. 5 (part); New.) |
|
|
CHAPTER 8372. SHASLA PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8372.001. DEFINITIONS |
|
|
Sec. 8372.002. NATURE OF DISTRICT |
|
|
Sec. 8372.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8372.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8372.051. COMPOSITION OF BOARD |
|
|
Sec. 8372.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8372.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8372. SHASLA PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8372.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Shasla Public Utility |
|
|
District. (Acts 62nd Leg., R.S., Ch. 412, Sec. 1 (part); New.) |
|
|
Sec. 8372.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
|
R.S., Ch. 412, Sec. 1 (part).) |
|
|
Sec. 8372.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 412, Secs. 1 (part), 3.) |
|
|
Sec. 8372.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 412, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 412, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8372.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 412, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8372.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 412, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8372.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 412, Sec. 5 (part); New.) |
|
|
CHAPTER 8386. SPANISH COVE PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8386.001. DEFINITIONS |
|
|
Sec. 8386.002. NATURE OF DISTRICT |
|
|
Sec. 8386.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8386.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8386.051. COMPOSITION OF BOARD |
|
|
Sec. 8386.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8386.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8386. SPANISH COVE PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8386.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Spanish Cove Public Utility |
|
|
District. (Acts 62nd Leg., R.S., Ch. 409, Sec. 1 (part); New.) |
|
|
Sec. 8386.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
|
Leg., R.S., Ch. 409, Sec. 1 (part).) |
|
|
Sec. 8386.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 409, Secs. 1 (part), 3.) |
|
|
Sec. 8386.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 409, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 409, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8386.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 409, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8386.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 409, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8386.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 409, Sec. 5 (part); New.) |
|
|
CHAPTER 8392. SPENCER ROAD PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8392.001. DEFINITIONS |
|
|
Sec. 8392.002. NATURE OF DISTRICT |
|
|
Sec. 8392.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8392.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8392.051. COMPOSITION OF BOARD |
|
|
Sec. 8392.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8392.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8392. SPENCER ROAD PUBLIC UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8392.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Spencer Road Public Utility |
|
|
District. (Acts 62nd Leg., R.S., Ch. 699, Sec. 1 (part); New.) |
|
|
Sec. 8392.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
|
R.S., Ch. 699, Sec. 1 (part).) |
|
|
Sec. 8392.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 699, Secs. 1 (part), 3.) |
|
|
Sec. 8392.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 699, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 699, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8392.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 699, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8392.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 699, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8392.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 699, Sec. 5 (part); New.) |
|
|
CHAPTER 8408. THUNDERBIRD UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8408.001. DEFINITIONS |
|
|
Sec. 8408.002. NATURE OF DISTRICT |
|
|
Sec. 8408.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8408.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8408.051. COMPOSITION OF BOARD |
|
|
Sec. 8408.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8408.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8408. THUNDERBIRD UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8408.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Thunderbird Utility |
|
|
District. (Acts 62nd Leg., R.S., Ch. 456, Sec. 1 (part); New.) |
|
|
Sec. 8408.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Fort Bend County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
|
Leg., R.S., Ch. 456, Sec. 1 (part).) |
|
|
Sec. 8408.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 456, Secs. 1 (part), 3.) |
|
|
Sec. 8408.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 456, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
the purpose for which the district is created or to pay the |
|
|
principal of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 456, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8408.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 456, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8408.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 456, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8408.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 456, Sec. 5 (part); New.) |
|
|
CHAPTER 8409. PORT O'CONNOR IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8409.001. DEFINITIONS |
|
|
Sec. 8409.002. NATURE OF DISTRICT |
|
|
Sec. 8409.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8409.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8409.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8409.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8409.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
SUBCHAPTER D. SALES AND USE TAX |
|
|
Sec. 8409.151. APPLICABILITY OF CERTAIN TAX CODE |
|
|
PROVISIONS |
|
|
Sec. 8409.152. ELECTION; ADOPTION OF TAX |
|
|
Sec. 8409.153. SALES AND USE TAX RATE |
|
|
Sec. 8409.154. USE OF REVENUE |
|
|
Sec. 8409.155. ABOLITION OR DECREASE OF TAX |
|
|
CHAPTER 8409. PORT O'CONNOR IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8409.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Port O'Connor Improvement |
|
|
District. (Acts 65th Leg., R.S., Ch. 693, Secs. 1 (part), 1A; New.) |
|
|
Sec. 8409.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Calhoun County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 65th |
|
|
Leg., R.S., Ch. 693, Sec. 1 (part).) |
|
|
Sec. 8409.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
65th Leg., R.S., Ch. 693, Secs. 1 (part), 4.) |
|
|
Sec. 8409.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 693, Acts |
|
|
of the 65th Legislature, Regular Session, 1977, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 65th Leg., R.S., Ch. 693, Sec. 3; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8409.051. COMPOSITION OF BOARD; TERMS. (a) The board |
|
|
is composed of five elected directors. |
|
|
(b) Directors serve staggered terms. (Acts 65th Leg., R.S., |
|
|
Ch. 693, Sec. 7(b) (part).) |
|
|
Sec. 8409.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 65th |
|
|
Leg., R.S., Ch. 693, Sec. 7(b) (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8409.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred and imposed by general law applicable to a municipal |
|
|
utility district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 54, Water Code. (Acts 65th |
|
|
Leg., R.S., Ch. 693, Sec. 5 (part); New.) |
|
|
SUBCHAPTER D. SALES AND USE TAX |
|
|
Sec. 8409.151. APPLICABILITY OF CERTAIN TAX CODE |
|
|
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
|
|
computation, administration, enforcement, and collection of the |
|
|
sales and use tax authorized by this subchapter, except to the |
|
|
extent Chapter 321, Tax Code, is inconsistent with this subchapter. |
|
|
(b) A reference in Chapter 321, Tax Code, to a municipality |
|
|
or the governing body of a municipality is a reference to the |
|
|
district or the board, respectively. (Acts 65th Leg., R.S., Ch. |
|
|
693, Sec. 11.) |
|
|
Sec. 8409.152. ELECTION; ADOPTION OF TAX. (a) The district |
|
|
may adopt a sales and use tax if authorized by a majority of the |
|
|
voters of the district voting at an election held for that purpose. |
|
|
(b) The board by order may call an election to authorize the |
|
|
adoption of the sales and use tax. The election may be held on any |
|
|
uniform election date and in conjunction with any other district |
|
|
election. |
|
|
(c) The district shall provide notice and hold the election |
|
|
in the manner provided by Subchapter D, Chapter 49, Water Code. |
|
|
(d) The ballot shall be printed to provide for voting for or |
|
|
against the proposition: "Authorization of a sales and use tax in |
|
|
the Port O'Connor Improvement District at a rate not to exceed ____ |
|
|
percent" (insert rate of one or more increments of one-eighth of one |
|
|
percent). (Acts 65th Leg., R.S., Ch. 693, Sec. 12.) |
|
|
Sec. 8409.153. SALES AND USE TAX RATE. (a) After the date |
|
|
the results are declared of an election held under Section 8409.152 |
|
|
at which the voters authorized imposition of a tax, the board shall |
|
|
provide by resolution or order the initial rate of the tax, which |
|
|
must be in one or more increments of one-eighth of one percent. |
|
|
(b) After the authorization of a tax under Section 8409.152, |
|
|
the board may increase or decrease the rate of the tax by one or more |
|
|
increments of one-eighth of one percent. |
|
|
(c) The initial rate of the tax or any rate resulting from |
|
|
subsequent increases or decreases may not exceed the lesser of: |
|
|
(1) the maximum rate authorized at the election held |
|
|
under Section 8409.152; or |
|
|
(2) a rate that, when added to the rates of all sales |
|
|
and use taxes imposed by other political subdivisions with |
|
|
territory in the district, would result in the maximum combined |
|
|
rate prescribed by Section 321.101(f), Tax Code, at any location in |
|
|
the district. |
|
|
(d) In determining whether the combined sales and use tax |
|
|
rate under Subsection (c)(2) would exceed the maximum combined rate |
|
|
prescribed by Section 321.101(f), Tax Code, at any location in the |
|
|
district, the board shall include: |
|
|
(1) any sales and use tax imposed by a political |
|
|
subdivision whose territory overlaps all or part of the district; |
|
|
(2) any sales and use tax to be imposed by Calhoun |
|
|
County as a result of an election held on the same date as the |
|
|
election held under Section 8409.152; and |
|
|
(3) any increase to an existing sales and use tax |
|
|
imposed by Calhoun County as a result of an election held on the |
|
|
same date as the election held under Section 8409.152. |
|
|
(e) The board shall notify the comptroller of any changes |
|
|
made to the tax rate in the same manner the municipal secretary |
|
|
provides notice to the comptroller under Section 321.405(b), Tax |
|
|
Code. (Acts 65th Leg., R.S., Ch. 693, Sec. 13.) |
|
|
Sec. 8409.154. USE OF REVENUE. Revenue from the sales and |
|
|
use tax imposed under Section 8409.153 is for the use and benefit of |
|
|
the district and may be used for any district purpose. The district |
|
|
may pledge all or part of the revenue to the payment of bonds, |
|
|
notes, or other obligations, and that pledge of revenue may be in |
|
|
combination with other revenue, including tax revenue, available to |
|
|
the district. (Acts 65th Leg., R.S., Ch. 693, Sec. 14.) |
|
|
Sec. 8409.155. ABOLITION OR DECREASE OF TAX. (a) Except as |
|
|
provided by Subsection (b), the board may abolish or decrease the |
|
|
tax imposed under Section 8409.153 without an election. |
|
|
(b) The board may not abolish or decrease the tax imposed |
|
|
under Section 8409.153 if the district has outstanding debt secured |
|
|
by the tax and repayment of the debt would be impaired by the |
|
|
abolition or decrease of the tax. |
|
|
(c) If the board abolishes or decreases the tax, the board |
|
|
shall notify the comptroller of that action in the same manner the |
|
|
municipal secretary provides notice to the comptroller under |
|
|
Section 321.405(b), Tax Code. |
|
|
(d) If the board abolishes the tax or decreases the tax rate |
|
|
to zero, a new election to authorize a sales and use tax must be held |
|
|
under Section 8409.152 before the district may subsequently impose |
|
|
the tax. (Acts 65th Leg., R.S., Ch. 693, Sec. 15.) |
|
|
CHAPTER 8411. SPRING MEADOWS MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8411.001. DEFINITIONS |
|
|
Sec. 8411.002. NATURE OF DISTRICT |
|
|
Sec. 8411.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8411.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8411.051. COMPOSITION OF BOARD; TERMS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8411.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES |
|
|
CHAPTER 8411. SPRING MEADOWS MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8411.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Spring Meadows Municipal |
|
|
Utility District. (Acts 76th Leg., R.S., Ch. 35, Sec. 2; New.) |
|
|
Sec. 8411.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 76th |
|
|
Leg., R.S., Ch. 35, Secs. 1(a) (part), (b) (part).) |
|
|
Sec. 8411.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under powers conferred by Section 59, |
|
|
Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
76th Leg., R.S., Ch. 35, Secs. 1(b) (part), 5.) |
|
|
Sec. 8411.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 3, Chapter 35, Acts |
|
|
of the 76th Legislature, Regular Session, 1999, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to impose a tax; or |
|
|
(3) the legality or operation of the district or its |
|
|
governing body. (Acts 76th Leg., R.S., Ch. 35, Sec. 4; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8411.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 76th |
|
|
Leg., R.S., Ch. 35, Secs. 7(a), (d).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8411.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the rights, powers, privileges, |
|
|
functions, and duties provided by the general law of this state, |
|
|
including Chapters 49 and 54, Water Code, applicable to a municipal |
|
|
utility district created under Section 59, Article XVI, Texas |
|
|
Constitution. (Acts 76th Leg., R.S., Ch. 35, Sec. 6(a) (part).) |
|
|
CHAPTER 8412. VARNER CREEK UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8412.001. DEFINITIONS |
|
|
Sec. 8412.002. NATURE OF DISTRICT |
|
|
Sec. 8412.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8412.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8412.051. COMPOSITION OF BOARD |
|
|
Sec. 8412.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8412.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
CHAPTER 8412. VARNER CREEK UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8412.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Varner Creek Utility |
|
|
District. (Acts 62nd Leg., R.S., Ch. 352, Sec. 1 (part); New.) |
|
|
Sec. 8412.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Brazoria County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
|
Leg., R.S., Ch. 352, Sec. 1 (part).) |
|
|
Sec. 8412.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
62nd Leg., R.S., Ch. 352, Secs. 1 (part), 3.) |
|
|
Sec. 8412.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 352, Acts |
|
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in copying the field notes in the legislative |
|
|
process or another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 62nd Leg., R.S., Ch. 352, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8412.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 352, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8412.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
|
Leg., R.S., Ch. 352, Sec. 6 (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8412.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred by general law applicable to a municipal utility |
|
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
|
Leg., R.S., Ch. 352, Sec. 5 (part); New.) |
|
|
CHAPTER 8415. WEST CEDAR CREEK MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8415.001. DEFINITIONS |
|
|
Sec. 8415.002. NATURE OF DISTRICT |
|
|
Sec. 8415.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8415.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8415.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8415.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8415.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
|
Sec. 8415.102. WATER AND SEWER SYSTEMS |
|
|
Sec. 8415.103. TAXES |
|
|
CHAPTER 8415. WEST CEDAR CREEK MUNICIPAL UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8415.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the West Cedar Creek Municipal |
|
|
Utility District. (Acts 64th Leg., R.S., Ch. 742, Sec. 1 (part); |
|
|
New.) |
|
|
Sec. 8415.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Henderson County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 64th |
|
|
Leg., R.S., Ch. 742, Sec. 1 (part).) |
|
|
Sec. 8415.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
64th Leg., R.S., Ch. 742, Secs. 1 (part), 5.) |
|
|
Sec. 8415.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 742, Acts |
|
|
of the 64th Legislature, Regular Session, 1975, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 64th Leg., R.S., Ch. 742, Sec. 3; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8415.051. COMPOSITION OF BOARD; TERMS. (a) The board |
|
|
is composed of seven elected directors. |
|
|
(b) Directors serve staggered terms. (Acts 64th Leg., R.S., |
|
|
Ch. 742, Sec. 8(b) (part).) |
|
|
Sec. 8415.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than four. (Acts 64th |
|
|
Leg., R.S., Ch. 742, Sec. 8(b) (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8415.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
|
district has the rights, powers, privileges, and functions |
|
|
conferred and imposed by general law applicable to a municipal |
|
|
utility district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 54, Water Code. (Acts 64th |
|
|
Leg., R.S., Ch. 742, Sec. 6 (part).) |
|
|
Sec. 8415.102. WATER AND SEWER SYSTEMS. The district may |
|
|
acquire, and may improve or extend, any existing water or sewer |
|
|
system that serves all or part of the district territory or may |
|
|
construct a water or sewer system to serve the inhabitants of the |
|
|
county in which the district is situated. (Acts 64th Leg., R.S., Ch. |
|
|
742, Sec. 7(a).) |
|
|
Sec. 8415.103. TAXES. The district may not impose a tax |
|
|
unless the tax has been approved by the voters at an election called |
|
|
for that purpose. (Acts 64th Leg., R.S., Ch. 742, Sec. 7(b).) |
|
|
CHAPTER 8440. WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8440.001. DEFINITIONS |
|
|
Sec. 8440.002. NATURE OF DISTRICT |
|
|
Sec. 8440.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8440.004. DISTRICT TERRITORY |
|
|
Sec. 8440.005. APPLICATION OF CONDITIONS TO CREATION |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8440.051. COMPOSITION OF BOARD; TERMS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8440.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES |
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CHAPTER 8440. WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8440.001. 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 member of the board. |
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(3) "District" means West Travis County Municipal |
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Utility District No. 3. (Acts 71st Leg., R.S., Ch. 1212, Sec. 2; |
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New.) |
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Sec. 8440.002. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district in Travis County created |
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under Section 59, Article XVI, Texas Constitution. (Acts 71st |
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Leg., R.S., Ch. 1212, Secs. 1(a) (part), (b) (part).) |
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Sec. 8440.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects accomplished by the |
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district under powers conferred by Section 59, Article XVI, Texas |
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Constitution. |
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(c) The creation of the district is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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71st Leg., R.S., Ch. 1212, Secs. 1(b) (part), 5.) |
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Sec. 8440.004. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 3, Chapter 1212, |
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Acts of the 71st Legislature, Regular Session, 1989, as that |
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territory may have been modified under: |
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(1) Subchapter H, Chapter 54, Water Code; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. |
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(b) The boundaries and field notes of the district form a |
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closure. A mistake in the field notes or in copying the field notes |
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in the legislative process does not affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to impose a tax; or |
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(3) the legality or operation of the district or its |
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governing body. (Acts 71st Leg., R.S., Ch. 1212, Sec. 4; New.) |
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Sec. 8440.005. APPLICATION OF CONDITIONS TO CREATION. The |
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enactment of Chapter 1212, Acts of the 71st Legislature, Regular |
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Session, 1989, did not affect conditions to the consent of the |
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creation of the district imposed by any jurisdiction in which the |
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district is located. (Acts 71st Leg., R.S., Ch. 1212, Sec. 11.) |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8440.051. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. (Acts 71st |
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Leg., R.S., Ch. 1212, Secs. 7(a), (d).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8440.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the rights, powers, privileges, |
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functions, and duties provided by general law, including Chapters |
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49, 50, and 54, Water Code, applicable to a municipal utility |
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district created under Section 59, Article XVI, Texas Constitution. |
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(Acts 71st Leg., R.S., Ch. 1212, Sec. 6(a) (part); New.) |
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CHAPTER 8481. WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8481.001. DEFINITIONS |
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Sec. 8481.002. NATURE OF DISTRICT |
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Sec. 8481.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
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Sec. 8481.004. DISTRICT TERRITORY |
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Sec. 8481.005. APPLICATION OF CONDITIONS TO CREATION |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8481.051. COMPOSITION OF BOARD; TERMS |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8481.101. GENERAL POWERS AND DUTIES |
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CHAPTER 8481. WEST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8481.001. 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 member of the board. |
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(3) "District" means the West Travis County Municipal |
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Utility District No. 5. (Acts 71st Leg., R.S., Ch. 1214, Sec. 2; |
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New.) |
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Sec. 8481.002. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district in Travis County created |
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under Section 59, Article XVI, Texas Constitution. (Acts 71st |
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Leg., R.S., Ch. 1214, Secs. 1(a) (part), (b) (part).) |
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Sec. 8481.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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|
will benefit from the works and projects accomplished by the |
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|
district under the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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(c) The creation of the district is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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71st Leg., R.S., Ch. 1214, Secs. 1(b) (part), 5.) |
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Sec. 8481.004. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 3, Chapter 1214, |
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Acts of the 71st Legislature, Regular Session, 1989, as that |
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territory may have been modified under: |
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|
(1) Subchapter H, Chapter 54, Water Code; |
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|
(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. |
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(b) The boundaries and field notes of the district form a |
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|
closure. A mistake in the field notes or in copying the field notes |
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|
in the legislative process does not affect: |
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|
(1) the district's organization, existence, or |
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|
validity; |
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(2) the district's right to impose a tax; or |
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(3) the legality or operation of the district or its |
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|
governing body. (Acts 71st Leg., R.S., Ch. 1214, Sec. 4; New.) |
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Sec. 8481.005. APPLICATION OF CONDITIONS TO CREATION. The |
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|
enactment of Chapter 1214, Acts of the 71st Legislature, Regular |
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|
Session, 1989, did not affect conditions to the consent of the |
|
|
creation of the district imposed by any jurisdiction in which the |
|
|
district is located. (Acts 71st Leg., R.S., Ch. 1214, Sec. 11.) |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8481.051. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. (Acts 71st |
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Leg., R.S., Ch. 1214, Secs. 7(a), (d).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8481.101. GENERAL POWERS AND DUTIES. (a) The district |
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has the rights, powers, privileges, functions, and duties: |
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(1) provided by general law applicable to a municipal |
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|
utility district created under Section 59, Article XVI, Texas |
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|
Constitution, including Chapters 49, 50, and 54, Water Code; |
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(2) relating to a road district or road utility |
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district created under Section 52, Article III, Texas Constitution; |
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and |
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(3) relating to a supply and distribution facility or |
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system in order to provide potable and nonpotable water to the |
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residents and businesses of Travis and Hays Counties. |
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(b) Notwithstanding Subsections (a)(2) and (3), the |
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district may not construct, acquire, maintain, or operate a toll |
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road. (Acts 71st Leg., R.S., Ch. 1214, Secs. 6(a) (part), (c), |
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(d).) |
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CHAPTER 8482. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8482.001. DEFINITIONS |
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Sec. 8482.002. NATURE OF DISTRICT |
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Sec. 8482.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
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Sec. 8482.004. DISTRICT TERRITORY |
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Sec. 8482.005. ADDITION OR EXCLUSION OF DISTRICT |
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TERRITORY; MUNICIPAL CONSENT NOT |
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REQUIRED |
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Sec. 8482.006. PROHIBITION AGAINST IMPAIRMENT OF |
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DISTRICT |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8482.051. COMPOSITION OF BOARD; TERMS |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8482.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES |
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SUBCHAPTER D. ANNEXATION BY MUNICIPALITY |
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Sec. 8482.151. ANNEXATION BY MUNICIPALITY |
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Sec. 8482.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
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CHAPTER 8482. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8482.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Williamson County Municipal |
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Utility District No. 12. (Acts 78th Leg., R.S., Ch. 761, Secs. |
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1(1), (3); New.) |
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Sec. 8482.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district in Williamson County created under |
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Section 59, Article XVI, Texas Constitution. |
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(b) The district is a political subdivision of this state. |
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(Acts 78th Leg., R.S., Ch. 761, Secs. 2(a) (part), (b), 3(b) |
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(part).) |
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Sec. 8482.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the works and projects accomplished by the |
|
|
district under powers conferred by Section 59, Article XVI, Texas |
|
|
Constitution. |
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|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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78th Leg., R.S., Ch. 761, Secs. 3(a), (b) (part), (c).) |
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Sec. 8482.004. DISTRICT TERRITORY. (a) The district is |
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|
composed of the territory described by Section 4, Chapter 761, Acts |
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|
of the 78th Legislature, Regular Session, 2003, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to impose a tax; or |
|
|
(3) the legality or operation of the district or the |
|
|
board. (Acts 78th Leg., R.S., Ch. 761, Sec. 5; New.) |
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Sec. 8482.005. ADDITION OR EXCLUSION OF DISTRICT TERRITORY; |
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MUNICIPAL CONSENT NOT REQUIRED. The district may add or exclude |
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|
land in the manner provided by Chapters 49 and 54, Water Code, |
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|
without the consent of any municipality. (Acts 78th Leg., R.S., Ch. |
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761, Sec. 13(b).) |
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|
Sec. 8482.006. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
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A municipality in whose extraterritorial jurisdiction the district |
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|
is located may not take any action, including adopting an ordinance |
|
|
or resolution, that: |
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|
(1) impairs the district's ability to exercise the |
|
|
district's powers under this chapter; or |
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|
(2) limits the district's ability to finance, |
|
|
construct, or operate the district's water, wastewater, or drainage |
|
|
systems. (Acts 78th Leg., R.S., Ch. 761, Sec. 12.) |
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|
SUBCHAPTER B. BOARD OF DIRECTORS |
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|
Sec. 8482.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 78th |
|
|
Leg., R.S., Ch. 761, Secs. 7(a), (d).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
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|
Sec. 8482.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the rights, powers, privileges, |
|
|
functions, and duties provided by general law, including Chapters |
|
|
49 and 54, Water Code, applicable to a municipal utility district |
|
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
|
78th Leg., R.S., Ch. 761, Sec. 11; New.) |
|
|
SUBCHAPTER D. ANNEXATION BY MUNICIPALITY |
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|
Sec. 8482.151. ANNEXATION BY MUNICIPALITY. A municipality |
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|
may annex the district on the earlier of: |
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|
(1) the date of installation of 90 percent of all |
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|
works, improvements, facilities, plants, equipment, and appliances |
|
|
necessary and adequate to: |
|
|
(A) provide service to the proposed development |
|
|
in the district; |
|
|
(B) accomplish the purposes for which the |
|
|
district was created; and |
|
|
(C) exercise the powers provided by general law |
|
|
and this chapter; or |
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|
(2) the 20th anniversary of the date the district was |
|
|
confirmed. (Acts 78th Leg., R.S., Ch. 761, Sec. 13(a).) |
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|
Sec. 8482.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
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|
a municipality in whose extraterritorial jurisdiction the district |
|
|
is located annexes the district for full or limited purposes and the |
|
|
annexation precludes or impairs the ability of the district to |
|
|
issue bonds, the municipality shall: |
|
|
(1) simultaneously with the annexation, pay in cash to |
|
|
the landowner or developer of the district a sum equal to all actual |
|
|
costs and expenses incurred by the landowner or developer in |
|
|
connection with the district that: |
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|
(A) the district has agreed in writing to pay; |
|
|
and |
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|
(B) would otherwise have been eligible for |
|
|
reimbursement from bond proceeds under the rules and requirements |
|
|
of the Texas Commission on Environmental Quality as those rules and |
|
|
requirements exist on the date of annexation; and |
|
|
(2) after the annexation, install all necessary water, |
|
|
wastewater, and drainage facilities to serve full buildout of |
|
|
development in the district. (Acts 78th Leg., R.S., Ch. 761, Secs. |
|
|
1(2), 14.) |
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|
CHAPTER 8485. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 13 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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|
Sec. 8485.001. DEFINITIONS |
|
|
Sec. 8485.002. NATURE OF DISTRICT |
|
|
Sec. 8485.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8485.004. DISTRICT TERRITORY |
|
|
Sec. 8485.005. ADDITION OR EXCLUSION OF DISTRICT |
|
|
TERRITORY; MUNICIPAL CONSENT NOT |
|
|
REQUIRED |
|
|
Sec. 8485.006. PROHIBITION AGAINST IMPAIRMENT OF |
|
|
DISTRICT |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8485.051. COMPOSITION OF BOARD; TERMS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8485.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES |
|
|
SUBCHAPTER D. ANNEXATION BY MUNICIPALITY |
|
|
Sec. 8485.151. ANNEXATION BY MUNICIPALITY |
|
|
Sec. 8485.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
|
CHAPTER 8485. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 13 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8485.001. 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 the Williamson County Municipal |
|
|
Utility District No. 13. (Acts 78th Leg., R.S., Ch. 760, Secs. 1(1), |
|
|
(3); New.) |
|
|
Sec. 8485.002. NATURE OF DISTRICT. (a) The district is a |
|
|
municipal utility district in Williamson County created under |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(b) The district is a political subdivision of this state. |
|
|
(Acts 78th Leg., R.S., Ch. 760, Secs. 2(a) (part), (b), 3(b) |
|
|
(part).) |
|
|
Sec. 8485.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the works and projects accomplished by the |
|
|
district under powers conferred by Section 59, Article XVI, Texas |
|
|
Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
78th Leg., R.S., Ch. 760, Secs. 3(a), (b) (part), (c).) |
|
|
Sec. 8485.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 4, Chapter 760, Acts |
|
|
of the 78th Legislature, Regular Session, 2003, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to impose a tax; or |
|
|
(3) the legality or operation of the district or the |
|
|
board. (Acts 78th Leg., R.S., Ch. 760, Sec. 5; New.) |
|
|
Sec. 8485.005. ADDITION OR EXCLUSION OF DISTRICT TERRITORY; |
|
|
MUNICIPAL CONSENT NOT REQUIRED. The district may add or exclude |
|
|
land in the manner provided by Chapters 49 and 54, Water Code, |
|
|
without the consent of any municipality. (Acts 78th Leg., R.S., Ch. |
|
|
760, Sec. 13(b).) |
|
|
Sec. 8485.006. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
|
A municipality in whose extraterritorial jurisdiction the district |
|
|
is located may not take any action, including adopting an ordinance |
|
|
or resolution, that: |
|
|
(1) impairs the district's ability to exercise the |
|
|
district's powers under this chapter; or |
|
|
(2) limits the district's ability to finance, |
|
|
construct, or operate the district's water, wastewater, or drainage |
|
|
systems. (Acts 78th Leg., R.S., Ch. 760, Sec. 12.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8485.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 78th |
|
|
Leg., R.S., Ch. 760, Secs. 7(a), (d).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8485.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the rights, powers, privileges, |
|
|
functions, and duties provided by general law, including Chapters |
|
|
49 and 54, Water Code, applicable to a municipal utility district |
|
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
|
78th Leg., R.S., Ch. 760, Sec. 11; New.) |
|
|
SUBCHAPTER D. ANNEXATION BY MUNICIPALITY |
|
|
Sec. 8485.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
|
may annex the district on the earlier of: |
|
|
(1) the date of installation of 90 percent of all |
|
|
works, improvements, facilities, plants, equipment, and appliances |
|
|
necessary and adequate to: |
|
|
(A) provide service to the proposed development |
|
|
in the district; |
|
|
(B) accomplish the purposes for which the |
|
|
district was created; and |
|
|
(C) exercise the powers provided by general law |
|
|
and this chapter; or |
|
|
(2) the 20th anniversary of the date the district was |
|
|
confirmed. (Acts 78th Leg., R.S., Ch. 760, Sec. 13(a).) |
|
|
Sec. 8485.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
|
a municipality in whose extraterritorial jurisdiction the district |
|
|
is located annexes the district for full or limited purposes and the |
|
|
annexation precludes or impairs the ability of the district to |
|
|
issue bonds, the municipality shall: |
|
|
(1) simultaneously with the annexation, pay in cash to |
|
|
the landowner or developer of the district a sum equal to all actual |
|
|
costs and expenses incurred by the landowner or developer in |
|
|
connection with the district that: |
|
|
(A) the district has agreed in writing to pay; |
|
|
and |
|
|
(B) would otherwise have been eligible for |
|
|
reimbursement from bond proceeds under the rules and requirements |
|
|
of the Texas Commission on Environmental Quality as those rules and |
|
|
requirements exist on the date of annexation; and |
|
|
(2) after the annexation, install all necessary water, |
|
|
wastewater, and drainage facilities to serve full buildout of |
|
|
development in the district. (Acts 78th Leg., R.S., Ch. 760, Secs. |
|
|
1(2), 14.) |
|
|
CHAPTER 8486. WILLIAMSON COUNTY WATER, SEWER, IRRIGATION, AND |
|
|
DRAINAGE DISTRICT NO. 3 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8486.001. DEFINITIONS |
|
|
Sec. 8486.002. NATURE OF DISTRICT |
|
|
Sec. 8486.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 8486.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8486.051. COMPOSITION OF BOARD |
|
|
Sec. 8486.052. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8486.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES |
|
|
CHAPTER 8486. WILLIAMSON COUNTY WATER, SEWER, IRRIGATION, AND |
|
|
DRAINAGE DISTRICT NO. 3 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8486.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Williamson County Water, |
|
|
Sewer, Irrigation, and Drainage District No. 3. (Acts 70th Leg., |
|
|
R.S., Ch. 650, Sec. 2; New.) |
|
|
Sec. 8486.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Williamson County, |
|
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
|
70th Leg., R.S., Ch. 650, Sec. 1(a) (part).) |
|
|
Sec. 8486.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The creation of the district is essential to accomplish |
|
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
|
70th Leg., R.S., Ch. 650, Secs. 1(b), 5.) |
|
|
Sec. 8486.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 3, Chapter 650, Acts |
|
|
of the 70th Legislature, Regular Session, 1987, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter H, Chapter 54, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to impose a tax; or |
|
|
(3) the legality or operation of the district or its |
|
|
governing body. (Acts 70th Leg., R.S., Ch. 650, Sec. 4; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8486.051. COMPOSITION OF BOARD. The district is |
|
|
governed by a board of five elected directors. (Acts 70th Leg., |
|
|
R.S., Ch. 650, Secs. 7(a), (b) (part).) |
|
|
Sec. 8486.052. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
appoint directors to fill all of the vacancies on the board whenever |
|
|
the number of qualified directors is fewer than three. (Acts 70th |
|
|
Leg., R.S., Ch. 650, Sec. 7(e) (part); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8486.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the rights, powers, privileges, duties, |
|
|
and functions provided by general law applicable to a municipal |
|
|
utility district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49, 50, and 54, Water Code. (Acts |
|
|
70th Leg., R.S., Ch. 650, Sec. 6(a) (part).) |
|
|
SECTION 1.05. Subtitle G, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 8506 to read as follows: |
|
|
CHAPTER 8506. UPPER COLORADO RIVER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8506.001. DEFINITIONS |
|
|
Sec. 8506.002. CREATION AND NATURE OF AUTHORITY |
|
|
Sec. 8506.003. TERRITORY |
|
|
Sec. 8506.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
|
Sec. 8506.051. MEMBERSHIP OF BOARD |
|
|
Sec. 8506.052. TERMS |
|
|
Sec. 8506.053. REMOVAL |
|
|
Sec. 8506.054. VACANCY |
|
|
Sec. 8506.055. VOTING REQUIREMENT |
|
|
Sec. 8506.056. OFFICERS AND EMPLOYEES |
|
|
Sec. 8506.057. SURETY BONDS |
|
|
Sec. 8506.058. AUTHORITY'S OFFICE AND DOMICILE |
|
|
Sec. 8506.059. CONFLICT OF INTEREST; CRIMINAL PENALTY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8506.101. GENERAL POWERS |
|
|
Sec. 8506.102. POWERS RELATED TO WATER OF COLORADO |
|
|
RIVER AND ITS TRIBUTARIES |
|
|
Sec. 8506.103. SALE AND DISTRIBUTION OF WATER OUTSIDE |
|
|
BOUNDARIES OF AUTHORITY |
|
|
Sec. 8506.104. DEVELOPMENT, GENERATION, DISTRIBUTION, |
|
|
AND SALE OF WATER POWER AND ELECTRIC |
|
|
ENERGY |
|
|
Sec. 8506.105. PREVENTION OF DAMAGE TO PERSONS OR |
|
|
PROPERTY |
|
|
Sec. 8506.106. FORESTATION AND REFORESTATION; |
|
|
PREVENTION OF SOIL EROSION AND FLOODS |
|
|
Sec. 8506.107. AUTHORITY PROPERTY; EMINENT DOMAIN |
|
|
Sec. 8506.108. SALE, LEASE, MORTGAGE, OR OTHER |
|
|
DISPOSITION OF AUTHORITY PROPERTY |
|
|
Sec. 8506.109. OVERFLOW OR INUNDATION OF PUBLIC |
|
|
PROPERTY; RELOCATION OF ROADS |
|
|
Sec. 8506.110. CONSTRUCTION, MAINTENANCE, AND |
|
|
OPERATION OF FACILITIES |
|
|
Sec. 8506.111. SEAL |
|
|
Sec. 8506.112. GENERAL CONTRACT POWERS |
|
|
Sec. 8506.113. ADDITIONAL POWERS RELATING TO |
|
|
CONTRACTS, RULES, AND REGULATIONS |
|
|
Sec. 8506.114. LIMITATIONS ON POWERS OF AUTHORITY |
|
|
Sec. 8506.115. PUBLIC USE OF AUTHORITY'S LAND |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8506.151. DISBURSEMENT OF MONEY |
|
|
Sec. 8506.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
|
|
PUBLIC INSPECTION |
|
|
Sec. 8506.153. FILING OF COPIES OF AUDIT REPORT |
|
|
Sec. 8506.154. RATES AND OTHER CHARGES |
|
|
Sec. 8506.155. USE OF EXCESS REVENUE |
|
|
Sec. 8506.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT |
|
|
OF STATE NOT AUTHORIZED BY CHAPTER |
|
|
SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS |
|
|
Sec. 8506.201. LOANS AND GRANTS |
|
|
Sec. 8506.202. STATE PLEDGE REGARDING RIGHTS AND |
|
|
REMEDIES OF BONDHOLDERS |
|
|
Sec. 8506.203. OBLIGATION PAYABLE FROM REVENUE |
|
|
Sec. 8506.204. POWER TO ISSUE REVENUE BONDS |
|
|
Sec. 8506.205. TERMS OF ISSUANCE |
|
|
Sec. 8506.206. DEPOSIT OF PROCEEDS |
|
|
Sec. 8506.207. RESOLUTION PROVISIONS |
|
|
Sec. 8506.208. DEFAULT PROCEDURES |
|
|
Sec. 8506.209. POWER OF AUTHORITY TO PURCHASE BONDS |
|
|
ISSUED BY AUTHORITY |
|
|
Sec. 8506.210. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 8506. UPPER COLORADO RIVER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8506.001. DEFINITIONS. In this chapter: |
|
|
(1) "Authority" means the Upper Colorado River |
|
|
Authority. |
|
|
(2) "Board" means the board of directors of the |
|
|
authority. |
|
|
(3) "Director" means a member of the board. (Acts 44th |
|
|
Leg., R.S., G.L., Ch. 126, Secs. 1 (part), 3(a) (part); New.) |
|
|
Sec. 8506.002. CREATION AND NATURE OF AUTHORITY. (a) The |
|
|
authority is created as a conservation and reclamation district and |
|
|
a state agency. |
|
|
(b) The creation of the authority is essential to the |
|
|
accomplishment of the purposes of Section 59(a), Article XVI, Texas |
|
|
Constitution. (Acts 44th Leg., R.S., G.L., Ch. 126, Secs. 1 (part), |
|
|
18 (part).) |
|
|
Sec. 8506.003. TERRITORY. Unless modified under Subchapter |
|
|
J, Chapter 49, Water Code, or other law, the authority's territory |
|
|
consists of that part of this state included in the boundaries of |
|
|
Coke and Tom Green Counties. (Acts 44th Leg., R.S., G.L., Ch. 126, |
|
|
Sec. 1 (part); New.) |
|
|
Sec. 8506.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
|
chapter shall be liberally construed to effect its purposes. (Acts |
|
|
44th Leg., R.S., G.L., Ch. 126, Sec. 20.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
|
Sec. 8506.051. MEMBERSHIP OF BOARD. (a) The board consists |
|
|
of nine directors appointed by the governor with the advice and |
|
|
consent of the senate. |
|
|
(b) Each director must be a resident of and a freehold |
|
|
property taxpayer in this state. |
|
|
(c) Three directors must be residents of Tom Green County, |
|
|
three directors must be residents of Coke County, and three |
|
|
directors must be residents of counties contiguous to the authority |
|
|
or a county any part of which is within 25 miles of the authority. |
|
|
(Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 3(a) (part).) |
|
|
Sec. 8506.052. TERMS. Directors are appointed for |
|
|
staggered terms of six years with three directors' terms expiring |
|
|
on February 1 of each odd-numbered year. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 3(a) (part).) |
|
|
Sec. 8506.053. REMOVAL. A director may be removed by the |
|
|
governor for inefficiency, neglect of duty, or misconduct in |
|
|
office, after at least 10 days' written notice of the charge against |
|
|
the director and an opportunity to be heard in person or by counsel |
|
|
at a public hearing. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. |
|
|
3(a) (part).) |
|
|
Sec. 8506.054. VACANCY. A vacancy on the board shall be |
|
|
filled by the governor for the unexpired term. (Acts 44th Leg., |
|
|
R.S., G.L., Ch. 126, Sec. 3(a) (part).) |
|
|
Sec. 8506.055. VOTING REQUIREMENT. (a) Except as provided |
|
|
by this chapter or the bylaws, action may be taken by the |
|
|
affirmative vote of a majority of the directors present at a |
|
|
meeting. |
|
|
(b) The following are valid only if authorized or ratified |
|
|
by the affirmative vote of at least five directors: |
|
|
(1) a contract that involves an amount greater than |
|
|
$10,000 or has a duration of more than one year; |
|
|
(2) a bond, note, or other evidence of indebtedness; |
|
|
or |
|
|
(3) an amendment of the bylaws. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 3(b) (part).) |
|
|
Sec. 8506.056. OFFICERS AND EMPLOYEES. (a) The board shall |
|
|
select a secretary, a presiding officer, and a treasurer. The |
|
|
treasurer may also hold the office of secretary. |
|
|
(b) The secretary shall keep accurate and complete records |
|
|
of all proceedings of the board. |
|
|
(c) Until the board selects a secretary, or if the secretary |
|
|
is absent or unable to act, the board shall select a secretary pro |
|
|
tem. |
|
|
(d) The presiding officer is the chief executive officer of |
|
|
the authority. |
|
|
(e) The secretary, secretary pro tem, presiding officer, |
|
|
and treasurer have the powers and duties, hold office for the term, |
|
|
and are subject to removal in the manner provided by the bylaws. |
|
|
(f) The board shall set the compensation of the secretary, |
|
|
secretary pro tem, presiding officer, and treasurer. |
|
|
(g) The board may appoint other officers, agents, and |
|
|
employees, set their compensation and term of office, prescribe |
|
|
their duties and the method by which they may be removed, and |
|
|
delegate to them any of its powers and duties as it considers |
|
|
proper. (Acts 44th Leg., R.S., G.L., Ch. 126, Secs. 2 (part), 4.) |
|
|
Sec. 8506.057. SURETY BONDS. (a) The presiding officer, |
|
|
the treasurer, and any other officer, agent, or employee of the |
|
|
authority who is charged with the collection, custody, or payment |
|
|
of authority money shall give bond conditioned on: |
|
|
(1) the faithful performance of the person's duties; |
|
|
and |
|
|
(2) an accounting for all money and property of the |
|
|
authority coming into the person's possession. |
|
|
(b) The bond must be in a form and amount and with a surety |
|
|
approved by the board, and the surety on the bond must be a surety |
|
|
company authorized to do business in this state. |
|
|
(c) The authority shall pay the premium on the bond and |
|
|
charge the premium as an operating expense. |
|
|
(d) The bond must be payable to the board for the use and |
|
|
benefit of the authority. (Acts 44th Leg., R.S., G.L., Ch. 126, |
|
|
Sec. 5 (part).) |
|
|
Sec. 8506.058. AUTHORITY'S OFFICE AND DOMICILE. (a) The |
|
|
board by majority vote shall determine the location of the |
|
|
authority's general office. |
|
|
(b) The county in which the authority's general office is |
|
|
located is the authority's domicile. |
|
|
(c) The presiding officer is in charge of the authority's |
|
|
general office. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8506.059. CONFLICT OF INTEREST; CRIMINAL PENALTY. (a) |
|
|
A director, officer, agent, or employee of the authority may not be |
|
|
directly or indirectly interested in a contract for the purchase of |
|
|
any property or construction of any work by or for the authority. |
|
|
(b) A person commits an offense if the person violates this |
|
|
section. An offense under this subsection is a felony punishable |
|
|
by: |
|
|
(1) a fine not to exceed $10,000; |
|
|
(2) confinement in the institutional division of the |
|
|
Texas Department of Criminal Justice for not less than one year or |
|
|
more than 10 years; or |
|
|
(3) both the fine and confinement. (Acts 44th Leg., |
|
|
R.S., G.L., Ch. 126, Sec. 7.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8506.101. GENERAL POWERS. (a) The authority has: |
|
|
(1) the powers of government and the authority to |
|
|
exercise the rights, privileges, and functions specified by this |
|
|
chapter; and |
|
|
(2) all powers, rights, privileges, and functions |
|
|
conferred by general law on any district created pursuant to |
|
|
Section 59(a), Article XVI, Texas Constitution, except as expressly |
|
|
limited by this chapter. |
|
|
(b) The authority may perform any act necessary or |
|
|
convenient to the exercise of the powers, rights, privileges, or |
|
|
functions conferred on the authority by this chapter or any other |
|
|
law. (Acts 44th Leg., R.S., G.L., Ch. 126, Secs. 1 (part), 2 |
|
|
(part).) |
|
|
Sec. 8506.102. POWERS RELATED TO WATER OF COLORADO RIVER |
|
|
AND ITS TRIBUTARIES. Inside the boundaries of the authority, the |
|
|
authority may: |
|
|
(1) control, store, and preserve the water of the |
|
|
Colorado River and its tributaries for any useful purpose; and |
|
|
(2) use, distribute, and sell the water described by |
|
|
Subdivision (1) for any useful purpose. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.103. SALE AND DISTRIBUTION OF WATER OUTSIDE |
|
|
BOUNDARIES OF AUTHORITY. The authority may: |
|
|
(1) sell and distribute water outside the boundaries |
|
|
of the authority to any municipality for domestic, municipal, or |
|
|
irrigation purposes or to any person for municipal purposes or |
|
|
irrigation; and |
|
|
(2) construct a flume, irrigation ditch, pipeline, or |
|
|
storage reservoir outside the authority for a purpose described by |
|
|
Subdivision (1). (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 |
|
|
(part).) |
|
|
Sec. 8506.104. DEVELOPMENT, GENERATION, DISTRIBUTION, AND |
|
|
SALE OF WATER POWER AND ELECTRIC ENERGY. (a) The authority may: |
|
|
(1) develop and generate water power and electric |
|
|
energy inside the boundaries of the authority; and |
|
|
(2) distribute and sell water power and electric |
|
|
energy inside or outside the boundaries of the authority. |
|
|
(b) A use authorized by this section is subordinate and |
|
|
inferior to an irrigation requirement. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.105. PREVENTION OF DAMAGE TO PERSONS OR PROPERTY. |
|
|
The authority may prevent or aid in the prevention of damage to |
|
|
persons or property from the water of the Colorado River and its |
|
|
tributaries. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.106. FORESTATION AND REFORESTATION; PREVENTION |
|
|
OF SOIL EROSION AND FLOODS. In the watershed of the Colorado River |
|
|
and its tributaries, the authority may: |
|
|
(1) forest, reforest, or aid in foresting or |
|
|
reforesting; and |
|
|
(2) prevent or aid in the prevention of soil erosion |
|
|
and floods. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.107. AUTHORITY PROPERTY; EMINENT DOMAIN. (a) The |
|
|
authority may acquire, maintain, use, and operate property of any |
|
|
kind or any interest in property, inside or outside the boundaries |
|
|
of the authority, necessary or convenient to the exercise of the |
|
|
powers, rights, privileges, and functions conferred on the |
|
|
authority by this chapter. The authority may acquire the property |
|
|
or interest in property by purchase, lease, gift, exercise of the |
|
|
power of eminent domain, or any other manner. |
|
|
(b) The authority must exercise the power of eminent domain |
|
|
in the manner provided by: |
|
|
(1) Chapter 21, Property Code; or |
|
|
(2) the statutes relating to condemnation by districts |
|
|
organized under general law pursuant to Section 59(a), Article XVI, |
|
|
Texas Constitution. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 |
|
|
(part).) |
|
|
Sec. 8506.108. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION |
|
|
OF AUTHORITY PROPERTY. (a) The authority may not: |
|
|
(1) mortgage or otherwise encumber authority property |
|
|
of any kind, or any interest in authority property; or |
|
|
(2) acquire any property or interest in property |
|
|
subject to a mortgage or conditional sale. |
|
|
(b) Subsection (a) does not prevent pledging authority |
|
|
revenue as authorized by this chapter. |
|
|
(c) This chapter does not authorize the sale, lease, or |
|
|
other disposition of authority property of any kind, or an interest |
|
|
in authority property, by the authority, by a receiver of any |
|
|
authority property, through a court proceeding, or otherwise. |
|
|
(d) Notwithstanding Subsection (c), the authority may sell |
|
|
for cash authority property of any kind, or an interest in authority |
|
|
property, if: |
|
|
(1) the board, by the affirmative vote of six members |
|
|
of the board, determines that the property or interest is not |
|
|
necessary or convenient to the business of the authority and |
|
|
approves the terms of the sale; and |
|
|
(2) the aggregate value of the properties or interests |
|
|
sold in any year does not exceed $50,000. |
|
|
(e) It is the intent of the legislature that, except by sale |
|
|
as expressly authorized by this section, authority property or an |
|
|
interest in authority property never come into the ownership or |
|
|
control, directly or indirectly, of any person other than a public |
|
|
authority created under the laws of this state. |
|
|
(f) Authority property is exempt from forced sale. The sale |
|
|
of authority property under a judgment rendered in a suit is |
|
|
prohibited. (Acts 44th Leg., R.S., G.L., Ch. 126, Secs. 2 (part), |
|
|
14.) |
|
|
Sec. 8506.109. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY; |
|
|
RELOCATION OF ROADS. The authority may overflow and inundate any |
|
|
public land or public property and require the relocation of a road |
|
|
or highway in the manner and to the extent permitted to a district |
|
|
organized under general law pursuant to Section 59(a), Article XVI, |
|
|
Texas Constitution. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 |
|
|
(part).) |
|
|
Sec. 8506.110. CONSTRUCTION, MAINTENANCE, AND OPERATION OF |
|
|
FACILITIES. The authority may construct, extend, improve, |
|
|
maintain, and reconstruct, cause to be constructed, extended, |
|
|
improved, maintained, and reconstructed, and use and operate |
|
|
facilities of any kind necessary or convenient to the exercise of |
|
|
the authority's powers, rights, privileges, and functions. (Acts |
|
|
44th Leg., R.S., G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.111. SEAL. The authority may adopt and use a |
|
|
corporate seal. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 2 |
|
|
(part).) |
|
|
Sec. 8506.112. GENERAL CONTRACT POWERS. The authority may |
|
|
make a contract or execute an instrument necessary or convenient to |
|
|
the exercise of the powers, rights, privileges, and functions |
|
|
conferred on the authority by this chapter. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 2 (part).) |
|
|
Sec. 8506.113. ADDITIONAL POWERS RELATING TO CONTRACTS, |
|
|
RULES, AND REGULATIONS. The authority may enter into and carry out |
|
|
contracts or establish or comply with rules and regulations |
|
|
concerning labor and materials and other related matters in |
|
|
connection with any project the authority considers desirable or as |
|
|
requested by the United States, or any corporation or agency |
|
|
created, designated, or established by the United States, that may |
|
|
assist in the financing of the project. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 12.) |
|
|
Sec. 8506.114. LIMITATIONS ON POWERS OF AUTHORITY. (a) |
|
|
Notwithstanding any right or permit to use the water of the Colorado |
|
|
River and its tributaries for the generation of hydroelectric power |
|
|
that was issued by the former State Board of Water Engineers, was in |
|
|
existence as of May 2, 1935, and is acquired by the authority, the |
|
|
impounding and use of the floodwaters of the Colorado River and its |
|
|
tributaries for the generation of hydroelectric power by the |
|
|
authority or a person who succeeds to the rights and privileges |
|
|
conferred on the authority by this chapter are subject to the rights |
|
|
of any other person who before May 2, 1935, was impounding or as of |
|
|
that date was putting to beneficial use any water for the purposes |
|
|
described by Sections 11.024(1) and (2), Water Code, if the person: |
|
|
(1) before May 2, 1935, received a permit for that use |
|
|
from the former State Board of Water Engineers; or |
|
|
(2) by law was permitted before May 2, 1935, to impound |
|
|
water for those purposes. |
|
|
(b) This chapter may not be construed to subject to |
|
|
condemnation by the authority or any successor of the authority, or |
|
|
by any person who succeeds to the rights and privileges conferred on |
|
|
the authority by this chapter, any water: |
|
|
(1) impounded or to be impounded inside or outside the |
|
|
authority under any law authorizing water to be impounded or under |
|
|
any permit granted to a municipal corporation or body politic; or |
|
|
(2) impounded or permitted to be impounded or used |
|
|
outside the authority under a permit granted to any person. |
|
|
(c) This chapter may not be construed to deprive any person |
|
|
of the right to impound the water of the Colorado River or its |
|
|
tributaries for domestic or municipal purposes or to repeal any law |
|
|
granting such a right to a person. |
|
|
(d) The rights of the authority to impound, use, or sell the |
|
|
water of the Colorado River and its tributaries for the generation |
|
|
of hydroelectric power are subordinate and inferior to the rights |
|
|
of: |
|
|
(1) municipalities situated in the watershed of the |
|
|
Colorado River and its tributaries to build dams and impound |
|
|
floodwaters for municipal purposes; and |
|
|
(2) any residents of this state or bodies politic to |
|
|
build dams and impound the floodwaters in the watershed of the |
|
|
Colorado River and its tributaries for domestic purposes and for |
|
|
the purposes of irrigation. |
|
|
(e) The title to any right, property, license, franchise, or |
|
|
permit acquired by the authority is subject to the limitations |
|
|
imposed by Subsection (d). (Acts 44th Leg., R.S., G.L., Ch. 126, |
|
|
Secs. 2 (part), 2-a.) |
|
|
Sec. 8506.115. PUBLIC USE OF AUTHORITY'S LAND. (a) The |
|
|
authority may not prevent free public use of its land for |
|
|
recreational purposes, hunting, or fishing except: |
|
|
(1) at such points where, in the opinion of the board, |
|
|
the use would interfere with the proper conduct of the business; |
|
|
(2) in connection with the enforcement of sanitary |
|
|
regulations; or |
|
|
(3) to protect the public's health. |
|
|
(b) All public rights-of-way not traversing the areas to be |
|
|
flooded by the impounded waters shall remain open as a way of free |
|
|
public passage to and from the lakes created, and a charge may not |
|
|
be made to the public for the right to engage in hunting, fishing, |
|
|
boating, or swimming thereon. |
|
|
(c) On notice by a resident of this state of a violation of |
|
|
this section, the attorney general shall institute the proper legal |
|
|
proceedings to require the authority or its successor to comply |
|
|
with this section. |
|
|
(d) If the authority sells any of the authority's land |
|
|
bordering a lake created under this chapter, the authority shall |
|
|
retain in each tract a strip 80 feet wide abutting the high-water |
|
|
line of the lake for the purpose of passage and use by the public for |
|
|
public sports and amusements. This subsection does not apply to a |
|
|
sale of land by the authority to a state or federal agency to be used |
|
|
for game or fish sanctuaries, preserves, or for propagation |
|
|
purposes. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 15.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8506.151. DISBURSEMENT OF MONEY. The authority may |
|
|
disburse its money only by a check, draft, order, or other |
|
|
instrument signed by a person authorized to sign the instrument by |
|
|
the bylaws or a resolution in which at least five directors concur. |
|
|
(Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 5 (part).) |
|
|
Sec. 8506.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
|
|
PUBLIC INSPECTION. (a) The authority shall keep complete and |
|
|
accurate accounts conforming to approved methods of bookkeeping. |
|
|
(b) The accounts and all contracts, documents, and records |
|
|
of the authority shall be kept at the principal office of the |
|
|
authority. |
|
|
(c) The contracts shall be open to public inspection at all |
|
|
reasonable times. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 6 |
|
|
(part).) |
|
|
Sec. 8506.153. FILING OF COPIES OF AUDIT REPORT. Copies of |
|
|
the audit report prepared under Subchapter G, Chapter 49, Water |
|
|
Code, shall be certified to by the accountant who performed the |
|
|
audit and filed: |
|
|
(1) as required by Section 49.194, Water Code; and |
|
|
(2) with the comptroller. (Acts 44th Leg., R.S., |
|
|
G.L., Ch. 126, Sec. 6 (part); New.) |
|
|
Sec. 8506.154. RATES AND OTHER CHARGES. (a) The board |
|
|
shall establish and collect rates and other charges for the sale or |
|
|
use of water, water connections, power, electric energy, or other |
|
|
services sold, provided, or supplied by the authority. |
|
|
(b) The rates and charges must be reasonable, |
|
|
nondiscriminatory, and sufficient to provide revenue adequate to: |
|
|
(1) pay all expenses necessary to the operation and |
|
|
maintenance of the properties and facilities of the authority; |
|
|
(2) pay the interest on and the principal of all bonds |
|
|
issued under this chapter or its predecessor statute when and as |
|
|
they become due and payable; |
|
|
(3) pay all sinking fund or reserve fund payments |
|
|
agreed to be made with respect to bonds issued under this chapter or |
|
|
its predecessor statute and payable out of that revenue when and as |
|
|
they become due and payable; and |
|
|
(4) fulfill the terms of any agreements made with the |
|
|
holders of bonds issued under this chapter or its predecessor |
|
|
statute or with any person in their behalf. |
|
|
(c) The rates and charges may not exceed what may be |
|
|
necessary to fulfill the obligations imposed on the authority by |
|
|
this chapter. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 8 (part).) |
|
|
Sec. 8506.155. USE OF EXCESS REVENUE. If the authority |
|
|
receives revenue in excess of that required for the purposes |
|
|
specified by Section 8506.154(b), the board may: |
|
|
(1) use the excess revenue to: |
|
|
(A) establish a reasonable depreciation and |
|
|
emergency fund; or |
|
|
(B) retire bonds issued under this chapter or its |
|
|
predecessor statute by purchase and cancellation or redemption; or |
|
|
(2) apply the excess revenue to any corporate purpose. |
|
|
(Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 8 (part).) |
|
|
Sec. 8506.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT OF |
|
|
STATE NOT AUTHORIZED BY CHAPTER. This chapter does not authorize |
|
|
the authority to: |
|
|
(1) levy or collect a tax or assessment; |
|
|
(2) create any debt payable out of taxes or |
|
|
assessments; or |
|
|
(3) in any way pledge the credit of this state. (Acts |
|
|
44th Leg., R.S., G.L., Ch. 126, Sec. 1 (part).) |
|
|
SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS |
|
|
Sec. 8506.201. LOANS AND GRANTS. The authority may: |
|
|
(1) borrow money for the authority's corporate |
|
|
purposes; |
|
|
(2) borrow money or accept a grant from the United |
|
|
States and, in connection with the loan or grant, enter into any |
|
|
agreement the United States or the corporation or agency may |
|
|
require; and |
|
|
(3) make and issue bonds for money borrowed, in the |
|
|
manner and to the extent provided by Sections 8506.204, 8506.205, |
|
|
8506.206, 8506.207, and 8506.208. (Acts 44th Leg., R.S., G.L., Ch. |
|
|
126, Sec. 2 (part).) |
|
|
Sec. 8506.202. STATE PLEDGE REGARDING RIGHTS AND REMEDIES |
|
|
OF BONDHOLDERS. This chapter does not deprive this state of its |
|
|
power to regulate and control rates or charges to be collected for |
|
|
the use of water, water connections, power, electric energy, or |
|
|
another service. The state pledges to and agrees with the |
|
|
purchasers and successive holders of the bonds issued under this |
|
|
chapter that the state will not limit or alter the power this |
|
|
chapter gives the authority to establish and collect rates and |
|
|
charges that will produce revenue sufficient to pay the items |
|
|
specified by Section 8506.154(b) or in any way impair the rights or |
|
|
remedies of the holders of the bonds, or of any person in their |
|
|
behalf, until the following are fully met and discharged: |
|
|
(1) the bonds; |
|
|
(2) the interest on the bonds; |
|
|
(3) interest on unpaid installments of interest; |
|
|
(4) all costs and expenses in connection with any |
|
|
action or proceedings by or on behalf of the bondholders; and |
|
|
(5) all other obligations of the authority in |
|
|
connection with the bonds. (Acts 44th Leg., R.S., G.L., Ch. 126, |
|
|
Sec. 8 (part).) |
|
|
Sec. 8506.203. OBLIGATION PAYABLE FROM REVENUE. A debt, |
|
|
liability, or obligation of the authority for the payment of money, |
|
|
however entered into or incurred and whether arising from an |
|
|
express or implied contract or otherwise, is payable solely: |
|
|
(1) out of the revenue received by the authority with |
|
|
respect to its properties, subject to any prior lien on the revenue |
|
|
conferred by any resolution previously adopted as provided by this |
|
|
chapter authorizing the issuance of bonds; or |
|
|
(2) if the board so determines, out of the proceeds of |
|
|
sale by the authority of bonds payable solely from revenue |
|
|
described by Subdivision (1). (Acts 44th Leg., R.S., G.L., Ch. 126, |
|
|
Sec. 9.) |
|
|
Sec. 8506.204. POWER TO ISSUE REVENUE BONDS. (a) The |
|
|
authority may issue revenue bonds for any corporate purpose in any |
|
|
amount authorized by the directors but not to exceed an aggregate |
|
|
principal amount of $6 million. |
|
|
(b) The bonds may be secured only by a pledge of the amounts |
|
|
granted or donated by this state or out of any other current revenue |
|
|
of the district, which amounts shall be paid to the legal holders of |
|
|
the bonds. |
|
|
(c) The bonds must be authorized by a board resolution. |
|
|
(Acts 44th Leg., R.S., G.L., Ch. 126, Secs. 2 (part), 10 (part).) |
|
|
Sec. 8506.205. TERMS OF ISSUANCE. Authority bonds may be: |
|
|
(1) sold for cash; |
|
|
(2) issued on terms the board determines in exchange |
|
|
for property of any kind, or any interest in property, that the |
|
|
board considers necessary or convenient for the corporate purpose |
|
|
for which the bonds are issued; or |
|
|
(3) issued in exchange for like principal amounts of |
|
|
other obligations of the authority, whether matured or unmatured. |
|
|
(Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 10 (part).) |
|
|
Sec. 8506.206. DEPOSIT OF PROCEEDS. The proceeds of sale of |
|
|
authority bonds shall be deposited in one or more banks or trust |
|
|
companies, and shall be paid out according to the terms, on which |
|
|
the authority and the purchasers of the bonds agree. (Acts 44th |
|
|
Leg., R.S., G.L., Ch. 126, Sec. 10 (part).) |
|
|
Sec. 8506.207. RESOLUTION PROVISIONS. (a) A resolution |
|
|
authorizing bonds may contain provisions approved by the board that |
|
|
are not inconsistent with this chapter, including provisions: |
|
|
(1) reserving the right to redeem the bonds at the time |
|
|
or times, in the amounts, and at the prices, not exceeding 105 |
|
|
percent of the principal amount of the bonds, plus accrued |
|
|
interest, as may be provided; |
|
|
(2) providing for the setting aside of sinking funds |
|
|
or reserve funds and the regulation and disposition of those funds; |
|
|
(3) pledging, to secure the payment of the principal |
|
|
of and interest on the bonds and of the sinking fund or reserve fund |
|
|
payments agreed to be made with respect to the bonds: |
|
|
(A) all or any part of the gross or net revenue |
|
|
subsequently received by the authority with respect to the property |
|
|
to be acquired or constructed with the bonds or the proceeds of the |
|
|
bonds; or |
|
|
(B) all or any part of the gross or net revenue |
|
|
subsequently received by the authority from any source; |
|
|
(4) prescribing the purposes to which the bonds or any |
|
|
bonds subsequently to be issued, or the proceeds of the bonds, may |
|
|
be applied; |
|
|
(5) agreeing to set and collect rates and charges |
|
|
sufficient to produce revenue adequate to pay the items specified |
|
|
by Section 8506.154(b) and prescribing the use and disposition of |
|
|
all revenue; |
|
|
(6) prescribing limitations on the issuance of |
|
|
additional bonds and on the agreements that may be made with the |
|
|
purchasers and successive holders of those bonds; |
|
|
(7) regarding the construction, extension, |
|
|
improvement, reconstruction, operation, maintenance, and repair of |
|
|
the properties of the authority and the carrying of insurance on all |
|
|
or any part of those properties covering loss or damage or loss of |
|
|
use and occupancy resulting from specified risks; |
|
|
(8) setting the procedure, if any, by which, if the |
|
|
authority so desires, the terms of a contract with the bondholders |
|
|
may be amended or abrogated, the amount of bonds the holders of |
|
|
which must consent to that amendment or abrogation, and the manner |
|
|
in which the consent may be given; and |
|
|
(9) providing for the execution and delivery by the |
|
|
authority to a bank or trust company authorized by law to accept |
|
|
trusts, or to the United States or any officer of the United States, |
|
|
of indentures and agreements for the benefit of the bondholders |
|
|
setting forth any or all of the agreements authorized by this |
|
|
chapter to be made with or for the benefit of the bondholders and |
|
|
any other provisions that are customary in such indentures or |
|
|
agreements. |
|
|
(b) A provision authorized by this section that is contained |
|
|
in a bond resolution is part of the contract between the authority |
|
|
and the bondholders. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 10 |
|
|
(part).) |
|
|
Sec. 8506.208. DEFAULT PROCEDURES. (a) This section |
|
|
applies only to a default in: |
|
|
(1) the payment of the interest on bonds as the |
|
|
interest becomes due and payable; |
|
|
(2) the payment of the principal of bonds as they |
|
|
become due and payable, whether at maturity, by call for |
|
|
redemption, or otherwise; or |
|
|
(3) the performance of an agreement made with the |
|
|
purchasers or successive holders of bonds. |
|
|
(b) A resolution authorizing bonds and any indenture or |
|
|
agreement entered into under the resolution may provide that in the |
|
|
event of a default described by Subsection (a) that continues for a |
|
|
period, if any, prescribed by the resolution, the trustee under the |
|
|
indenture entered into with respect to the bonds authorized by the |
|
|
resolution, or, if there is no indenture, a trustee appointed in the |
|
|
manner provided in the resolution by the holders of 25 percent in |
|
|
aggregate principal amount of the bonds authorized by the |
|
|
resolution and then outstanding may, and on the written request of |
|
|
the holders of 25 percent in aggregate principal amount of the bonds |
|
|
authorized by the resolution then outstanding, shall, in the |
|
|
trustee's own name, but for the equal and proportionate benefit of |
|
|
the holders of all of the bonds, and with or without having |
|
|
possession of the bonds: |
|
|
(1) by mandamus or other suit, action, or proceeding |
|
|
at law or in equity, enforce all rights of the bondholders; |
|
|
(2) bring suit on the bonds or the appurtenant |
|
|
coupons; |
|
|
(3) by action or suit in equity, require the authority |
|
|
to account as if it were the trustee of an express trust for the |
|
|
bondholders; |
|
|
(4) by action or suit in equity, enjoin any acts or |
|
|
things that may be unlawful or in violation of the rights of the |
|
|
bondholders; or |
|
|
(5) after such notice to the authority as the |
|
|
resolution may provide, declare the principal of all of the bonds |
|
|
due and payable, and if all defaults have been made good, then with |
|
|
the written consent of the holders of 25 percent in aggregate |
|
|
principal amount of the bonds then outstanding, annul the |
|
|
declaration and its consequences. |
|
|
(c) Notwithstanding Subsection (b), the holders of more |
|
|
than a majority in principal amount of the bonds authorized by the |
|
|
resolution and then outstanding, by written instrument delivered to |
|
|
the trustee, are entitled to direct and control any and all action |
|
|
taken or to be taken by the trustee under this section. |
|
|
(d) A resolution, indenture, or agreement relating to bonds |
|
|
may provide that in a suit, action, or proceeding under this |
|
|
section, the trustee, whether or not all of the bonds have been |
|
|
declared due and payable and with or without possession of any of |
|
|
the bonds, is entitled to the appointment of a receiver who may: |
|
|
(1) enter and take possession of all or any part of the |
|
|
properties of the authority; |
|
|
(2) operate and maintain the properties; |
|
|
(3) set, collect, and receive rates and charges |
|
|
sufficient to provide revenue adequate to pay the items specified |
|
|
by Section 8506.154(b) and the costs and disbursements of the suit, |
|
|
action, or proceeding; and |
|
|
(4) apply the revenue in conformity with this chapter |
|
|
and the resolution authorizing the bonds. |
|
|
(e) In a suit, action, or proceeding by a trustee under this |
|
|
section, the reasonable fees, attorney's fees, and expenses of the |
|
|
trustee and of the receiver, if any, constitute taxable |
|
|
disbursements, and all costs and disbursements allowed by the court |
|
|
are a first charge on any revenue pledged to secure the payment of |
|
|
the bonds. |
|
|
(f) The courts of the county in which the authority is |
|
|
domiciled have jurisdiction of a suit, action, or proceeding by a |
|
|
trustee on behalf of the bondholders and of all property involved in |
|
|
the suit, action, or proceeding. |
|
|
(g) In addition to the powers specifically provided by this |
|
|
section, a trustee has all powers necessary or appropriate for the |
|
|
exercise of the powers specifically provided or incident to the |
|
|
general representation of the bondholders in the enforcement of |
|
|
their rights. (Acts 44th Leg., R.S., G.L., Ch. 126, Sec. 10 |
|
|
(part).) |
|
|
Sec. 8506.209. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED |
|
|
BY AUTHORITY. (a) Using any money available for the purpose, the |
|
|
authority may purchase bonds issued by it at a price not exceeding |
|
|
the redemption price applicable at the time of purchase, or, if the |
|
|
bonds are not redeemable, at a price not exceeding the principal |
|
|
amount of the bonds plus accrued interest. |
|
|
(b) All bonds purchased under this section shall be |
|
|
canceled, and bonds may not be issued in lieu of those bonds. (Acts |
|
|
44th Leg., R.S., G.L., Ch. 126, Sec. 13.) |
|
|
Sec. 8506.210. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this chapter and the interest on the bond is exempt from |
|
|
taxation, except inheritance taxes, by this state or by any |
|
|
political subdivision of this state. (Acts 44th Leg., R.S., G.L., |
|
|
Ch. 126, Sec. 16.) |
|
|
SECTION 1.06. Subtitle I, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapters 9020, 9023, 9028, 9045, |
|
|
9049, 9050, 9051, 9052, 9053, 9055, 9056, 9057, 9059, 9060, 9061, |
|
|
9062, and 9063 to read as follows: |
|
|
CHAPTER 9020. DONAHOE CREEK WATERSHED AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9020.001. DEFINITIONS |
|
|
Sec. 9020.002. NATURE OF AUTHORITY |
|
|
Sec. 9020.003. FINDINGS OF BENEFIT AND PURPOSE |
|
|
Sec. 9020.004. AUTHORITY TERRITORY |
|
|
Sec. 9020.005. APPLICABILITY OF OTHER WATER CONTROL |
|
|
AND IMPROVEMENT DISTRICT LAW |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9020.051. COMPOSITION OF BOARD |
|
|
Sec. 9020.052. QUALIFICATIONS FOR OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9020.101. GENERAL POWERS |
|
|
Sec. 9020.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9020.103. CONTROL OF WATER AND FLOODWATER; |
|
|
RECLAMATION |
|
|
Sec. 9020.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
SUBCHAPTER D. TAXES |
|
|
Sec. 9020.151. IMPOSITION OF MAINTENANCE TAX; ELECTION |
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PROCEDURE |
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Sec. 9020.152. MAINTENANCE TAX RATE |
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Sec. 9020.153. HEARING ON CHANGE IN METHOD OF |
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TAXATION; LIMITATION |
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SUBCHAPTER E. BONDS |
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Sec. 9020.201. ISSUANCE OF BONDS |
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Sec. 9020.202. PLEDGE OF REVENUE TO PAY BONDS |
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CHAPTER 9020. DONAHOE CREEK WATERSHED AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9020.001. DEFINITIONS. In this chapter: |
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(1) "Authority" means the Donahoe Creek Watershed |
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Authority. |
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(2) "Board" means the board of directors of the |
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authority. |
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(3) "Director" means a member of the board. (Acts 55th |
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Leg., 1st C.S., Ch. 29, Sec. 1 (part); New.) |
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Sec. 9020.002. NATURE OF AUTHORITY. The authority is a |
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conservation and reclamation district in portions of Bell, Milam, |
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and Williamson Counties. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 1 |
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(part).) |
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Sec. 9020.003. FINDINGS OF BENEFIT AND PURPOSE. (a) All |
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territory included in the authority will benefit from the works and |
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projects accomplished by the authority under the powers conferred |
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by Section 59, Article XVI, Texas Constitution. |
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(b) The creation of the authority is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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55th Leg., 1st C.S., Ch. 29, Secs. 1 (part), 2 (part).) |
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Sec. 9020.004. AUTHORITY TERRITORY. The authority is |
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composed of the territory described by Section 2, Chapter 29, Acts |
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of the 55th Legislature, 1st Called Session, 1957, as that |
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territory may have been modified under: |
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(1) Subchapter O, Chapter 51, Water Code; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. |
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1 (part); New.) |
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Sec. 9020.005. APPLICABILITY OF OTHER WATER CONTROL AND |
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IMPROVEMENT DISTRICT LAW. Except as provided by this chapter, |
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general laws pertaining to water control and improvement districts |
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govern the authority. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 13.) |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9020.051. COMPOSITION OF BOARD. The board consists of |
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six elected directors. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 14 |
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(part).) |
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Sec. 9020.052. QUALIFICATIONS FOR OFFICE. (a) Each |
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director of the authority must: |
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(1) be a landowner within the authority; and |
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(2) reside in Bell, Milam, or Williamson County. |
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(b) A director who fails to meet the requirements of |
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Subsection (a) during the director's tenure in office shall vacate |
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that office. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 14 (part).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9020.101. GENERAL POWERS. The authority may exercise |
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the rights, privileges, and functions provided by this chapter. |
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(Acts 55th Leg., 1st C.S., Ch. 29, Sec. 1 (part).) |
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Sec. 9020.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS. In exercising the power for which the authority is created, |
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the authority has the powers conferred by general law on water |
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control and improvement districts, including the power to: |
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(1) construct, acquire, improve, maintain, and repair |
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a dam or other structure; and |
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(2) acquire land, easements, equipment, or other |
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property needed to use, control, and distribute water that may be |
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impounded, diverted, or controlled by the authority. (Acts 55th |
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Leg., 1st C.S., Ch. 29, Sec. 5.) |
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Sec. 9020.103. CONTROL OF WATER AND FLOODWATER; |
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RECLAMATION. The authority may: |
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(1) control, store, preserve, and distribute the water |
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and floodwater in the authority for the irrigation of arid land, |
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conservation, preservation, reclamation, and drainage of the lands |
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in the authority; |
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(2) carry out flood prevention measures to prevent |
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damage to the land and other property in the authority; and |
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(3) reclaim lands heretofore damaged because of the |
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prior failure to provide the facilities authorized to be |
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constructed under this chapter. (Acts 55th Leg., 1st C.S., Ch. 29, |
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Sec. 4.) |
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Sec. 9020.104. COST OF RELOCATING OR ALTERING PROPERTY. If |
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the authority's exercise of the power of eminent domain, the power |
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of relocation, or any other power granted under this chapter makes |
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necessary relocating, raising, rerouting, changing the grade of, or |
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|
altering the construction of a highway, railroad, electric |
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transmission line, telephone or telegraph property or facility, or |
|
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pipeline, the necessary action shall be accomplished at the sole |
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|
expense of the authority. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. |
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11a.) |
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SUBCHAPTER D. TAXES |
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Sec. 9020.151. IMPOSITION OF MAINTENANCE TAX; ELECTION |
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|
PROCEDURE. (a) The authority may impose a maintenance tax for the |
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purpose of maintaining structures, channeling, or other |
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improvements constructed by the authority or others in cooperation |
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with the authority. |
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(b) A maintenance tax election shall be called and notice |
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given in the same manner as for a bond election. |
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(c) This chapter does not prevent the calling of a |
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subsequent maintenance tax election to establish or increase the |
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amount of tax if the board determines that a maintenance tax |
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election is required. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 8 |
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(part).) |
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Sec. 9020.152. MAINTENANCE TAX RATE. In calling a |
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maintenance tax election, the board must specify the maximum |
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proposed tax rate. To impose a maintenance tax at a rate that |
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exceeds the maximum proposed rate approved by the voters, the board |
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must submit the question of a tax rate increase to the voters. |
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(Acts 55th Leg., 1st C.S., Ch. 29, Sec. 8 (part).) |
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Sec. 9020.153. HEARING ON CHANGE IN METHOD OF TAXATION; |
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LIMITATION. (a) Except as provided by Subsection (b), the |
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|
authority may call a hearing, in the same manner as for the adoption |
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of the original plan of taxation, to consider changing the method of |
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taxation. |
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(b) After authority bonds are approved by the attorney |
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general or district court, the authority may not change its plan of |
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taxation. (Acts 55th Leg., 1st C.S., Ch. 29, Sec. 10.) |
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SUBCHAPTER E. BONDS |
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Sec. 9020.201. ISSUANCE OF BONDS. To accomplish an |
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authority purpose, the authority may issue bonds as provided by |
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general law for water control and improvement districts to acquire |
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money necessary to furnish land or easements or permanent |
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|
improvements on the land or easements. (Acts 55th Leg., 1st C.S., |
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Ch. 29, Secs. 8 (part), 11 (part), 12 (part).) |
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|
Sec. 9020.202. PLEDGE OF REVENUE TO PAY BONDS. When the |
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board selects a plan of taxation, the board may pledge authority |
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revenue to pay bonds authorized by voters. (Acts 55th Leg., 1st |
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C.S., Ch. 29, Sec. 9.) |
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CHAPTER 9023. DUVAL COUNTY CONSERVATION AND RECLAMATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9023.001. DEFINITIONS |
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Sec. 9023.002. NATURE OF DISTRICT |
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|
Sec. 9023.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
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|
Sec. 9023.004. DISTRICT TERRITORY |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9023.051. COMPOSITION OF BOARD |
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Sec. 9023.052. ELECTION OF DIRECTORS |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9023.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS |
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Sec. 9023.102. GENERAL CONTRACT POWERS |
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Sec. 9023.103. ACQUISITION OF PROPERTY |
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|
Sec. 9023.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9023.105. WATER PERMIT ACQUIRED FROM MUNICIPALITY |
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|
SUBCHAPTER D. BONDS |
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Sec. 9023.151. AUTHORITY TO ISSUE BONDS |
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Sec. 9023.152. CERTAIN BOND COVENANTS AUTHORIZED |
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|
Sec. 9023.153. MATURITY |
|
|
Sec. 9023.154. USE OF BOND PROCEEDS |
|
|
Sec. 9023.155. BONDS SECURED BY REVENUE; ADDITIONAL |
|
|
BONDS |
|
|
Sec. 9023.156. BONDS SECURED BY AD VALOREM TAXES |
|
|
Sec. 9023.157. REFUNDING BONDS |
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|
SUBCHAPTER E. DISANNEXATION OF MUNICIPAL TERRITORY |
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|
Sec. 9023.201. DEFINITION |
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|
Sec. 9023.202. DISANNEXATION OF MUNICIPAL TERRITORY |
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|
Sec. 9023.203. PETITION |
|
|
Sec. 9023.204. ELECTION ORDER |
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|
Sec. 9023.205. BALLOT |
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|
Sec. 9023.206. ELECTION |
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|
Sec. 9023.207. BOARD VOTE |
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|
Sec. 9023.208. APPOINTMENT OF MASTER |
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|
Sec. 9023.209. DISTRIBUTION OF PROPERTY, RECEIVABLES, |
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AND OTHER ASSETS |
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Sec. 9023.210. PROVISION OF SERVICES OUTSIDE |
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DISANNEXED MUNICIPAL TERRITORY |
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CHAPTER 9023. DUVAL COUNTY CONSERVATION AND RECLAMATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9023.001. 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 member of the board. |
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|
(3) "District" means the Duval County Conservation and |
|
|
Reclamation District. (Acts 51st Leg., R.S., Ch. 398, Sec. 1 |
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|
(part); New.) |
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Sec. 9023.002. NATURE OF DISTRICT. The district is: |
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|
(1) a conservation and reclamation district under |
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|
Section 59, Article XVI, Texas Constitution; and |
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|
(2) a municipal corporation. (Acts 51st Leg., R.S., |
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Ch. 398, Secs. 1 (part), 13 (part).) |
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Sec. 9023.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land included in the boundaries of the district will |
|
|
benefit from that inclusion. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 51st Leg., |
|
|
R.S., Ch. 398, Secs. 4 (part), 13 (part).) |
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|
Sec. 9023.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 398, Acts |
|
|
of the 51st Legislature, Regular Session, 1949, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Subchapter E or the relevant parts of its |
|
|
predecessor statute, former Section 4A, Chapter 398, Acts of the |
|
|
51st Legislature, Regular Session, 1949; or |
|
|
(4) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
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|
Sec. 9023.051. COMPOSITION OF BOARD. The board is composed |
|
|
of four elected directors. (Acts 51st Leg., R.S., Ch. 398, Secs. |
|
|
3(a) (part), (b) (part), (g).) |
|
|
Sec. 9023.052. ELECTION OF DIRECTORS. (a) Directors are |
|
|
elected to positions according to the place system as provided by |
|
|
this section. |
|
|
(b) Except as provided by Subsection (c): |
|
|
(1) a director elected to place 1 or 2 must be a |
|
|
resident of Benavides and be elected by the voters of the district |
|
|
who reside in Benavides and its extraterritorial jurisdiction; and |
|
|
(2) a director elected to place 3 or 4 must be a |
|
|
resident of, and be elected by the voters of the district who reside |
|
|
in, the part of Duval County that is not within: |
|
|
(A) the corporate limits or extraterritorial |
|
|
jurisdiction of San Diego or Benavides; or |
|
|
(B) the Freer Water Control and Improvement |
|
|
District. |
|
|
(c) If Benavides and the area within its extraterritorial |
|
|
jurisdiction disannex under Subchapter E: |
|
|
(1) a director who represents Benavides and the area |
|
|
within its extraterritorial jurisdiction ceases to be a director on |
|
|
the date disannexation takes effect; |
|
|
(2) the remaining directors as soon as possible shall |
|
|
order a special election to elect the appropriate number of |
|
|
directors to fill the unexpired terms if the disannexation results |
|
|
in vacancies on the board; and |
|
|
(3) a director for each place on the board must be a |
|
|
resident of the part of Duval County that is not within: |
|
|
(A) the corporate limits or extraterritorial |
|
|
jurisdiction of San Diego or Benavides; or |
|
|
(B) the Freer Water Control and Improvement |
|
|
District. (Acts 51st Leg., R.S., Ch. 398, Secs. 3(b) (part), (e), |
|
|
(f).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9023.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 51st |
|
|
Leg., R.S., Ch. 398, Sec. 2 (part); New.) |
|
|
Sec. 9023.102. GENERAL CONTRACT POWERS. The board may |
|
|
enter into a contract with any individual or any public or private |
|
|
corporation, inside or outside the district, that the board |
|
|
considers advisable and expedient to accomplish the district's |
|
|
purposes. (Acts 51st Leg., R.S., Ch. 398, Sec. 11 (part).) |
|
|
Sec. 9023.103. ACQUISITION OF PROPERTY. The district may |
|
|
acquire property not already devoted to public use in the district |
|
|
that the board considers necessary to accomplish the district's |
|
|
objectives. (Acts 51st Leg., R.S., Ch. 398, Sec. 9 (part).) |
|
|
Sec. 9023.104. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter, makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, pipeline, or telegraph or telephone property or |
|
|
facility, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 51st Leg., R.S., Ch. 398, Sec. 9 |
|
|
(part).) |
|
|
Sec. 9023.105. WATER PERMIT ACQUIRED FROM MUNICIPALITY. A |
|
|
water permit acquired by the district from a municipality in the |
|
|
district must be acquired subject to a provision that, in case of a |
|
|
shortage of water supply, the municipality has a right to receive |
|
|
water from the district that is superior to the right of anyone else |
|
|
to use water. (Acts 51st Leg., R.S., Ch. 398, Sec. 12 (part).) |
|
|
SUBCHAPTER D. BONDS |
|
|
Sec. 9023.151. AUTHORITY TO ISSUE BONDS. The district may |
|
|
issue bonds pursuant to a board resolution for any purpose |
|
|
permitted to water control and improvement districts, including the |
|
|
acquisition by construction or otherwise of plants and improvements |
|
|
for storing, treating, purifying, protecting, transporting, |
|
|
transmitting, delivering, and disposing of, through sale or |
|
|
otherwise, flood, storm, flow, or underground water for lawful |
|
|
uses. (Acts 51st Leg., R.S., Ch. 398, Sec. 5 (part).) |
|
|
Sec. 9023.152. CERTAIN BOND COVENANTS AUTHORIZED. A |
|
|
resolution authorizing the issuance of district bonds may contain |
|
|
any covenant the board considers necessary to ensure: |
|
|
(1) the creation and maintenance of proper reserves; |
|
|
and |
|
|
(2) the payment of the principal of and interest on the |
|
|
bonds. (Acts 51st Leg., R.S., Ch. 398, Sec. 5 (part).) |
|
|
Sec. 9023.153. MATURITY. District bonds, including |
|
|
refunding bonds, must mature not later than 40 years after the date |
|
|
of their issuance. (Acts 51st Leg., R.S., Ch. 398, Sec. 5 (part).) |
|
|
Sec. 9023.154. USE OF BOND PROCEEDS. The district may |
|
|
appropriate and pay from the proceeds of the sale of bonds the |
|
|
interest to accrue on the bonds for a period not to exceed three |
|
|
years from their date. (Acts 51st Leg., R.S., Ch. 398, Sec. 5 |
|
|
(part).) |
|
|
Sec. 9023.155. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
|
(a) In this section, "net revenues" means all income or increment |
|
|
from the ownership and operation of improvements and facilities |
|
|
operated by the district, minus the amount reasonably required to |
|
|
provide for the administration, efficient operation, and adequate |
|
|
maintenance of the improvements and facilities. The term does not |
|
|
include money derived from taxation. |
|
|
(b) District bonds may be secured by: |
|
|
(1) a pledge of the district's net revenues; or |
|
|
(2) a pledge of the district's net revenues and the |
|
|
imposition of a continuing ad valorem tax described by Section |
|
|
9023.156. |
|
|
(c) The district may issue bonds secured as provided by |
|
|
Subsection (b)(1) without submitting the question of the issuance |
|
|
to an election. |
|
|
(d) The district may not issue bonds secured as provided by |
|
|
Subsection (b)(2) unless the bonds are authorized by a majority of |
|
|
the votes cast in an election in the district. |
|
|
(e) Within the board's discretion, the bonds may also be |
|
|
secured by a lien on the physical properties of the district. |
|
|
(f) The district may execute contracts, evidences of |
|
|
pledge, deeds of trust, trust indentures, and other instruments |
|
|
that fix a lien on net revenues and the physical properties of the |
|
|
district that the board, in its discretion, determines are |
|
|
necessary or convenient to evidence and secure the obligation of |
|
|
the district to pay the principal of and interest on the bonds. |
|
|
(g) The resolution authorizing the issuance of bonds |
|
|
secured by a pledge of net revenues may: |
|
|
(1) contain the conditions under which additional |
|
|
bonds secured by a pledge of net revenues may be subsequently |
|
|
issued; |
|
|
(2) prescribe the conditions under which the district |
|
|
has the right to release the lien on net revenues and on the |
|
|
district's physical properties, if encumbered, by depositing at the |
|
|
bank or place of payment money sufficient to pay: |
|
|
(A) the principal of and interest on the bonds to |
|
|
the date on which the bonds may become optional and any premium |
|
|
payment stipulated in the resolution; or |
|
|
(B) the principal of and interest on the bonds to |
|
|
maturity if an option of prior payment is not reserved; or |
|
|
(3) prescribe the conditions under which the |
|
|
continuing ad valorem tax described by Section 9023.156, if any, to |
|
|
be collected in any year during which any of the bonds are |
|
|
outstanding may be reduced or omitted when net revenues are |
|
|
sufficient to provide the money necessary for principal, interest, |
|
|
and reserve requirements prescribed by this subchapter. |
|
|
(h) Additional bonds described by Subsection (g)(1) must be |
|
|
secured by a lien and pledge of net revenues that is inferior to the |
|
|
lien and pledge securing the bonds originally issued unless the |
|
|
additional bonds are issued in full compliance with the |
|
|
restrictions applicable to additional bonds on a parity with the |
|
|
bonds originally issued. (Acts 51st Leg., R.S., Ch. 398, Secs. 7, |
|
|
8.) |
|
|
Sec. 9023.156. BONDS SECURED BY AD VALOREM TAXES. (a) This |
|
|
section does not apply to district bonds secured only by a pledge of |
|
|
net revenues as defined by Section 9023.155(a). |
|
|
(b) If bonds have been voted, the board shall impose a |
|
|
continuing ad valorem tax on all property in the district |
|
|
sufficient: |
|
|
(1) to pay the principal of and interest on the bonds |
|
|
as the principal and interest respectively mature; |
|
|
(2) to create and maintain any reserve required by the |
|
|
resolution or resolutions authorizing the issuance of the bonds; |
|
|
(3) to pay the expense of assessing and collecting the |
|
|
tax; and |
|
|
(4) for anticipated delinquencies in the tax payments. |
|
|
(c) The board annually shall determine and set or cause to |
|
|
be determined and set the rate of the ad valorem tax to be imposed |
|
|
under this section. (Acts 51st Leg., R.S., Ch. 398, Sec. 6.) |
|
|
Sec. 9023.157. REFUNDING BONDS. (a) The district may issue |
|
|
refunding bonds without an election. |
|
|
(b) District bonds may be refunded by: |
|
|
(1) the issuance and delivery to holders of refunding |
|
|
bonds in lieu of the outstanding bonds; or |
|
|
(2) the sale of refunding bonds and the use of the |
|
|
proceeds for retiring the outstanding bonds. (Acts 51st Leg., |
|
|
R.S., Ch. 398, Sec. 5 (part).) |
|
|
SUBCHAPTER E. DISANNEXATION OF MUNICIPAL TERRITORY |
|
|
Sec. 9023.201. DEFINITION. In this subchapter, "municipal |
|
|
territory" means the territory located in the corporate boundaries |
|
|
and the extraterritorial jurisdiction of a municipality located in |
|
|
the district. (Acts 51st Leg., R.S., Ch. 398, Secs. 4A(a) (part), |
|
|
(b) (part).) |
|
|
Sec. 9023.202. DISANNEXATION OF MUNICIPAL TERRITORY. |
|
|
Municipal territory may be disannexed from the district under this |
|
|
subchapter on petition for an election on disannexation and a vote |
|
|
in favor of the disannexation by the majority of voters voting at an |
|
|
election ordered for that purpose. (Acts 51st Leg., R.S., Ch. 398, |
|
|
Sec. 4A(a) (part).) |
|
|
Sec. 9023.203. PETITION. (a) A petition for an election to |
|
|
disannex municipal territory under this subchapter must: |
|
|
(1) be signed by at least the lesser of 250 registered |
|
|
voters of the district who are residents of the municipal territory |
|
|
or a number of registered voters equal to five percent of the total |
|
|
votes cast in the municipal territory in the most recent district |
|
|
election; |
|
|
(2) state that the purpose of the petition is to order |
|
|
an election to determine whether the municipal territory should be |
|
|
disannexed; and |
|
|
(3) include each petitioner's: |
|
|
(A) signature; |
|
|
(B) printed name; |
|
|
(C) address; |
|
|
(D) voting precinct; |
|
|
(E) voter certificate number; and |
|
|
(F) date of signing. |
|
|
(b) The petition must be filed with the district manager. |
|
|
(c) Not later than the 30th day after the date the petition |
|
|
is filed, the district manager shall: |
|
|
(1) verify the validity of the petition; and |
|
|
(2) determine whether the petition contains the number |
|
|
of signatures required to order an election. (Acts 51st Leg., R.S., |
|
|
Ch. 398, Secs. 4A(a) (part), (b) (part).) |
|
|
Sec. 9023.204. ELECTION ORDER. (a) The board shall order |
|
|
an election for the purpose of disannexation of municipal territory |
|
|
under this subchapter if the district manager certifies the number |
|
|
of signatures required for ordering the election. |
|
|
(b) The board shall order the election not later than the |
|
|
90th day after the date the district manager certifies the |
|
|
sufficiency of the petition. (Acts 51st Leg., R.S., Ch. 398, Sec. |
|
|
4A(b) (part).) |
|
|
Sec. 9023.205. BALLOT. The ballot for an election under |
|
|
this subchapter must permit voting for one of the following three |
|
|
propositions: |
|
|
(1) "The City of (name of municipality) and the area |
|
|
within the city's extraterritorial jurisdiction shall not be |
|
|
disannexed from the Duval County Conservation and Reclamation |
|
|
District"; |
|
|
(2) "The City of (name of municipality) and the area |
|
|
within the city's extraterritorial jurisdiction shall be |
|
|
disannexed from the Duval County Conservation and Reclamation |
|
|
District, and on disannexation the city council of (name of |
|
|
municipality) shall establish or acquire systems to provide the |
|
|
water and sewer services formerly provided by the Duval County |
|
|
Conservation and Reclamation District in the disannexed area"; or |
|
|
(3) "The City of (name of municipality) and the area |
|
|
within the city's extraterritorial jurisdiction shall be |
|
|
disannexed from the Duval County Conservation and Reclamation |
|
|
District, and on disannexation the city council of (name of |
|
|
municipality) shall initiate a petition for, and shall consent to, |
|
|
as provided by Sections 54.014 and 54.016, Water Code, the creation |
|
|
of a municipal utility district to provide the water and sewer |
|
|
services formerly provided by the Duval County Conservation and |
|
|
Reclamation District in the disannexed area." (Acts 51st Leg., |
|
|
R.S., Ch. 398, Sec. 4A(c).) |
|
|
Sec. 9023.206. ELECTION. (a) Only voters who reside in the |
|
|
municipal territory to be disannexed under this subchapter may vote |
|
|
in the disannexation election. |
|
|
(b) The municipal territory is not disannexed from the |
|
|
district if a majority of the total votes cast in the election is in |
|
|
favor of the proposition stated in Section 9023.205(1). |
|
|
(c) If the total vote in favor of the propositions stated in |
|
|
Sections 9023.205(2) and (3) is a majority of the votes cast in the |
|
|
election, the majority of the votes cast in the election is for |
|
|
disannexation from the district. As between the two propositions, |
|
|
the proposition that receives the greater number of votes prevails. |
|
|
(d) If disannexation fails, an election under this |
|
|
subchapter to disannex the same municipal territory may not be held |
|
|
for one year. (Acts 51st Leg., R.S., Ch. 398, Secs. 4A(b) (part), |
|
|
(d).) |
|
|
Sec. 9023.207. BOARD VOTE. (a) The directors shall vote to |
|
|
disannex municipal territory if the majority of the votes cast in an |
|
|
election under this subchapter is for disannexation. |
|
|
(b) The directors shall vote to disannex the municipal |
|
|
territory at the same board meeting at which the directors canvass |
|
|
the election results. (Acts 51st Leg., R.S., Ch. 398, Sec. 4A(e) |
|
|
(part).) |
|
|
Sec. 9023.208. APPOINTMENT OF MASTER. Not later than the |
|
|
30th day after the election results are canvassed and the board |
|
|
votes to disannex municipal territory under Section 9023.207, the |
|
|
executive director of the Texas Commission on Environmental Quality |
|
|
shall appoint an independent master to oversee the distribution of |
|
|
assets consistent with disannexation. (Acts 51st Leg., R.S., Ch. |
|
|
398, Sec. 4A(e) (part).) |
|
|
Sec. 9023.209. DISTRIBUTION OF PROPERTY, RECEIVABLES, AND |
|
|
OTHER ASSETS. (a) All infrastructure and real property, including |
|
|
water and sewer lines, storage tanks, treatment plants, towers, |
|
|
buildings, land, and other facilities located within municipal |
|
|
territory disannexed under this subchapter that are related to the |
|
|
provision of water and sewer services by the district in the |
|
|
disannexed territory, shall revert to the disannexed municipality. |
|
|
(b) All receivables from connections in municipal territory |
|
|
disannexed under this subchapter transfer to the disannexed |
|
|
municipality. |
|
|
(c) Other assets, including vehicles, computers, office |
|
|
furniture and equipment, and cash, shall be divided between the |
|
|
district and the disannexed municipality by the master in |
|
|
proportion to the population of the district or the disannexed |
|
|
municipal territory. (Acts 51st Leg., R.S., Ch. 398, Sec. 4A(e) |
|
|
(part).) |
|
|
Sec. 9023.210. PROVISION OF SERVICES OUTSIDE DISANNEXED |
|
|
MUNICIPAL TERRITORY. (a) This section applies only to a municipal |
|
|
water or sewer system established or acquired as a result of voter |
|
|
approval of the proposition stated in Section 9023.205(2). |
|
|
(b) A municipal water or sewer system may serve an area |
|
|
immediately outside the extraterritorial jurisdiction of the |
|
|
disannexed municipality if the residents of the area agree to be |
|
|
served by the system. (Acts 51st Leg., R.S., Ch. 398, Sec. 4B(a).) |
|
|
CHAPTER 9028. CHOCTAW WATERSHED WATER IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9028.001. DEFINITIONS |
|
|
Sec. 9028.002. NATURE OF DISTRICT |
|
|
Sec. 9028.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9028.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9028.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9028.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9028.102. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9028.103. WATERSHED PROTECTION AND FLOOD |
|
|
PREVENTION ACT |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9028.151. TAX METHOD |
|
|
Sec. 9028.152. LIMITATION ON TAX RATE |
|
|
Sec. 9028.153. TAX ASSESSOR-COLLECTOR |
|
|
Sec. 9028.154. ELECTION REQUIRED FOR FEDERAL LOAN |
|
|
Sec. 9028.155. APPROVAL OF AND FUNDING FOR CERTAIN |
|
|
PLANS FOR WORKS AND IMPROVEMENTS |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9028.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9028.202. BOND ELECTION REQUIRED |
|
|
CHAPTER 9028. CHOCTAW WATERSHED WATER IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9028.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Choctaw Watershed Water |
|
|
Improvement District. (Acts 56th Leg., R.S., Ch. 33, Sec. 1 (part); |
|
|
New.) |
|
|
Sec. 9028.002. NATURE OF DISTRICT. The district is a water |
|
|
control and improvement district under Section 59, Article XVI, |
|
|
Texas Constitution. (Acts 56th Leg., R.S., Ch. 33, Sec. 1 (part).) |
|
|
Sec. 9028.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the district and the |
|
|
improvements, works, and measures constructed and accomplished by |
|
|
the district. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S., |
|
|
Ch. 33, Secs. 6 (part), 7 (part).) |
|
|
Sec. 9028.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 2, Chapter 33, Acts |
|
|
of the 56th Legislature, Regular Session, 1959, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9028.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 56th Leg., R.S., Ch. 33, Secs. |
|
|
5(a) (part), (c) (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9028.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 56th |
|
|
Leg., R.S., Ch. 33, Sec. 3 (part); New.) |
|
|
Sec. 9028.102. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, pipeline, or telephone or telegraph property or |
|
|
facility, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 56th Leg., R.S., Ch. 33, Sec. 8 |
|
|
(part).) |
|
|
Sec. 9028.103. WATERSHED PROTECTION AND FLOOD PREVENTION |
|
|
ACT. Subject to Section 9028.154, the district has the power |
|
|
necessary to fully qualify for and gain the full benefits of the |
|
|
Watershed Protection and Flood Prevention Act (16 U.S.C. Section |
|
|
1001 et seq.), including: |
|
|
(1) all powers necessary to carry out the projects, |
|
|
works, and improvements contemplated by the Watershed Protection |
|
|
and Flood Prevention Act; |
|
|
(2) the power to secure a loan or loans from the proper |
|
|
agencies of the federal government for the purpose of defraying the |
|
|
costs and expenses of the district in connection with carrying out |
|
|
its projects, works, and improvements under the Watershed |
|
|
Protection and Flood Prevention Act; and |
|
|
(3) if necessary, the power to issue bonds as |
|
|
collateral for a loan described by Subdivision (2). (Acts 56th |
|
|
Leg., R.S., Ch. 33, Sec. 4 (part); New.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9028.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to hold a hearing on the |
|
|
adoption of a plan of taxation. (Acts 56th Leg., R.S., Ch. 33, Sec. |
|
|
6 (part).) |
|
|
Sec. 9028.152. LIMITATION ON TAX RATE. The district may not |
|
|
impose taxes under this subchapter at a rate that exceeds five cents |
|
|
per $100 valuation. (Acts 56th Leg., R.S., Ch. 33, Sec. 6 (part).) |
|
|
Sec. 9028.153. TAX ASSESSOR-COLLECTOR. The Grayson County |
|
|
tax assessor-collector shall collect taxes for the district and |
|
|
make them available for district purposes. (Acts 56th Leg., R.S., |
|
|
Ch. 33, Sec. 6 (part).) |
|
|
Sec. 9028.154. ELECTION REQUIRED FOR FEDERAL LOAN. The |
|
|
district may not consummate a loan from the federal government |
|
|
unless the loan is authorized by a majority of the votes cast in a |
|
|
district election. (Acts 56th Leg., R.S., Ch. 33, Sec. 9 (part).) |
|
|
Sec. 9028.155. APPROVAL OF AND FUNDING FOR CERTAIN PLANS |
|
|
FOR WORKS AND IMPROVEMENTS. (a) In this section, "commission" |
|
|
means the Texas Commission on Environmental Quality. |
|
|
(b) This section applies only to plans contemplated by the |
|
|
district for works and improvements, or amendments to the plans, |
|
|
that are prepared by the Natural Resources Conservation Service of |
|
|
the United States Department of Agriculture and approved by the |
|
|
district's board. |
|
|
(c) An engineer's report covering the plans and |
|
|
improvements to be constructed, and the maps, plats, profiles, and |
|
|
data fully showing and explaining the plans and improvements, are |
|
|
not required to be filed in the district office before an election |
|
|
is held to authorize the issuance of bonds for the works and |
|
|
improvements. The plans and specifications, engineering reports, |
|
|
profiles, maps, and other data, and subsequent amendments to those |
|
|
items, are not required to be approved by the commission before the |
|
|
bonds are issued. |
|
|
(d) Before the district may spend any money for the |
|
|
construction of any works and improvements, the commission must |
|
|
approve the portion of the works and improvements to be |
|
|
constructed. The commission's advance approval for the entire |
|
|
project contemplated by the district is not required. The |
|
|
commission may approve on a separate or individual basis the |
|
|
portion of the entire project or works and improvements: |
|
|
(1) to be constructed at a particular time; and |
|
|
(2) on which plans and specifications of the Natural |
|
|
Resources Conservation Service have been prepared and submitted by |
|
|
the board to the commission. (Acts 56th Leg., R.S., Ch. 33, Sec. |
|
|
10; New.) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9028.201. AUTHORITY TO ISSUE BONDS. Subject to |
|
|
Section 9028.202, the district may issue bonds, in the manner |
|
|
provided by general law for water control and improvement |
|
|
districts, to: |
|
|
(1) provide dams, structures, projects, and works of |
|
|
improvement for flood prevention, the conservation and development |
|
|
of water, and for other necessary plants, facilities, and equipment |
|
|
in connection therewith and for the improvement, repair, and |
|
|
operation of same; |
|
|
(2) carry out any other power provided by this chapter |
|
|
or by Chapter 49 or 51, Water Code; and |
|
|
(3) pay all costs, charges, and expenses of the |
|
|
district. (Acts 56th Leg., R.S., Ch. 33, Sec. 8 (part); New.) |
|
|
Sec. 9028.202. BOND ELECTION REQUIRED. The district may |
|
|
not issue bonds unless the bonds are authorized by a majority of the |
|
|
votes cast in a district election. (Acts 56th Leg., R.S., Ch. 33, |
|
|
Sec. 9 (part).) |
|
|
CHAPTER 9045. FALLBROOK UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9045.001. DEFINITIONS |
|
|
Sec. 9045.002. NATURE OF DISTRICT |
|
|
Sec. 9045.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9045.004. DISTRICT TERRITORY |
|
|
Sec. 9045.005. EXPANSION OF DISTRICT |
|
|
Sec. 9045.006. HEARINGS FOR EXCLUSION OF LAND |
|
|
Sec. 9045.007. STATE POLICY REGARDING WASTE DISPOSAL |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9045.051. COMPOSITION OF BOARD |
|
|
Sec. 9045.052. APPOINTMENT OF TREASURER |
|
|
Sec. 9045.053. DIRECTOR AND TREASURER BONDS |
|
|
Sec. 9045.054. BOARD VACANCY |
|
|
Sec. 9045.055. BOARD PRESIDENT'S POWER TO EXECUTE |
|
|
CONTRACTS |
|
|
Sec. 9045.056. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
|
Sec. 9045.057. DISTRICT OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9045.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9045.102. ADDITIONAL POWERS |
|
|
Sec. 9045.103. LIMIT ON EMINENT DOMAIN |
|
|
Sec. 9045.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9045.105. NOTICE OF ELECTION |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9045.151. TAX METHOD |
|
|
Sec. 9045.152. DISTRICT ACCOUNTS |
|
|
Sec. 9045.153. COPY OF AUDIT REPORT |
|
|
Sec. 9045.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
Sec. 9045.155. DEPOSITORY |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9045.201. ISSUANCE OF BONDS |
|
|
Sec. 9045.202. ADDITIONAL SECURITY |
|
|
Sec. 9045.203. TRUST INDENTURE |
|
|
Sec. 9045.204. ORDER OR RESOLUTION AUTHORIZING |
|
|
ISSUANCE OF CERTAIN BONDS |
|
|
Sec. 9045.205. USE OF BOND PROCEEDS |
|
|
CHAPTER 9045. FALLBROOK UTILITY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9045.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Fallbrook Utility District of |
|
|
Harris County, Texas. (Acts 61st Leg., R.S., Ch. 633, Sec. 1 |
|
|
(part); New.) |
|
|
Sec. 9045.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 61st |
|
|
Leg., R.S., Ch. 633, Sec. 1 (part).) |
|
|
Sec. 9045.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(d) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(e) The district in carrying out the purposes of this |
|
|
chapter will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 61st Leg., R.S., Ch. 633, Secs. 1 (part), |
|
|
4, 21 (part).) |
|
|
Sec. 9045.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 633, Acts |
|
|
of the 61st Legislature, Regular Session, 1969, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9045.005 or its predecessor statute, |
|
|
former Section 9, Chapter 633, Acts of the 61st Legislature, |
|
|
Regular Session, 1969; or |
|
|
(4) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) in any other manner, the legality or operation of |
|
|
the district or the board. (Acts 61st Leg., R.S., Ch. 633, Sec. 3; |
|
|
New.) |
|
|
Sec. 9045.005. EXPANSION OF DISTRICT. (a) If land is |
|
|
annexed to the district under Section 49.301 or 51.714, Water Code, |
|
|
the board may require the petitioners to: |
|
|
(1) assume the petitioners' pro rata share of the voted |
|
|
but unissued bonds of the district; and |
|
|
(2) authorize the board to impose a tax on the |
|
|
petitioners' property to pay for the bonds after the bonds have been |
|
|
issued. |
|
|
(b) If land is annexed to the district under Section 49.302, |
|
|
Water Code, the board may submit to the voters of the area to be |
|
|
annexed a proposition on the question of the assumption by the area |
|
|
to be annexed of its part of the voted but not yet issued or sold tax |
|
|
or tax-revenue bonds of the district and the imposition of an ad |
|
|
valorem tax on taxable property in the area to be annexed along with |
|
|
a tax in the rest of the district for the payment of the bonds. |
|
|
(c) If the petitioners consent or if the election results |
|
|
favorably, the district may issue its voted but unissued tax or |
|
|
tax-revenue bonds regardless of changes to district boundaries |
|
|
since the voting or authorization of those bonds. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 9 (part).) |
|
|
Sec. 9045.006. HEARINGS FOR EXCLUSION OF LAND. (a) The |
|
|
board is not required to call or hold a hearing on the exclusion of |
|
|
land or other property from the district; provided, however, that |
|
|
the board shall hold a hearing if an owner of land or other property |
|
|
located in the district files a written petition for a hearing with |
|
|
the board secretary before the district's first bond election is |
|
|
called. |
|
|
(b) The board may act on the petition in the same manner that |
|
|
it may act on a petition for the addition of land under Section |
|
|
49.301 or 51.714, Water Code. A notice of hearing is not required. |
|
|
(c) The board on its own motion may call and hold an |
|
|
exclusion hearing under general law. (Acts 61st Leg., R.S., Ch. |
|
|
633, Sec. 7.) |
|
|
Sec. 9045.007. STATE POLICY REGARDING WASTE DISPOSAL. The |
|
|
district's powers and duties are subject to the state policy of |
|
|
encouraging the development and use of integrated area-wide waste |
|
|
collection, treatment, and disposal systems to serve the waste |
|
|
disposal needs of this state's residents, if integrated systems can |
|
|
reasonably be provided for an area, so as to avoid the economic |
|
|
burden on residents and the impact on state water quality caused by |
|
|
the construction and operation of numerous small waste collection, |
|
|
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch. |
|
|
633, Sec. 5 (part).) |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9045.051. COMPOSITION OF BOARD. The board consists of |
|
|
five elected directors. (Acts 61st Leg., R.S., Ch. 633, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9045.052. APPOINTMENT OF TREASURER. The board may |
|
|
appoint the treasurer. (Acts 61st Leg., R.S., Ch. 633, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9045.053. DIRECTOR AND TREASURER BONDS. (a) Each |
|
|
director shall qualify by giving bond in the amount of $5,000 for |
|
|
the faithful performance of the director's duties. |
|
|
(b) The directors' bonds shall be recorded in a record kept |
|
|
for that purpose in the district's office. |
|
|
(c) The treasurer shall give bond in the amount required by |
|
|
the board. The treasurer's bond shall be conditioned on the |
|
|
treasurer's faithful accounting for all money that comes into the |
|
|
treasurer's custody as treasurer of the district. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 10 (part).) |
|
|
Sec. 9045.054. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The county judge of Harris County shall appoint |
|
|
directors to fill all of the vacancies on the board if the number of |
|
|
qualified directors is less than three. (Acts 61st Leg., R.S., Ch. |
|
|
633, Sec. 10 (part).) |
|
|
Sec. 9045.055. BOARD PRESIDENT'S POWER TO EXECUTE |
|
|
CONTRACTS. The board president may execute all contracts, |
|
|
including construction contracts, entered into by the board on |
|
|
behalf of the district. (Acts 61st Leg., R.S., Ch. 633, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9045.056. ABSENCE OR INACTION OF BOARD PRESIDENT. (a) |
|
|
When the board president is absent or fails or declines to act, the |
|
|
board vice president shall perform all duties and exercise all |
|
|
power that this chapter or general law gives the president. |
|
|
(b) If the board president is absent from a board meeting, |
|
|
the board vice president may sign an order adopted or other action |
|
|
taken at the meeting, or the board may authorize the president to |
|
|
sign the order or other action. (Acts 61st Leg., R.S., Ch. 633, |
|
|
Sec. 10 (part).) |
|
|
Sec. 9045.057. DISTRICT OFFICE. (a) The board shall |
|
|
designate, establish, and maintain a district office as provided by |
|
|
Section 49.062, Water Code. |
|
|
(b) The board may establish a second district office outside |
|
|
the district. If the board establishes a district office outside |
|
|
the district, the board shall give notice of the location of that |
|
|
office by: |
|
|
(1) filing a copy of the board resolution that |
|
|
establishes the location of the office: |
|
|
(A) with the Texas Commission on Environmental |
|
|
Quality; and |
|
|
(B) in the water control and improvement district |
|
|
records of Harris County; and |
|
|
(2) publishing the location of the office in a |
|
|
newspaper of general circulation in Harris County. |
|
|
(c) A district office may be a private residence, office, or |
|
|
dwelling. A district office that is a private residence, office, or |
|
|
dwelling is a public place for matters relating to the district's |
|
|
business. |
|
|
(d) The board shall give notice of any change in the |
|
|
location of the district office outside the district in the manner |
|
|
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 633, Sec. |
|
|
15.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9045.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has all of the rights, powers, privileges, and |
|
|
functions provided by general law applicable to water control and |
|
|
improvement districts created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 61st |
|
|
Leg., R.S., Ch. 633, Sec. 5 (part).) |
|
|
Sec. 9045.102. ADDITIONAL POWERS. (a) The district may: |
|
|
(1) make, purchase, construct, lease, or otherwise |
|
|
acquire property, works, facilities, or improvements, existing or |
|
|
to be made, constructed, or acquired, inside or outside the |
|
|
district's boundaries and necessary to carry out the powers granted |
|
|
by this chapter or general law; or |
|
|
(2) enter into a contract with a person on terms the |
|
|
board considers desirable, fair, and advantageous for: |
|
|
(A) the purchase or sale of water; |
|
|
(B) the transportation, treatment, and disposal |
|
|
of the domestic, industrial, or communal wastes of the district or |
|
|
others; |
|
|
(C) the continuing and orderly development of |
|
|
land and property in the district through the purchase, |
|
|
construction, or installation of facilities, works, or |
|
|
improvements that the district is otherwise authorized to do or |
|
|
perform so that, to the greatest extent reasonably possible, |
|
|
considering sound engineering and economic practices, all of the |
|
|
land and property may ultimately receive the services of the |
|
|
facilities, works, or improvements; and |
|
|
(D) the performance of any of the rights or |
|
|
powers granted by this chapter or general law relating to water |
|
|
control and improvement districts. |
|
|
(b) A contract under Subsection (a)(2) may not have a |
|
|
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 633, |
|
|
Sec. 5 (part).) |
|
|
Sec. 9045.103. LIMIT ON EMINENT DOMAIN. The district may |
|
|
exercise the power of eminent domain only: |
|
|
(1) in Harris County; and |
|
|
(2) when necessary to carry out the purposes for which |
|
|
the district was created. (Acts 61st Leg., R.S., Ch. 633, Sec. 13 |
|
|
(part).) |
|
|
Sec. 9045.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain makes necessary relocating, raising, lowering, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission line, telegraph or telephone |
|
|
property or facility, or pipeline, the necessary action shall be |
|
|
accomplished at the sole expense of the district. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 13 (part).) |
|
|
Sec. 9045.105. NOTICE OF ELECTION. Notice of an election |
|
|
may be given under the hand of the board president or secretary. |
|
|
(Acts 61st Leg., R.S., Ch. 633, Sec. 18 (part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9045.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to call or hold a hearing on |
|
|
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 633, |
|
|
Sec. 8.) |
|
|
Sec. 9045.152. DISTRICT ACCOUNTS. The district shall keep |
|
|
a complete system of the district's accounts. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 14 (part).) |
|
|
Sec. 9045.153. COPY OF AUDIT REPORT. A copy of the audit |
|
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
|
be delivered: |
|
|
(1) to each director; and |
|
|
(2) to a holder of at least 25 percent of the |
|
|
outstanding bonds of the district, on request. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 14 (part); New.) |
|
|
Sec. 9045.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The district is not required to pay a tax or assessment on: |
|
|
(1) district property; or |
|
|
(2) a purchase made by the district. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 21 (part).) |
|
|
Sec. 9045.155. DEPOSITORY. (a) The board shall select one |
|
|
or more banks in this state to act as depository for the district's |
|
|
money. |
|
|
(b) To the extent that money in the depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(c) A director may be a shareholder in a bank that is a |
|
|
depository of district money. (Acts 61st Leg., R.S., Ch. 633, Sec. |
|
|
14 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9045.201. ISSUANCE OF BONDS. (a) The district may |
|
|
issue tax bonds, revenue bonds, or tax and revenue bonds to provide |
|
|
money for any purpose of this chapter, including the acquisition of |
|
|
land. |
|
|
(b) The district must issue bonds in the manner provided by |
|
|
Chapters 49 and 51, Water Code, except that the district may issue |
|
|
bonds payable solely from net revenue by resolution or order of the |
|
|
board without an election. |
|
|
(c) Bonds issued under this subchapter may be payable from |
|
|
all or any designated part of the revenue of district property and |
|
|
facilities or under a specific contract, as provided in the order or |
|
|
resolution authorizing the issuance of the bonds. (Acts 61st Leg., |
|
|
R.S., Ch. 633, Sec. 12 (part).) |
|
|
Sec. 9045.202. ADDITIONAL SECURITY. (a) Within the |
|
|
discretion of the board, bonds issued under this subchapter may be |
|
|
additionally secured by a deed of trust or mortgage lien on physical |
|
|
property of the district and franchises, easements, water rights |
|
|
and appropriation permits, leases, contracts, and all rights |
|
|
appurtenant to that property, vesting in the trustee: |
|
|
(1) the power to sell the property for payment of the |
|
|
debt; |
|
|
(2) the power to operate the property; and |
|
|
(3) all other powers to further secure the bonds. |
|
|
(b) A purchaser under a sale under the deed of trust or |
|
|
mortgage lien, if one is given: |
|
|
(1) is the absolute owner of the property, facilities, |
|
|
and rights purchased; and |
|
|
(2) may maintain and operate the property and |
|
|
facilities. (Acts 61st Leg., R.S., Ch. 633, Sec. 12 (part).) |
|
|
Sec. 9045.203. TRUST INDENTURE. A trust indenture created |
|
|
under Section 9045.202, regardless of the existence of a deed of |
|
|
trust or mortgage lien on the property, may: |
|
|
(1) contain provisions prescribed by the board for the |
|
|
security of the bonds and the preservation of the trust estate; |
|
|
(2) provide for amendment or modification of the trust |
|
|
indenture; |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds; |
|
|
(4) condition the right to spend district money or |
|
|
sell district property on the approval of a licensed engineer |
|
|
selected as provided by the trust indenture; and |
|
|
(5) provide for the investment of district money. |
|
|
(Acts 61st Leg., R.S., Ch. 633, Sec. 12 (part).) |
|
|
Sec. 9045.204. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF |
|
|
CERTAIN BONDS. (a) In an order or resolution authorizing the |
|
|
issuance of revenue, tax-revenue, revenue refunding, or |
|
|
tax-revenue refunding bonds, the board may: |
|
|
(1) provide for: |
|
|
(A) the flow of money; and |
|
|
(B) the establishment and maintenance of the |
|
|
interest and sinking fund, reserve fund, or other fund; |
|
|
(2) make additional covenants with respect to the |
|
|
bonds and the pledged revenue and the operation and maintenance of |
|
|
the improvements and facilities the revenue of which is pledged, |
|
|
including provisions for the operation or leasing of all or part of |
|
|
the improvements and facilities and the use or pledge of money |
|
|
received from the operation contract or lease as the board |
|
|
considers appropriate; |
|
|
(3) prohibit the further issuance of bonds or other |
|
|
obligations payable from the pledged revenue or reserve the right |
|
|
to issue additional bonds to be secured by a pledge of and payable |
|
|
from the revenue on a parity with, or subordinate to, the lien and |
|
|
pledge in support of the bonds being issued, subject to any |
|
|
conditions set forth in the order or resolution; and |
|
|
(4) include any other provision or covenant, as the |
|
|
board determines, that is not prohibited by the Texas Constitution |
|
|
or this chapter. |
|
|
(b) The board may adopt and cause to be executed any other |
|
|
proceeding or instrument necessary or convenient in the issuance of |
|
|
the bonds. (Acts 61st Leg., R.S., Ch. 633, Sec. 12 (part).) |
|
|
Sec. 9045.205. USE OF BOND PROCEEDS. (a) The district may |
|
|
appropriate or set aside out of proceeds from the sale of district |
|
|
bonds an amount for: |
|
|
(1) the payment of interest, administrative, and |
|
|
operating expenses expected to accrue during the period of |
|
|
construction, as may be provided in the bond orders or resolutions; |
|
|
and |
|
|
(2) the payment of all expenses incurred and to be |
|
|
incurred in the issuance, sale, and delivery of the bonds. |
|
|
(b) For purposes of this section, the period of construction |
|
|
may not exceed three years. (Acts 61st Leg., R.S., Ch. 633, Sec. 12 |
|
|
(part).) |
|
|
CHAPTER 9049. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT-FONDREN ROAD |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9049.001. DEFINITIONS |
|
|
Sec. 9049.002. NATURE OF DISTRICT |
|
|
Sec. 9049.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9049.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9049.051. BOARD OF DIRECTORS |
|
|
Sec. 9049.052. APPOINTMENT OF SECRETARY AND TREASURER |
|
|
Sec. 9049.053. DIRECTOR'S AND TREASURER'S BONDS |
|
|
Sec. 9049.054. VOTE BY BOARD PRESIDENT |
|
|
Sec. 9049.055. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9049.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9049.102. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9049.103. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9049.151. TAX METHOD |
|
|
CHAPTER 9049. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT-FONDREN ROAD |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9049.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Harris County Water Control |
|
|
and Improvement District-Fondren Road. (Acts 58th Leg., R.S., Ch. |
|
|
246, Sec. 1 (part); New.) |
|
|
Sec. 9049.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 58th |
|
|
Leg., R.S., Ch. 246, Sec. 1 (part).) |
|
|
Sec. 9049.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 58th Leg., R.S., |
|
|
Ch. 246, Secs. 1 (part), 3; Acts 60th Leg., R.S., Ch. 611, Sec. 5.) |
|
|
Sec. 9049.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 246, Acts |
|
|
of the 58th Legislature, Regular Session, 1963, as amended by |
|
|
Sections 1 and 3, Chapter 611, Acts of the 60th Legislature, Regular |
|
|
Session, 1967, as that territory may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue bonds or to pay the |
|
|
principal of and interest on the bonds; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or the |
|
|
board. (Acts 58th Leg., R.S., Ch. 246, Sec. 4; Acts 60th Leg., R.S., |
|
|
Ch. 611, Secs. 2, 4; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9049.051. BOARD OF DIRECTORS. (a) The board consists |
|
|
of five elected directors. |
|
|
(b) To be appointed as a director a person must reside in |
|
|
this state, but such director is not required to reside in the |
|
|
district. (Acts 58th Leg., R.S., Ch. 246, Sec. 7 (part).) |
|
|
Sec. 9049.052. APPOINTMENT OF SECRETARY AND TREASURER. The |
|
|
board shall appoint a secretary and a treasurer, who are not |
|
|
required to be directors. The board may combine the offices of |
|
|
secretary and treasurer. (Acts 58th Leg., R.S., Ch. 246, Sec. 7 |
|
|
(part).) |
|
|
Sec. 9049.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each |
|
|
director shall give bond in the amount of $5,000 conditioned on the |
|
|
faithful performance of the director's duties. |
|
|
(b) The treasurer shall give bond in the amount required by |
|
|
the board. The treasurer's bond shall be conditioned on the |
|
|
treasurer's faithful accounting for all money that comes into the |
|
|
treasurer's custody as treasurer of the district. (Acts 58th Leg., |
|
|
R.S., Ch. 246, Sec. 7 (part).) |
|
|
Sec. 9049.054. VOTE BY BOARD PRESIDENT. The board |
|
|
president has the same right to vote as any other director. (Acts |
|
|
58th Leg., R.S., Ch. 246, Sec. 7 (part).) |
|
|
Sec. 9049.055. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
|
When the board president is absent or fails or declines to act, the |
|
|
board vice president shall perform all duties and exercise all |
|
|
power this chapter gives the president. (Acts 58th Leg., R.S., Ch. |
|
|
246, Sec. 7 (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9049.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 58th |
|
|
Leg., R.S., Ch. 246, Sec. 5 (part); New.) |
|
|
Sec. 9049.102. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may exercise the power of eminent domain only in Harris County. |
|
|
(Acts 58th Leg., R.S., Ch. 246, Sec. 9 (part).) |
|
|
Sec. 9049.103. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, telephone or telegraph property or facility, or |
|
|
pipeline, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 58th Leg., R.S., Ch. 246, Sec. 9 |
|
|
(part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9049.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to hold a hearing on the |
|
|
adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 246, |
|
|
Sec. 5 (part).) |
|
|
CHAPTER 9050. INVERNESS FOREST IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9050.001. DEFINITIONS |
|
|
Sec. 9050.002. NATURE OF DISTRICT |
|
|
Sec. 9050.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9050.004. DISTRICT TERRITORY |
|
|
Sec. 9050.005. EXPANSION OF DISTRICT |
|
|
Sec. 9050.006. HEARINGS FOR EXCLUSION OF LAND |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9050.051. BOARD OF DIRECTORS |
|
|
Sec. 9050.052. DIRECTOR'S BOND |
|
|
Sec. 9050.053. DUTY OF SECRETARY; ABSENCE OF SECRETARY |
|
|
FROM BOARD MEETING |
|
|
Sec. 9050.054. VOTE BY BOARD PRESIDENT |
|
|
Sec. 9050.055. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9050.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9050.102. ADDITIONAL POWERS |
|
|
Sec. 9050.103. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9050.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9050.105. NOTICE OF ELECTION |
|
|
Sec. 9050.106. EFFECT OF ANNEXATION BY MUNICIPALITY |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9050.151. TAX METHOD |
|
|
Sec. 9050.152. DEPOSITORY |
|
|
Sec. 9050.153. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9050.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9050.202. FAILED BOND ELECTION |
|
|
Sec. 9050.203. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 9050. INVERNESS FOREST IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9050.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Inverness Forest Improvement |
|
|
District. (Acts 59th Leg., R.S., Ch. 605, Sec. 1 (part); New.) |
|
|
Sec. 9050.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 59th |
|
|
Leg., R.S., Ch. 605, Sec. 1 (part).) |
|
|
Sec. 9050.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(d) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(e) The district in carrying out the purposes of this |
|
|
chapter will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 59th Leg., R.S., Ch. 605, Secs. 1 (part), |
|
|
4, 22 (part).) |
|
|
Sec. 9050.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 605, Acts |
|
|
of the 59th Legislature, Regular Session, 1965, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9050.005 of this chapter or its |
|
|
predecessor statute, former Section 16, Chapter 605, Acts of the |
|
|
59th Legislature, Regular Session, 1965; or |
|
|
(4) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type or kind of |
|
|
bond for a purpose for which the district is created or to pay the |
|
|
principal of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or the |
|
|
board. (Acts 59th Leg., R.S., Ch. 605, Sec. 3; New.) |
|
|
Sec. 9050.005. EXPANSION OF DISTRICT. (a) Except as |
|
|
otherwise provided by this section, the district may annex |
|
|
territory as provided by Section 49.302, Water Code. |
|
|
(b) Territory may not be annexed to the district without the |
|
|
written consent of at least a three-fourths majority of all |
|
|
landowners in the territory to be annexed whose land must also |
|
|
constitute at least three-fourths of the value of all land in the |
|
|
territory to be annexed, as shown by the tax rolls of the county in |
|
|
which the territory to be annexed is located. |
|
|
(c) A person who owns land or an interest in land affected by |
|
|
the annexation may, on or before the 30th day after the date of the |
|
|
canvassing order of the election for the annexation, file in the |
|
|
district court in the county in which the district is located a |
|
|
petition to review, set aside, modify, or suspend the annexation. |
|
|
After the period for filing the suit has expired, the annexation is: |
|
|
(1) conclusive for all purposes; and |
|
|
(2) not subject to judicial review. (Acts 59th Leg., |
|
|
R.S., Ch. 605, Sec. 16 (part).) |
|
|
Sec. 9050.006. HEARINGS FOR EXCLUSION OF LAND. (a) The |
|
|
board is not required to call or hold a hearing on the exclusion of |
|
|
land or other property from the district; provided, however, that |
|
|
the board shall hold a hearing if an owner of land or other property |
|
|
located in the district files a written request for a hearing with |
|
|
the board secretary before the district's first bond election is |
|
|
called. |
|
|
(b) This section may not be construed to prevent the board |
|
|
on its own motion from calling and holding an exclusion hearing |
|
|
under general law. (Acts 59th Leg., R.S., Ch. 605, Sec. 7.) |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9050.051. BOARD OF DIRECTORS. (a) The board consists |
|
|
of five elected directors. |
|
|
(b) To be appointed as a director, a person must: |
|
|
(1) be at least 18 years of age; and |
|
|
(2) reside in this state. |
|
|
(c) Such director is not required to reside in the district. |
|
|
(d) Such director is not required to own land in the |
|
|
district, but before the district awards any construction |
|
|
contracts, each director must own land in the district subject to |
|
|
district taxation. (Acts 59th Leg., R.S., Ch. 605, Sec. 9 (part).) |
|
|
Sec. 9050.052. DIRECTOR'S BOND. Each director shall give a |
|
|
bond in the amount of $5,000 for the faithful performance of the |
|
|
director's duties. (Acts 59th Leg., R.S., Ch. 605, Sec. 9 (part).) |
|
|
Sec. 9050.053. DUTY OF SECRETARY; ABSENCE OF SECRETARY FROM |
|
|
BOARD MEETING. (a) The board secretary shall sign the minutes of |
|
|
each board meeting. |
|
|
(b) If the board secretary is absent from a board meeting, |
|
|
the board shall name a secretary pro tem for the meeting who may: |
|
|
(1) exercise all powers and duties of the secretary |
|
|
for the meeting; |
|
|
(2) sign the minutes of the meeting; and |
|
|
(3) attest all orders passed or other action taken at |
|
|
the meeting. (Acts 59th Leg., R.S., Ch. 605, Sec. 9 (part).) |
|
|
Sec. 9050.054. VOTE BY BOARD PRESIDENT. The board |
|
|
president has the same right to vote as any other director. (Acts |
|
|
59th Leg., R.S., Ch. 605, Sec. 9 (part).) |
|
|
Sec. 9050.055. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
|
When the board president is absent or fails or declines to act, the |
|
|
board vice president shall perform all duties and exercise all |
|
|
power this chapter or general law gives the president. (Acts 59th |
|
|
Leg., R.S., Ch. 605, Sec. 9 (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9050.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
|
|
Leg., R.S., Ch. 605, Sec. 5 (part); New.) |
|
|
Sec. 9050.102. ADDITIONAL POWERS. (a) The district may: |
|
|
(1) purchase, construct, or otherwise acquire a |
|
|
waterworks system, sanitary sewer system, storm sewer system, or |
|
|
drainage facility or any part of those systems or facilities; |
|
|
(2) make any purchase, construction, improvement, |
|
|
extension, addition, or repair necessary to a system or facility |
|
|
described by Subdivision (1); |
|
|
(3) purchase or otherwise acquire, operate, and |
|
|
maintain any land, right-of-way, easement, site, equipment, |
|
|
building, plant, structure, or facility necessary for a system or |
|
|
facility described by Subdivision (1); and |
|
|
(4) sell water and other services. |
|
|
(b) The district may exercise any of the rights or powers |
|
|
granted by this chapter inside or outside the district's |
|
|
boundaries, but only in Harris County. (Acts 59th Leg., R.S., Ch. |
|
|
605, Sec. 17 (part).) |
|
|
Sec. 9050.103. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may exercise the power of eminent domain only in Harris County. |
|
|
(Acts 59th Leg., R.S., Ch. 605, Sec. 12 (part).) |
|
|
Sec. 9050.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted by this |
|
|
chapter makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telegraph or telephone property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 59th Leg., R.S., Ch. |
|
|
605, Sec. 12 (part).) |
|
|
Sec. 9050.105. NOTICE OF ELECTION. Notice of an election |
|
|
may be given under the hand of the board president or secretary. |
|
|
(Acts 59th Leg., R.S., Ch. 605, Sec. 20.) |
|
|
Sec. 9050.106. EFFECT OF ANNEXATION BY MUNICIPALITY. (a) |
|
|
Notwithstanding Section 43.075(d)(3), Local Government Code, if a |
|
|
municipality annexes all of the territory in the district, the |
|
|
municipality is not required to assume the duties of the district to |
|
|
provide flood control services or to operate or maintain the |
|
|
levees, retainage ponds, pumps, mitigation channel, or other flood |
|
|
control facilities, improvements, or properties that the district |
|
|
operates and maintains or is required to operate and maintain. |
|
|
(b) The municipality may elect to assume none, part, or all |
|
|
of the duties described by Subsection (a). The municipality shall |
|
|
state in the ordinance annexing the territory which duties, if any, |
|
|
the municipality elects to assume. |
|
|
(c) If the municipality elects to assume none or part of the |
|
|
duties described by Subsection (a), the district is not abolished |
|
|
and continues to exist for the exclusive purpose of performing the |
|
|
duties the municipality does not assume. The district is not |
|
|
required to transfer to the municipality money received from |
|
|
maintenance taxes before the date of annexation and may continue to |
|
|
impose a maintenance tax as necessary to perform the duties the |
|
|
municipality does not assume. The district may retain other |
|
|
property and assets, including money from the district's operation |
|
|
and maintenance account, as the district considers necessary to |
|
|
perform those duties. |
|
|
(d) At any time after annexation the municipality by |
|
|
ordinance may assume the remaining duties and assets retained by |
|
|
the district and the district's debts, liabilities, and |
|
|
obligations. The municipality shall provide the board written |
|
|
notice of the assumption at least 120 days before the date the |
|
|
assumption takes effect. The district is abolished on the date the |
|
|
assumption takes effect. (Acts 59th Leg., R.S., Ch. 605, Sec. 17B.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9050.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to call or hold a hearing on |
|
|
the adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 605, |
|
|
Sec. 8.) |
|
|
Sec. 9050.152. DEPOSITORY. (a) The board shall select one |
|
|
or more banks or trust companies in this state to act as a |
|
|
depository of bond proceeds or of revenue derived from the |
|
|
operation of district facilities. |
|
|
(b) The depository shall, as determined by the board: |
|
|
(1) furnish indemnity bonds; |
|
|
(2) pledge securities; or |
|
|
(3) meet any other requirements. (Acts 59th Leg., |
|
|
R.S., Ch. 605, Sec. 15.) |
|
|
Sec. 9050.153. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The district is not required to pay a tax or assessment on: |
|
|
(1) a district project or any part of the project; or |
|
|
(2) a district purchase. (Acts 59th Leg., R.S., Ch. |
|
|
605, Sec. 22 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9050.201. AUTHORITY TO ISSUE BONDS. The district may: |
|
|
(1) issue bonds of any kind to carry out any purpose |
|
|
authorized by this chapter; and |
|
|
(2) provide for and make payment for the bonds and for |
|
|
any expense necessarily incurred in connection with the issuance of |
|
|
the bonds. (Acts 59th Leg., R.S., Ch. 605, Sec. 17 (part).) |
|
|
Sec. 9050.202. FAILED BOND ELECTION. (a) A general law, |
|
|
including Sections 51.781-51.791, Water Code, that provides for |
|
|
calling a hearing on the dissolution of a district after a failed |
|
|
district bond election does not apply to the district. |
|
|
(b) After the expiration of six months from the date of a |
|
|
failed bond election, the board may call a subsequent bond |
|
|
election. |
|
|
(c) The district continues to exist and retain its full |
|
|
power to function and operate regardless of the outcome of a bond |
|
|
election. (Acts 59th Leg., R.S., Ch. 605, Sec. 19.) |
|
|
Sec. 9050.203. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this chapter, the transfer of the bond, and income from the |
|
|
bond, including profits made on the sale of the bond, are exempt |
|
|
from taxation in this state. (Acts 59th Leg., R.S., Ch. 605, Sec. |
|
|
22 (part).) |
|
|
CHAPTER 9051. JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT NO. 10 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9051.001. DEFINITIONS |
|
|
Sec. 9051.002. NATURE OF DISTRICT |
|
|
Sec. 9051.003. LEGISLATIVE FINDING |
|
|
Sec. 9051.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
|
Sec. 9051.005. CORRECTION OF INVALID PROCEDURES |
|
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION |
|
|
Sec. 9051.051. DISTRICT TERRITORY |
|
|
Sec. 9051.052. ANNEXATION OF DISTRICT TERRITORY BY |
|
|
MUNICIPALITY |
|
|
SUBCHAPTER C. DISTRICT ADMINISTRATION |
|
|
Sec. 9051.101. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 9051.102. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 9051.103. DIRECTOR'S BOND |
|
|
Sec. 9051.104. QUORUM |
|
|
Sec. 9051.105. OFFICERS |
|
|
Sec. 9051.106. EMPLOYEES |
|
|
Sec. 9051.107. EXPENDITURES |
|
|
Sec. 9051.108. COMPENSATION OF DIRECTORS |
|
|
Sec. 9051.109. BUDGET |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9051.151. GENERAL POWERS |
|
|
Sec. 9051.152. DISTRICT PROPERTY |
|
|
Sec. 9051.153. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9051.154. POWERS RELATING TO WATERWORKS OR |
|
|
SANITARY SEWER SYSTEM |
|
|
Sec. 9051.155. CHARGES, FEES, AND TOLLS; PENALTY FOR |
|
|
FAILURE TO PAY |
|
|
Sec. 9051.156. SURVEYS AND INVESTIGATIONS |
|
|
Sec. 9051.157. LIMITATION ON DISTRICT POWERS RELATING |
|
|
TO GROUNDWATER |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9051.201. TAX METHOD |
|
|
Sec. 9051.202. AUTHORITY TO IMPOSE TAX; TAX ELECTION |
|
|
Sec. 9051.203. TAX ASSESSOR AND COLLECTOR |
|
|
Sec. 9051.204. TAX RATE |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 9051.251. DEFINITION |
|
|
Sec. 9051.252. ISSUANCE OF BONDS |
|
|
Sec. 9051.253. FORM OF BONDS |
|
|
Sec. 9051.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
|
VALOREM TAXES |
|
|
Sec. 9051.255. BONDS PAYABLE FROM AD VALOREM TAXES; |
|
|
TAX RATE |
|
|
Sec. 9051.256. ELECTION NOT REQUIRED FOR CERTAIN BONDS |
|
|
Sec. 9051.257. BONDS SECURED BY REVENUE; ADDITIONAL |
|
|
BONDS |
|
|
Sec. 9051.258. CHARGES FOR DISTRICT SERVICES |
|
|
Sec. 9051.259. REFUNDING BONDS |
|
|
Sec. 9051.260. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 9051. JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT NO. 10 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9051.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Jefferson County Water |
|
|
Control and Improvement District No. 10. (Acts 54th Leg., R.S., Ch. |
|
|
245, Sec. 1 (part); New.) |
|
|
Sec. 9051.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Jefferson County created |
|
|
under Section 59, Article XVI, Texas Constitution, for the purposes |
|
|
of: |
|
|
(1) controlling, conserving, protecting, preserving, |
|
|
distributing, and using surface water; |
|
|
(2) producing, distributing, and using groundwater; |
|
|
and |
|
|
(3) regulating, controlling, and disposing of |
|
|
sewerage, waste, and other refuse to prevent the contamination of |
|
|
the public waters. (Acts 54th Leg., R.S., Ch. 245, Secs. 1 (part), |
|
|
2 (part), 3 (part).) |
|
|
Sec. 9051.003. LEGISLATIVE FINDING. The legislature finds |
|
|
that the district is essential to the accomplishment of the |
|
|
purposes of Section 59, Article XVI, Texas Constitution. (Acts 54th |
|
|
Leg., R.S., Ch. 245, Sec. 11 (part).) |
|
|
Sec. 9051.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
|
chapter shall be liberally construed to effect its purposes. (Acts |
|
|
54th Leg., R.S., Ch. 245, Sec. 11 (part).) |
|
|
Sec. 9051.005. CORRECTION OF INVALID PROCEDURES. If a |
|
|
court holds that any procedure under this chapter violates the |
|
|
constitution of this state or of the United States, the district by |
|
|
resolution may provide an alternative procedure that conforms with |
|
|
the constitution. (Acts 54th Leg., R.S., Ch. 245, Sec. 12 (part).) |
|
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATION |
|
|
Sec. 9051.051. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 3, Chapter 245, Acts |
|
|
of the 54th Legislature, Regular Session, 1955, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
Sec. 9051.052. ANNEXATION OF DISTRICT TERRITORY BY |
|
|
MUNICIPALITY. Territory contained in the district may not be |
|
|
annexed, either wholly or partly, by a municipality unless the |
|
|
annexation is approved by a majority of the voters voting in a |
|
|
single election held jointly in the municipality and the district |
|
|
for that purpose. (Acts 54th Leg., R.S., Ch. 245, Sec. 3A.) |
|
|
SUBCHAPTER C. DISTRICT ADMINISTRATION |
|
|
Sec. 9051.101. COMPOSITION OF BOARD; TERMS. The board |
|
|
consists of five elected directors who serve staggered four-year |
|
|
terms that begin on May 16 following their election. (Acts 54th |
|
|
Leg., R.S., Ch. 245, Sec. 4 (part).) |
|
|
Sec. 9051.102. QUALIFICATIONS FOR OFFICE. A director must: |
|
|
(1) be a resident, qualified voter; and |
|
|
(2) own taxable property in the district. (Acts 54th |
|
|
Leg., R.S., Ch. 245, Sec. 4 (part).) |
|
|
Sec. 9051.103. DIRECTOR'S BOND. (a) Each director must |
|
|
qualify by giving bond in the amount of $5,000 for the faithful |
|
|
performance of the director's duties. |
|
|
(b) The bond must be recorded in the official bond records |
|
|
of the county. (Acts 54th Leg., R.S., Ch. 245, Sec. 4 (part).) |
|
|
Sec. 9051.104. QUORUM. Any three members of the board |
|
|
constitute a quorum. (Acts 54th Leg., R.S., Ch. 245, Sec. 4 |
|
|
(part).) |
|
|
Sec. 9051.105. OFFICERS. The board shall elect from among |
|
|
its members a president, a vice president, and a |
|
|
secretary-treasurer. (Acts 54th Leg., R.S., Ch. 245, Sec. 4 |
|
|
(part).) |
|
|
Sec. 9051.106. EMPLOYEES. The board may employ engineers, |
|
|
attorneys, and other technical or nontechnical employees or |
|
|
assistants and set and provide the amount and manner of their |
|
|
compensation. (Acts 54th Leg., R.S., Ch. 245, Sec. 4 (part).) |
|
|
Sec. 9051.107. EXPENDITURES. The board may provide for the |
|
|
payment of expenditures considered essential to the proper |
|
|
maintenance and administration of the district. (Acts 54th Leg., |
|
|
R.S., Ch. 245, Sec. 4 (part).) |
|
|
Sec. 9051.108. COMPENSATION OF DIRECTORS. (a) A director |
|
|
shall receive a fee of $3 per day for attending each board meeting, |
|
|
except that not more than $6 per day may be paid to a director for |
|
|
meetings held in any one calendar month. |
|
|
(b) In all areas of conflict with Subsection (a) of this |
|
|
section, Section 49.060, Water Code, takes precedence. |
|
|
(c) A director's compensation may be increased as |
|
|
authorized by Section 49.060, Water Code, by resolution adopted by |
|
|
the board in accordance with Subsection (e) of that section on or |
|
|
after September 1, 1995. (Acts 54th Leg., R.S., Ch. 245, Sec. 4 |
|
|
(part); New.) |
|
|
Sec. 9051.109. BUDGET. (a) Before the adoption of the |
|
|
district's annual tax rate, the president of the board must |
|
|
prepare, or have prepared, and the board must approve a budget to |
|
|
cover all proposed expenditures of the district for the succeeding |
|
|
tax year. |
|
|
(b) The budget must: |
|
|
(1) be itemized to make as clear as practicable a |
|
|
comparison between the expenditures included in the proposed budget |
|
|
and the actual expenditures for the same or similar purposes for the |
|
|
preceding tax year; |
|
|
(2) show as definitely as possible each project for |
|
|
which appropriations are included in the budget and the estimated |
|
|
amount of money included in the budget for each project; and |
|
|
(3) contain a complete financial statement of the |
|
|
district showing: |
|
|
(A) all outstanding obligations; |
|
|
(B) the cash on hand to the credit of each fund; |
|
|
(C) the money received from all sources during |
|
|
the preceding year; |
|
|
(D) the money available from all sources during |
|
|
the succeeding year; |
|
|
(E) the estimated revenue available to cover the |
|
|
proposed budget; and |
|
|
(F) the estimated tax rate required for the |
|
|
succeeding tax year. (Acts 54th Leg., R.S., Ch. 245, Sec. 6 (part).) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9051.151. GENERAL POWERS. (a) Except as otherwise |
|
|
provided by this chapter, the district has all the powers and duties |
|
|
granted to water control and improvement districts by Chapters 49 |
|
|
and 51, Water Code, and all other laws applicable to water control |
|
|
and improvement districts. |
|
|
(b) The district may formulate and execute any plan |
|
|
considered essential to the accomplishment of the purposes for |
|
|
which it is created. (Acts 54th Leg., R.S., Ch. 245, Sec. 2 (part).) |
|
|
Sec. 9051.152. DISTRICT PROPERTY. (a) The district may |
|
|
acquire, maintain, use, and operate property of any kind or any |
|
|
interest in property necessary to the exercise of the powers, |
|
|
rights, privileges, and functions of the district under this |
|
|
chapter. |
|
|
(b) The district may acquire property or an interest in |
|
|
property as provided by Subsection (a) by purchase, construction, |
|
|
lease, gift, or any other manner. (Acts 54th Leg., R.S., Ch. 245, |
|
|
Sec. 8.) |
|
|
Sec. 9051.153. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, telegraph or telephone property or facility, or |
|
|
pipeline, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 54th Leg., R.S., Ch. 245, Sec. 8A.) |
|
|
Sec. 9051.154. POWERS RELATING TO WATERWORKS OR SANITARY |
|
|
SEWER SYSTEM. The district may purchase, construct, or otherwise |
|
|
acquire a waterworks or sanitary sewer system and may: |
|
|
(1) own and operate the system; and |
|
|
(2) construct an addition, extension, or improvement |
|
|
to the system. (Acts 54th Leg., R.S., Ch. 245, Sec. 2 (part).) |
|
|
Sec. 9051.155. CHARGES, FEES, AND TOLLS; PENALTY FOR |
|
|
FAILURE TO PAY. The district may set and collect charges, fees, or |
|
|
tolls for the services of its water and sanitary systems and |
|
|
facilities and impose penalties for the failure to pay when due |
|
|
those charges, fees, or tolls. (Acts 54th Leg., R.S., Ch. 245, Sec. |
|
|
7.) |
|
|
Sec. 9051.156. SURVEYS AND INVESTIGATIONS. The board may |
|
|
conduct or arrange for a survey or an engineering investigation to |
|
|
provide information for the district to facilitate the |
|
|
accomplishment of a district purpose. (Acts 54th Leg., R.S., Ch. |
|
|
245, Sec. 4 (part).) |
|
|
Sec. 9051.157. LIMITATION ON DISTRICT POWERS RELATING TO |
|
|
GROUNDWATER. The district may not adopt or enforce a rule relating |
|
|
to or require a permit for the production or use of groundwater by |
|
|
others. (Acts 54th Leg., R.S., Ch. 245, Sec. 2 (part).) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9051.201. TAX METHOD. The district shall use the ad |
|
|
valorem plan of taxation. (Acts 54th Leg., R.S., Ch. 245, Sec. 2 |
|
|
(part).) |
|
|
Sec. 9051.202. AUTHORITY TO IMPOSE TAX; TAX ELECTION. (a) |
|
|
If a tax is authorized at an election under Section 49.107, Water |
|
|
Code, the district may impose a tax to provide money: |
|
|
(1) necessary to construct or acquire, maintain, and |
|
|
operate improvements, works, plants, and facilities considered |
|
|
essential or beneficial to the district; or |
|
|
(2) adequate to defray the cost of the maintenance, |
|
|
operation, and administration of the district. |
|
|
(b) An election for the imposition of taxes authorized by |
|
|
this section must be ordered by the board. (Acts 54th Leg., R.S., |
|
|
Ch. 245, Sec. 5 (part).) |
|
|
Sec. 9051.203. TAX ASSESSOR AND COLLECTOR. The board shall |
|
|
appoint a tax assessor and collector. (Acts 54th Leg., R.S., Ch. |
|
|
245, Sec. 6 (part).) |
|
|
Sec. 9051.204. TAX RATE. The board shall set the tax rate |
|
|
of the district annually and certify the rate to the tax assessor |
|
|
and collector. (Acts 54th Leg., R.S., Ch. 245, Sec. 6 (part).) |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 9051.251. DEFINITION. In this subchapter, "net |
|
|
revenue" means the gross revenue of the district minus the amount |
|
|
necessary to pay the cost of maintaining and operating the district |
|
|
and its property. (Acts 54th Leg., R.S., Ch. 245, Sec. 9(c) |
|
|
(part).) |
|
|
Sec. 9051.252. ISSUANCE OF BONDS. (a) To accomplish |
|
|
district purposes, the board may borrow money, issue bonds, and |
|
|
prescribe the method of payment of the bonds by the use of net |
|
|
revenue, taxes, or both net revenue and taxes. |
|
|
(b) Bonds must be authorized by a board resolution. |
|
|
(c) In the resolution authorizing the bonds, the district |
|
|
may set aside an amount from the bond proceeds for: |
|
|
(1) the payment of interest expected to accrue during |
|
|
construction; and |
|
|
(2) a reserve interest and sinking fund. |
|
|
(d) Bond proceeds may be used to pay all expenses |
|
|
necessarily incurred in accomplishing district purposes, including |
|
|
the expenses of issuing and selling the bonds. |
|
|
(e) Pending the use of bond proceeds for the purpose for |
|
|
which the bonds were issued, the board may invest the proceeds in |
|
|
obligations of the United States. (Acts 54th Leg., R.S., Ch. 245, |
|
|
Secs. 9(a), (b) (part), (f).) |
|
|
Sec. 9051.253. FORM OF BONDS. District bonds must be: |
|
|
(1) signed by the president; and |
|
|
(2) attested by the secretary. (Acts 54th Leg., R.S., |
|
|
Ch. 245, Sec. 9(b) (part).) |
|
|
Sec. 9051.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
|
partly from ad valorem taxes may not be issued unless authorized by |
|
|
a majority of the district voters voting at an election. |
|
|
(b) The board may order an election under this section |
|
|
without a petition. The order must specify: |
|
|
(1) the time and places at which the election will be |
|
|
held; |
|
|
(2) the purpose for which the bonds will be issued; |
|
|
(3) the maximum amount of the bonds; |
|
|
(4) the maximum maturity of the bonds; |
|
|
(5) the maximum interest rate; |
|
|
(6) the form of the ballot; and |
|
|
(7) the presiding judge for each voting place. |
|
|
(c) Notice of the election must be given by publishing a |
|
|
substantial copy of the order in a newspaper of general circulation |
|
|
in the district. The notice must be published once each week for |
|
|
two consecutive weeks. The first publication must be at least 14 |
|
|
days before the date of the election. (Acts 54th Leg., R.S., Ch. |
|
|
245, Sec. 9(i) (part).) |
|
|
Sec. 9051.255. BONDS PAYABLE FROM AD VALOREM TAXES; TAX |
|
|
RATE. (a) If bonds are issued payable wholly or partly from ad |
|
|
valorem taxes, the board shall impose a tax sufficient to pay the |
|
|
bonds and the interest on the bonds as the bonds and interest become |
|
|
due. |
|
|
(b) The board may adopt the rate of a tax imposed under |
|
|
Subsection (a) for any year after giving consideration to the money |
|
|
received from the pledged revenue that may be available for payment |
|
|
of principal and interest to the extent and in the manner permitted |
|
|
by the resolution authorizing the issuance of the bonds. (Acts 54th |
|
|
Leg., R.S., Ch. 245, Sec. 9(d).) |
|
|
Sec. 9051.256. ELECTION NOT REQUIRED FOR CERTAIN BONDS. |
|
|
Bonds payable solely from the district's net revenue, from the |
|
|
proceeds of any water contract, or from any source other than ad |
|
|
valorem taxes may be issued pursuant to a board resolution without a |
|
|
hearing or election. (Acts 54th Leg., R.S., Ch. 245, Sec. 9(i) |
|
|
(part).) |
|
|
Sec. 9051.257. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
|
District bonds may be secured by a pledge of all or part of the net |
|
|
revenue of the district, or by the net revenue of one or more |
|
|
contracts made before or after the issuance of the bonds, or other |
|
|
revenue in the manner specified by board resolution. The pledge may |
|
|
reserve the right, under conditions specified by the pledge, to |
|
|
issue additional bonds that will be on a parity with or subordinate |
|
|
to the bonds then being issued. (Acts 54th Leg., R.S., Ch. 245, |
|
|
Sec. 9(c) (part).) |
|
|
Sec. 9051.258. CHARGES FOR DISTRICT SERVICES. If district |
|
|
bonds payable wholly or partly from revenue are issued, the board |
|
|
shall set by contract with the persons who contract with it for a |
|
|
water supply or water or sewer facilities the rates of compensation |
|
|
for water sold and water or sewer services provided by the district. |
|
|
The rates must be sufficient to pay: |
|
|
(1) the expense of operating and maintaining the |
|
|
district and its facilities; and |
|
|
(2) all obligations incurred by the district as they |
|
|
mature, including the reserve fund and other funds as may be |
|
|
provided for the bonds or other contracts under the terms of the |
|
|
bonds or other contracts and as may be provided in the board |
|
|
resolution pertaining to the bonds or other contracts. (Acts 54th |
|
|
Leg., R.S., Ch. 245, Sec. 9(e).) |
|
|
Sec. 9051.259. REFUNDING BONDS. (a) The board may issue |
|
|
refunding bonds without an election to refund outstanding bonds |
|
|
issued under this subchapter and interest on those bonds. |
|
|
(b) Refunding bonds may be issued to refund bonds of more |
|
|
than one series. |
|
|
(c) In the case of bonds secured wholly or partly by net |
|
|
revenue, the district may: |
|
|
(1) combine the pledges for the outstanding bonds for |
|
|
the security of the refunding bonds; or |
|
|
(2) secure the refunding bonds by a pledge of other or |
|
|
additional revenue. |
|
|
(d) The provisions of this subchapter regarding the |
|
|
issuance of other bonds and the rights and remedies of the holders |
|
|
apply to refunding bonds. (Acts 54th Leg., R.S., Ch. 245, Sec. |
|
|
9(h).) |
|
|
Sec. 9051.260. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this chapter, the transfer of the bond, and the income from |
|
|
the bond, including profits on the sale of the bond, are exempt from |
|
|
taxation by this state or by any political subdivision of this |
|
|
state. (Acts 54th Leg., R.S., Ch. 245, Sec. 10.) |
|
|
CHAPTER 9052. FLAMINGO ISLES MUNICIPAL UTILITY DISTRICT OF |
|
|
GALVESTON COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9052.001. DEFINITIONS |
|
|
Sec. 9052.002. NATURE OF DISTRICT |
|
|
Sec. 9052.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9052.004. DISSOLUTION OF DISTRICT |
|
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
|
Sec. 9052.051. DISTRICT TERRITORY |
|
|
Sec. 9052.052. ADDITION OF LAND TO DISTRICT |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9052.101. COMPOSITION OF BOARD |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9052.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9052.152. RECLAMATION AND DRAINAGE |
|
|
Sec. 9052.153. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 9052.154. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9052.155. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9052.156. DURATION OF CONTRACT FOR WATER PURCHASE |
|
|
OR SALE |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9052.201. TAX METHOD |
|
|
Sec. 9052.202. DEPOSITORY |
|
|
CHAPTER 9052. FLAMINGO ISLES MUNICIPAL UTILITY DISTRICT OF |
|
|
GALVESTON COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9052.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "District" means the Flamingo Isles Municipal |
|
|
Utility District of Galveston County, Texas. (Acts 59th Leg., R.S., |
|
|
Ch. 613, Sec. 1 (part); New.) |
|
|
Sec. 9052.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in |
|
|
Galveston County under Section 59, Article XVI, Texas Constitution; |
|
|
(2) a water control and improvement district; and |
|
|
(3) a municipal corporation. (Acts 59th Leg., R.S., |
|
|
Ch. 613, Secs. 1 (part), 7 (part), 9 (part).) |
|
|
Sec. 9052.003. FINDINGS OF BENEFIT AND PUBLIC |
|
|
PURPOSE. (a) The district is created to serve a public use and |
|
|
benefit. |
|
|
(b) All land and other property in the district will benefit |
|
|
from the creation of the district and the improvements the district |
|
|
will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 59th Leg., |
|
|
R.S., Ch. 613, Secs. 7 (part), 9 (part).) |
|
|
Sec. 9052.004. DISSOLUTION OF DISTRICT. The district may |
|
|
be dissolved by the board in accordance with Sections |
|
|
51.781-51.791, Water Code. (Acts 59th Leg., R.S., Ch. 613, Sec. 5 |
|
|
(part).) |
|
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
|
Sec. 9052.051. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 1, Chapter 613, Acts |
|
|
of the 59th Legislature, Regular Session, 1965, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9052.052 or its predecessor statute, |
|
|
former Section 5, Chapter 613, Acts of the 59th Legislature, |
|
|
Regular Session, 1965; or |
|
|
(4) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue bonds or to pay the |
|
|
principal of and interest on the bonds; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or its |
|
|
governing body. (Acts 59th Leg., R.S., Ch. 613, Sec. 2; New.) |
|
|
Sec. 9052.052. ADDITION OF LAND TO DISTRICT. The district |
|
|
may not add land to the district unless: |
|
|
(1) an owner of land adjacent or contiguous to the |
|
|
district requests in writing that the district add land; |
|
|
(2) the owner of the land to be added consents to the |
|
|
addition; and |
|
|
(3) the land is adjacent or contiguous to the district |
|
|
when added. (Acts 59th Leg., R.S., Ch. 613, Sec. 5 (part).) |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9052.101. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 59th Leg., R.S., Ch. 613, Sec. 4 |
|
|
(part).) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9052.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
|
|
Leg., R.S., Ch. 613, Sec. 3 (part).) |
|
|
Sec. 9052.152. RECLAMATION AND DRAINAGE. The district may |
|
|
provide for the reclamation and drainage of overflowed land and |
|
|
other land needing drainage in the district. (Acts 59th Leg., R.S., |
|
|
Ch. 613, Sec. 3 (part).) |
|
|
Sec. 9052.153. ACQUISITION OF IMPROVEMENTS. The district |
|
|
may make, construct, or otherwise acquire existing improvements or |
|
|
improvements to be made, constructed, or acquired, inside or |
|
|
outside the district, that are necessary to carry out a power |
|
|
granted to the district under this chapter or a general law |
|
|
described by Section 9052.151. (Acts 59th Leg., R.S., Ch. 613, Sec. |
|
|
3 (part).) |
|
|
Sec. 9052.154. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted by this |
|
|
chapter makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telephone or telegraph property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 59th Leg., R.S., Ch. |
|
|
613, Sec. 3 (part).) |
|
|
Sec. 9052.155. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may not exercise the power of eminent domain outside the district. |
|
|
(Acts 59th Leg., R.S., Ch. 613, Sec. 3 (part).) |
|
|
Sec. 9052.156. DURATION OF CONTRACT FOR WATER PURCHASE OR |
|
|
SALE. A district contract for the purchase or sale of water may not |
|
|
exceed 40 years. (Acts 59th Leg., R.S., Ch. 613, Sec. 3 (part).) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9052.201. TAX METHOD. (a) The district shall use the |
|
|
ad valorem basis or plan of taxation. |
|
|
(b) The board is not required to hold a hearing on the |
|
|
adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 613, |
|
|
Sec. 7 (part).) |
|
|
Sec. 9052.202. DEPOSITORY. (a) The board by resolution |
|
|
shall designate one or more banks inside or outside the district to |
|
|
serve as the district's depository. A designated bank serves for |
|
|
two years and until a successor is designated. |
|
|
(b) All district money shall be secured in the manner |
|
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 613, |
|
|
Sec. 8.) |
|
|
CHAPTER 9053. LAZY RIVER IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9053.001. DEFINITIONS |
|
|
Sec. 9053.002. NATURE OF DISTRICT |
|
|
Sec. 9053.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9053.004. DISTRICT TERRITORY |
|
|
Sec. 9053.005. EXPANSION OF DISTRICT |
|
|
Sec. 9053.006. HEARINGS FOR EXCLUSION OF LAND |
|
|
Sec. 9053.007. CERTAIN STATUTES NOT APPLICABLE TO |
|
|
DISTRICT |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9053.051. BOARD OF DIRECTORS |
|
|
Sec. 9053.052. DIRECTOR'S BOND |
|
|
Sec. 9053.053. DUTY OF SECRETARY; ABSENCE OF SECRETARY |
|
|
FROM BOARD MEETING |
|
|
Sec. 9053.054. VOTE BY BOARD PRESIDENT |
|
|
Sec. 9053.055. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9053.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9053.102. ADDITIONAL POWERS |
|
|
Sec. 9053.103. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9053.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9053.105. NOTICE OF ELECTION |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9053.151. TAX METHOD |
|
|
Sec. 9053.152. DEPOSITORY |
|
|
Sec. 9053.153. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9053.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9053.202. EXCHANGING BONDS FOR PROPERTY OR WORK |
|
|
Sec. 9053.203. FAILED BOND ELECTION |
|
|
Sec. 9053.204. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 9053. LAZY RIVER IMPROVEMENT DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9053.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Lazy River Improvement |
|
|
District. (Acts 59th Leg., R.S., Ch. 584, Sec. 1 (part); New.) |
|
|
Sec. 9053.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Montgomery County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 59th |
|
|
Leg., R.S., Ch. 584, Sec. 1 (part).) |
|
|
Sec. 9053.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(d) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(e) The district in carrying out the purposes of this |
|
|
chapter will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 59th Leg., R.S., Ch. 584, Secs. 1 (part), |
|
|
4, 22 (part).) |
|
|
Sec. 9053.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 584, Acts |
|
|
of the 59th Legislature, Regular Session, 1965, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9053.005 of this chapter or its |
|
|
predecessor statute, former Section 16, Chapter 584, Acts of the |
|
|
59th Legislature, Regular Session, 1965; or |
|
|
(4) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type or kind of |
|
|
bond or to pay the principal of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or the |
|
|
board. (Acts 59th Leg., R.S., Ch. 584, Sec. 3; New.) |
|
|
Sec. 9053.005. EXPANSION OF DISTRICT. (a) Except as |
|
|
otherwise provided by this section, the district may annex |
|
|
territory as provided by Section 49.302, Water Code. |
|
|
(b) Territory may not be annexed to the district without the |
|
|
written consent of at least a three-fourths majority of all |
|
|
landowners in the territory to be annexed whose land must also |
|
|
constitute at least three-fourths of the value of all land in the |
|
|
territory to be annexed, as shown by the tax rolls of the county in |
|
|
which the territory to be annexed is located. |
|
|
(c) A finding by the district that the requirements of |
|
|
Subsection (b) have been met is: |
|
|
(1) conclusive for all purposes; and |
|
|
(2) not subject to judicial review. (Acts 59th Leg., |
|
|
R.S., Ch. 584, Sec. 16.) |
|
|
Sec. 9053.006. HEARINGS FOR EXCLUSION OF LAND. (a) The |
|
|
board is not required to call or hold a hearing on the exclusion of |
|
|
land or other property from the district; provided, however, that |
|
|
the board shall hold a hearing if an owner of land or other property |
|
|
located in the district files a written request for a hearing with |
|
|
the board secretary before the district's first bond election is |
|
|
called. |
|
|
(b) This section may not be construed to prevent the board |
|
|
on its own motion from calling and holding an exclusion hearing |
|
|
under general law. (Acts 59th Leg., R.S., Ch. 584, Sec. 7.) |
|
|
Sec. 9053.007. CERTAIN STATUTES NOT APPLICABLE TO DISTRICT. |
|
|
(a) The district is created notwithstanding the provisions of |
|
|
Chapter 160, Acts of the 58th Legislature, Regular Session, 1963 |
|
|
(former Article 970a, Vernon's Texas Civil Statutes), as those |
|
|
provisions existed on June 17, 1965, and those provisions do not |
|
|
apply to the district. |
|
|
(b) Any conflict between this section and subsequent |
|
|
amendments to provisions described by Subsection (a) or the |
|
|
subsequent codification of provisions described by Subsection (a) |
|
|
in the Local Government Code is governed by the rules of statutory |
|
|
construction, including Sections 311.025(a) and 311.026, |
|
|
Government Code (Code Construction Act). (Acts 59th Leg., R.S., Ch. |
|
|
584, Sec. 13; New.) |
|
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
|
Sec. 9053.051. BOARD OF DIRECTORS. (a) The board consists |
|
|
of five elected directors. |
|
|
(b) To be appointed as a director, a person must: |
|
|
(1) be at least 18 years of age; and |
|
|
(2) reside in this state. |
|
|
(c) Such director is not required to reside in the district. |
|
|
(d) Such director is not required to own land in the |
|
|
district, but before the district awards any construction |
|
|
contracts, each director must own land in the district subject to |
|
|
district taxation. (Acts 59th Leg., R.S., Ch. 584, Sec. 9 (part).) |
|
|
Sec. 9053.052. DIRECTOR'S BOND. Each director shall give a |
|
|
bond in the amount of $5,000 for the faithful performance of the |
|
|
director's duties. (Acts 59th Leg., R.S., Ch. 584, Sec. 9 (part).) |
|
|
Sec. 9053.053. DUTY OF SECRETARY; ABSENCE OF SECRETARY FROM |
|
|
BOARD MEETING. (a) The board secretary shall sign the minutes of |
|
|
each board meeting. |
|
|
(b) If the board secretary is absent from a board meeting, |
|
|
the board shall name a secretary pro tem for the meeting who may: |
|
|
(1) exercise all powers and duties of the secretary |
|
|
for the meeting; |
|
|
(2) sign the minutes of the meeting; and |
|
|
(3) attest all orders passed or other action taken at |
|
|
the meeting. (Acts 59th Leg., R.S., Ch. 584, Sec. 9 (part).) |
|
|
Sec. 9053.054. VOTE BY BOARD PRESIDENT. The board |
|
|
president has the same right to vote as any other director. (Acts |
|
|
59th Leg., R.S., Ch. 584, Sec. 9 (part).) |
|
|
Sec. 9053.055. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
|
When the board president is absent or fails or declines to act, the |
|
|
board vice president shall perform all duties and exercise all |
|
|
power this chapter or general law gives the president. (Acts 59th |
|
|
Leg., R.S., Ch. 584, Sec. 9 (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9053.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
|
|
Leg., R.S., Ch. 584, Sec. 5 (part); New.) |
|
|
Sec. 9053.102. ADDITIONAL POWERS. (a) The district may: |
|
|
(1) purchase, construct, or otherwise acquire a |
|
|
waterworks system, sanitary sewer system, storm sewer system, or |
|
|
drainage facility or any part of those systems or facilities; |
|
|
(2) make any purchase, construction, improvement, |
|
|
extension, addition, or repair necessary to a system or facility |
|
|
described by Subdivision (1); |
|
|
(3) purchase or otherwise acquire, operate, and |
|
|
maintain any land, right-of-way, easement, site, equipment, |
|
|
building, plant, structure, or facility necessary for a system or |
|
|
facility described by Subdivision (1); and |
|
|
(4) sell water and other services. |
|
|
(b) The district may exercise any of the rights or powers |
|
|
granted by this chapter inside or outside the district's |
|
|
boundaries, but only in Montgomery County. (Acts 59th Leg., R.S., |
|
|
Ch. 584, Sec. 17 (part).) |
|
|
Sec. 9053.103. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may exercise the power of eminent domain only in Montgomery County. |
|
|
(Acts 59th Leg., R.S., Ch. 584, Sec. 12 (part).) |
|
|
Sec. 9053.104. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, telegraph or telephone property or facility, or |
|
|
pipeline, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 59th Leg., R.S., Ch. 584, Sec. 12 |
|
|
(part).) |
|
|
Sec. 9053.105. NOTICE OF ELECTION. Notice of an election |
|
|
may be given under the hand of the board president or secretary. |
|
|
(Acts 59th Leg., R.S., Ch. 584, Sec. 20.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9053.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to call or hold a hearing on |
|
|
the adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 584, |
|
|
Sec. 8.) |
|
|
Sec. 9053.152. DEPOSITORY. (a) The board shall select one |
|
|
or more banks or trust companies in this state to act as a |
|
|
depository of bond proceeds or of revenue derived from the |
|
|
operation of district facilities. |
|
|
(b) The depository shall, as determined by the board: |
|
|
(1) furnish indemnity bonds; |
|
|
(2) pledge securities; or |
|
|
(3) meet any other requirements. (Acts 59th Leg., |
|
|
R.S., Ch. 584, Sec. 15.) |
|
|
Sec. 9053.153. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The district is not required to pay a tax or assessment on: |
|
|
(1) a district project or any part of the project; or |
|
|
(2) a district purchase. (Acts 59th Leg., R.S., Ch. |
|
|
584, Sec. 22 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9053.201. AUTHORITY TO ISSUE BONDS. The district may: |
|
|
(1) issue bonds of any kind to carry out any purpose |
|
|
authorized by this chapter; and |
|
|
(2) provide for and make payment for the bonds and for |
|
|
any expense necessarily incurred in connection with the issuance of |
|
|
the bonds. (Acts 59th Leg., R.S., Ch. 584, Sec. 17 (part).) |
|
|
Sec. 9053.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The |
|
|
district may exchange bonds, including refunding bonds: |
|
|
(1) for property acquired by purchase; or |
|
|
(2) in payment of the contract price of work performed |
|
|
or materials or services provided for the use and benefit of the |
|
|
district. (Acts 59th Leg., R.S., Ch. 584, Sec. 18 (part).) |
|
|
Sec. 9053.203. FAILED BOND ELECTION. (a) A general law, |
|
|
including Sections 51.781-51.791, Water Code, that provides for |
|
|
calling a hearing on the dissolution of a district after a failed |
|
|
district bond election does not apply to the district. |
|
|
(b) After the expiration of 30 days from the date of a failed |
|
|
bond election, the board may call a subsequent bond election. |
|
|
(c) The district continues to exist and retain its full |
|
|
power to function and operate regardless of the outcome of a bond |
|
|
election. (Acts 59th Leg., R.S., Ch. 584, Sec. 19.) |
|
|
Sec. 9053.204. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this chapter, the transfer of the bond, and income from the |
|
|
bond, including profits made on the sale of the bond, are exempt |
|
|
from taxation in this state. (Acts 59th Leg., R.S., Ch. 584, Sec. |
|
|
22 (part).) |
|
|
CHAPTER 9055. WISE COUNTY WATER SUPPLY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9055.001. DEFINITIONS |
|
|
Sec. 9055.002. NATURE OF DISTRICT |
|
|
Sec. 9055.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
|
TERRITORY |
|
|
Sec. 9055.051. DISTRICT TERRITORY |
|
|
Sec. 9055.052. AUTHORITY TO ANNEX TERRITORY |
|
|
Sec. 9055.053. PETITION FOR ANNEXATION; BOARD FINDINGS |
|
|
AND RESOLUTION; HEARING |
|
|
Sec. 9055.054. ANNEXATION HEARING |
|
|
Sec. 9055.055. BOARD FINDINGS AND RESOLUTION; ELECTION |
|
|
Sec. 9055.056. NOTICE OF ANNEXATION ELECTION |
|
|
Sec. 9055.057. ELECTION RESULTS |
|
|
Sec. 9055.058. ANNEXATION OF CERTAIN MUNICIPAL |
|
|
TERRITORY |
|
|
Sec. 9055.059. ASSUMPTION OF DEBT; TAXES |
|
|
Sec. 9055.060. RESTRICTION ON ANNEXATION OF RAILROAD |
|
|
RIGHT-OF-WAY, TRANSMISSION LINE, OR |
|
|
OTHER UTILITY PROPERTY |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9055.101. BOARD |
|
|
Sec. 9055.102. APPOINTMENT OF DIRECTORS |
|
|
Sec. 9055.103. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 9055.104. VACANCY |
|
|
Sec. 9055.105. OFFICERS |
|
|
Sec. 9055.106. VOTE BY BOARD PRESIDENT |
|
|
Sec. 9055.107. DIRECTOR AND TREASURER BONDS |
|
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
|
Sec. 9055.151. CONSTRUCTION OF DAM |
|
|
Sec. 9055.152. SOURCES OF WATER |
|
|
Sec. 9055.153. CONSTRUCTION OR ACQUISITION OF PROPERTY |
|
|
Sec. 9055.154. WATER APPROPRIATION PERMITS |
|
|
Sec. 9055.155. PURCHASE OF WATER |
|
|
Sec. 9055.156. EMINENT DOMAIN |
|
|
Sec. 9055.157. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9055.158. CONSTRUCTION CONTRACTS |
|
|
Sec. 9055.159. CONTRACTS TO SUPPLY WATER AND OPERATE |
|
|
FACILITIES |
|
|
Sec. 9055.160. ADOPTION OF RULES |
|
|
Sec. 9055.161. APPLICABILITY AND ENFORCEMENT OF |
|
|
CERTAIN LAWS |
|
|
SUBCHAPTER E. GENERAL FINANCIAL AND ADMINISTRATIVE PROVISIONS |
|
|
Sec. 9055.201. DEPOSITORY |
|
|
Sec. 9055.202. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
|
TAXATION |
|
|
Sec. 9055.203. COLLECTION OF DISTRICT TAXES; CONTRACTS |
|
|
FOR PERFORMANCE OF ADMINISTRATIVE |
|
|
DUTIES |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 9055.251. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9055.252. FORM OF BONDS |
|
|
Sec. 9055.253. MATURITY |
|
|
Sec. 9055.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
|
VALOREM TAXES |
|
|
Sec. 9055.255. BONDS PAYABLE FROM REVENUE |
|
|
Sec. 9055.256. BONDS PAYABLE FROM AD VALOREM TAXES |
|
|
Sec. 9055.257. TAX AND RATE REQUIREMENTS |
|
|
Sec. 9055.258. ADDITIONAL SECURITY |
|
|
Sec. 9055.259. USE OF BOND PROCEEDS |
|
|
Sec. 9055.260. APPOINTMENT OF RECEIVER |
|
|
Sec. 9055.261. REFUNDING BONDS |
|
|
Sec. 9055.262. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 9055. WISE COUNTY WATER SUPPLY DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9055.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Wise County Water Supply |
|
|
District. (Acts 53rd Leg., R.S., Ch. 268, Sec. 1 (part); New.) |
|
|
Sec. 9055.002. NATURE OF DISTRICT. The district is created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 53rd |
|
|
Leg., R.S., Ch. 268, Sec. 1 (part).) |
|
|
Sec. 9055.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
All land in the district will benefit from the improvements to be |
|
|
acquired and constructed by the district. |
|
|
(b) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(c) The district, in carrying out the purposes of this |
|
|
chapter, will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 53rd Leg., R.S., Ch. 268, Secs. 2 (part), |
|
|
19 (part).) |
|
|
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
|
|
TERRITORY |
|
|
Sec. 9055.051. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 2, Chapter 268, Acts |
|
|
of the 53rd Legislature, Regular Session, 1953, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter J, Chapter 49, Water Code; |
|
|
(2) this subchapter or its predecessor statute, former |
|
|
Section 5, Chapter 268, Acts of the 53rd Legislature, Regular |
|
|
Session, 1953; or |
|
|
(3) other law. (Acts 53rd Leg., R.S., Ch. 268, Sec. 2 |
|
|
(part); New.) |
|
|
Sec. 9055.052. AUTHORITY TO ANNEX TERRITORY. Territory |
|
|
inside Wise County, whether contiguous to the district or not, may |
|
|
be annexed to the district in the manner provided by this |
|
|
subchapter. (Acts 53rd Leg., R.S., Ch. 268, Sec. 5 (part).) |
|
|
Sec. 9055.053. PETITION FOR ANNEXATION; BOARD FINDINGS AND |
|
|
RESOLUTION; HEARING. (a) The board may annex territory under this |
|
|
subchapter if a petition requesting annexation is signed by 50 |
|
|
registered voters of the territory to be annexed who own taxable |
|
|
property in that territory, or by a majority of the registered |
|
|
voters of that territory who own taxable property in that |
|
|
territory, and is filed with the board. The petition must describe |
|
|
the territory to be annexed by metes and bounds. |
|
|
(b) If the board determines that the petition complies with |
|
|
Subsection (a), that the annexation would be in the interest of the |
|
|
district, and that the district will be able to supply water to the |
|
|
territory, the board shall: |
|
|
(1) adopt a resolution declaring its intention to call |
|
|
an election in the territory to submit the proposition of whether |
|
|
the territory is to be annexed to the district; and |
|
|
(2) set a time and place to hold a board hearing on the |
|
|
question of whether the territory to be annexed will benefit from |
|
|
the improvements, works, and facilities then owned or operated or |
|
|
contemplated to be owned or operated by the district. (Acts 53rd |
|
|
Leg., R.S., Ch. 268, Secs. 5(a), (b).) |
|
|
Sec. 9055.054. ANNEXATION HEARING. (a) At least 10 days |
|
|
before the date of the annexation hearing, notice of the adoption of |
|
|
the resolution stating the time and place of the hearing and |
|
|
addressed to the citizens and owners of property in the territory to |
|
|
be annexed shall be published one time in a newspaper of general |
|
|
circulation in the territory to be annexed. The notice must |
|
|
describe the territory in the same manner in which Section |
|
|
9055.053(a) requires the petition to describe the territory. |
|
|
(b) If a newspaper of general circulation is not published |
|
|
in the territory to be annexed, the notice shall be posted in three |
|
|
public places in the territory. |
|
|
(c) Any interested person may appear at the hearing and |
|
|
offer evidence for or against the annexation. |
|
|
(d) The hearing may proceed in the order and under the rules |
|
|
prescribed by the board and may be recessed from time to time. |
|
|
(Acts 53rd Leg., R.S., Ch. 268, Secs. 5(c), (d) (part).) |
|
|
Sec. 9055.055. BOARD FINDINGS AND RESOLUTION; ELECTION. |
|
|
If, at the conclusion of the annexation hearing, the board finds |
|
|
that all land in the territory to be annexed will benefit from the |
|
|
present or contemplated improvements, works, or facilities of the |
|
|
district, the board shall adopt a resolution that: |
|
|
(1) calls an election in the territory to be annexed; |
|
|
and |
|
|
(2) states the date of the election and the place or |
|
|
places of holding the election. (Acts 53rd Leg., R.S., Ch. 268, |
|
|
Sec. 5(d) (part).) |
|
|
Sec. 9055.056. NOTICE OF ANNEXATION ELECTION. At least 10 |
|
|
days before the date set for the election, notice of the election |
|
|
must be published one time in a newspaper of general circulation in |
|
|
the district. In addition to the requirements of Section 4.004, |
|
|
Election Code, notice of the annexation election must: |
|
|
(1) state the conditions under which the territory may |
|
|
be annexed; or |
|
|
(2) refer to the resolution of the board for that |
|
|
purpose. (Acts 53rd Leg., R.S., Ch. 268, Sec. 5(e).) |
|
|
Sec. 9055.057. ELECTION RESULTS. (a) The board shall issue |
|
|
an order declaring the results of the annexation election. |
|
|
(b) If the order shows that a majority of the votes cast are |
|
|
in favor of annexation, the board shall annex the proposed |
|
|
territory to the district. The annexation is incontestable except |
|
|
within the time for contesting elections under the general election |
|
|
law. |
|
|
(c) A certified copy of the order shall be recorded in the |
|
|
deed records of the county in which the territory is located. (Acts |
|
|
53rd Leg., R.S., Ch. 268, Sec. 5(g) (part).) |
|
|
Sec. 9055.058. ANNEXATION OF CERTAIN MUNICIPAL TERRITORY. |
|
|
(a) Territory annexed to any municipality in the district may be |
|
|
annexed to the district as provided by this section. |
|
|
(b) At any time after final passage of an ordinance or |
|
|
resolution annexing territory to a municipality in the district, |
|
|
the board may give notice of a hearing on the question of annexing |
|
|
that territory or any part of that territory to the district. The |
|
|
notice is sufficient if it: |
|
|
(1) states the date and place of the hearing; and |
|
|
(2) describes the area proposed to be annexed or |
|
|
refers to the annexation ordinance or resolution of the |
|
|
municipality. |
|
|
(c) At least 10 days before the date set for the hearing, the |
|
|
notice must be published one time in a newspaper of general |
|
|
circulation in the annexing municipality. |
|
|
(d) If, as a result of the hearing, the board finds that the |
|
|
territory will benefit from the water supplied or to be supplied by |
|
|
the district, the board shall adopt a resolution annexing the |
|
|
territory to the district. (Acts 53rd Leg., R.S., Ch. 268, Sec. |
|
|
5(h).) |
|
|
Sec. 9055.059. ASSUMPTION OF DEBT; TAXES. (a) After |
|
|
territory is annexed to the district, the board may hold an election |
|
|
in the district as enlarged to determine whether the district as |
|
|
enlarged shall assume any tax-supported bonds then outstanding and |
|
|
those previously voted but not yet sold and impose an ad valorem tax |
|
|
on all taxable property in the district as enlarged to pay the |
|
|
bonds, unless the proposition is voted along with the annexation |
|
|
election and becomes binding on the territory annexed. |
|
|
(b) An election held under Subsection (a) shall be held in |
|
|
the same manner as an election under this chapter for the issuance |
|
|
of bonds. (Acts 53rd Leg., R.S., Ch. 268, Sec. 5(i).) |
|
|
Sec. 9055.060. RESTRICTION ON ANNEXATION OF RAILROAD |
|
|
RIGHT-OF-WAY, TRANSMISSION LINE, OR OTHER UTILITY PROPERTY. |
|
|
Railroad right-of-way, transmission lines and other property of |
|
|
electric and gas utilities that are not in the limits of a |
|
|
municipality will not benefit from improvements, works, and |
|
|
facilities the district is authorized to construct. Therefore, |
|
|
railroad right-of-way or transmission lines or other property of |
|
|
electric and gas utilities may not be annexed to the district unless |
|
|
the right-of-way, transmission lines and other property of electric |
|
|
and gas utilities are contained in the limits of a municipality |
|
|
annexed to the district. (Acts 53rd Leg., R.S., Ch. 268, Sec. 5(d) |
|
|
(part).) |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9055.101. BOARD. (a) The district is governed by a |
|
|
board of five directors. |
|
|
(b) Directors serve staggered two-year terms expiring the |
|
|
first Tuesday of May. |
|
|
(c) A majority of directors constitutes a quorum. (Acts 53rd |
|
|
Leg., R.S., Ch. 268, Sec. 3(a) (part).) |
|
|
Sec. 9055.102. APPOINTMENT OF DIRECTORS. In April of each |
|
|
year, the governing body of the City of Decatur shall appoint a |
|
|
director to succeed each director whose term expires during the |
|
|
following May. (Acts 53rd Leg., R.S., Ch. 268, Sec. 3(c) (part).) |
|
|
Sec. 9055.103. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be appointed a director unless the person resides in and owns |
|
|
taxable property in the district. |
|
|
(b) A member of a municipality's governing body or an |
|
|
employee of a municipality may not be a director. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Sec. 3(a) (part).) |
|
|
Sec. 9055.104. VACANCY. The governing body of the City of |
|
|
Decatur shall appoint a successor to fill a vacancy on the board for |
|
|
the unexpired term. (Acts 53rd Leg., R.S., Ch. 268, Sec. 3(c) |
|
|
(part).) |
|
|
Sec. 9055.105. OFFICERS. (a) The board shall elect from the |
|
|
board's membership a president, a vice president, and any other |
|
|
officers as the board determines necessary. The president is the |
|
|
chief executive officer of the district and the presiding officer |
|
|
of the board. The vice president shall act as president if the |
|
|
president is absent or fails or declines to act. |
|
|
(b) The board shall appoint a secretary and a treasurer, who |
|
|
are not required to be directors. The board may combine the offices |
|
|
of secretary and treasurer. (Acts 53rd Leg., R.S., Ch. 268, Sec. 4 |
|
|
(part).) |
|
|
Sec. 9055.106. VOTE BY BOARD PRESIDENT. The president has |
|
|
the same right to vote as any other director. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Sec. 4 (part).) |
|
|
Sec. 9055.107. DIRECTOR AND TREASURER BONDS. (a) Each |
|
|
director shall give bond in the amount of $5,000 conditioned on the |
|
|
faithful performance of the director's duties. The district shall |
|
|
pay the cost of the bond. |
|
|
(b) The treasurer shall give bond in the amount required by |
|
|
the board. The treasurer's bond shall be conditioned on the |
|
|
treasurer's faithful accounting for all money that comes into the |
|
|
treasurer's custody as treasurer of the district. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Secs. 3(a) (part), 4 (part).) |
|
|
SUBCHAPTER D. GENERAL POWERS AND DUTIES |
|
|
Sec. 9055.151. CONSTRUCTION OF DAM. (a) The district may |
|
|
impound storm and flood waters and the unappropriated flow waters |
|
|
at one or more places and in an amount approved by the Texas |
|
|
Commission on Environmental Quality by constructing one or more |
|
|
dams inside or outside the district in Wise County. In exercising |
|
|
its powers under this subsection, the district shall comply with |
|
|
Subchapters A-D, Chapter 11, and Subchapter B, Chapter 12, Water |
|
|
Code. |
|
|
(b) A dam or other works for the impounding of water under |
|
|
this section may not be constructed until the plans for the dam or |
|
|
other works are approved by the Texas Commission on Environmental |
|
|
Quality. (Acts 53rd Leg., R.S., Ch. 268, Sec. 6 (part).) |
|
|
Sec. 9055.152. SOURCES OF WATER. The district may develop |
|
|
or otherwise acquire sources of water. (Acts 53rd Leg., R.S., Ch. |
|
|
268, Sec. 6 (part).) |
|
|
Sec. 9055.153. CONSTRUCTION OR ACQUISITION OF PROPERTY. |
|
|
(a) The district may construct or otherwise acquire all works, |
|
|
plants, and other facilities necessary or useful for the purpose of |
|
|
processing water impounded, developed, or otherwise acquired and |
|
|
transporting it to municipalities and others for municipal, |
|
|
domestic, and industrial purposes. |
|
|
(b) The district, inside or outside the district, may: |
|
|
(1) construct or otherwise acquire all works, plants, |
|
|
and other facilities necessary for the purpose of receiving and |
|
|
treating water purchased from others; and |
|
|
(2) transport the water to municipalities and others |
|
|
for municipal, domestic, and industrial purposes. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Secs. 6 (part), 6a.) |
|
|
Sec. 9055.154. WATER APPROPRIATION PERMITS. The district |
|
|
may acquire water appropriation permits directly from the Texas |
|
|
Commission on Environmental Quality or from owners of permits. |
|
|
(Acts 53rd Leg., R.S., Ch. 268, Sec. 16 (part).) |
|
|
Sec. 9055.155. PURCHASE OF WATER. The district may |
|
|
purchase water or a water supply from any person. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Sec. 16 (part).) |
|
|
Sec. 9055.156. EMINENT DOMAIN. (a) To carry out a power |
|
|
provided by this chapter, the district may exercise the power of |
|
|
eminent domain to acquire land and easements inside or outside the |
|
|
district in Wise County, including land above the probable high |
|
|
water line around the reservoirs. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. |
|
|
(c) The board shall determine the amount and the type of |
|
|
interest in land and easements to be acquired under this section. |
|
|
(Acts 53rd Leg., R.S., Ch. 268, Sec. 7 (part).) |
|
|
Sec. 9055.157. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
|
the district's exercise of the power of eminent domain, the power of |
|
|
relocation, or any other power granted by this chapter makes |
|
|
necessary relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, telephone or telegraph property or facility, or |
|
|
pipeline, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 53rd Leg., R.S., Ch. 268, Sec. 7 |
|
|
(part).) |
|
|
Sec. 9055.158. CONSTRUCTION CONTRACTS. (a) This section |
|
|
applies only to a construction contract or contract for the |
|
|
purchase of materials, equipment, or supplies requiring an |
|
|
expenditure of more than $2,000. |
|
|
(b) The district shall award a contract to the lowest and |
|
|
best bidder after publishing notice to bidders once a week for two |
|
|
weeks in a newspaper published in the district that is designated by |
|
|
the board. |
|
|
(c) The notice is sufficient if it states: |
|
|
(1) the time and place for opening the bids; |
|
|
(2) the general nature of the work to be done or the |
|
|
materials, equipment, or supplies to be purchased; and |
|
|
(3) the place where and the terms on which copies of |
|
|
the plans and specifications may be obtained. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Sec. 8.) |
|
|
Sec. 9055.159. CONTRACTS TO SUPPLY WATER AND OPERATE |
|
|
FACILITIES. (a) The district may contract with municipalities and |
|
|
others to supply water to those entities. |
|
|
(b) The district may contract with a municipality for the |
|
|
rental or leasing of or for the operation of the water production, |
|
|
water supply, and water supply facilities of the municipality. |
|
|
(c) The district may contract with the City of Decatur for |
|
|
the operation of the district's facilities by the city. |
|
|
(d) The contract may be on terms and for the time agreed to |
|
|
by the parties. |
|
|
(e) The contract may provide that it will continue in effect |
|
|
until bonds specified in it and refunding bonds issued in lieu of |
|
|
the bonds are paid. (Acts 53rd Leg., R.S., Ch. 268, Sec. 14.) |
|
|
Sec. 9055.160. ADOPTION OF RULES. The board may adopt |
|
|
reasonable rules to: |
|
|
(1) secure, maintain, and preserve the sanitary |
|
|
condition of water in and water that flows into any reservoir owned |
|
|
by the district; |
|
|
(2) prevent waste of or the unauthorized use of water; |
|
|
and |
|
|
(3) regulate residence, hunting, fishing, boating, |
|
|
camping, and any other recreational or business privilege along or |
|
|
around any district reservoir and the stream leading into the |
|
|
reservoir, and its tributaries, or any body of land, or easement |
|
|
owned or controlled by the district. (Acts 53rd Leg., R.S., Ch. |
|
|
268, Sec. 21(a).) |
|
|
Sec. 9055.161. APPLICABILITY AND ENFORCEMENT OF CERTAIN |
|
|
LAWS. (a) The general laws applicable to a water control and |
|
|
improvement district for the preservation of the sanitary condition |
|
|
of water, the prevention of waste, and the regulation of hunting, |
|
|
fishing, boating, and other similar uses, apply to the district. |
|
|
(b) The law officers of the county and state shall enforce |
|
|
in court the laws described by Subsection (a). (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Sec. 21(b).) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL AND ADMINISTRATIVE PROVISIONS |
|
|
Sec. 9055.201. DEPOSITORY. (a) Except as provided by |
|
|
Subsection (i), the board shall designate one or more banks in the |
|
|
district to serve as depository for the district's money. |
|
|
(b) District money shall be deposited with a designated |
|
|
depository bank or banks, except that: |
|
|
(1) money pledged to pay bonds may be deposited with |
|
|
the trustee bank named in the trust agreement; and |
|
|
(2) money shall be remitted to the bank of payment for |
|
|
the payment of principal of and interest on bonds. |
|
|
(c) To the extent that money in a depository bank or a |
|
|
trustee bank is not insured by the Federal Deposit Insurance |
|
|
Corporation, the money must be secured in the manner provided by law |
|
|
for the security of county funds. |
|
|
(d) The board shall prescribe the terms of service for |
|
|
depositories. |
|
|
(e) Before designating a depository bank, the board shall |
|
|
issue a notice that: |
|
|
(1) states the time and place at which the board will |
|
|
meet to designate a depository bank or banks; and |
|
|
(2) invites the banks in the district to submit an |
|
|
application to be designated as a depository. |
|
|
(f) The notice must be published one time in a newspaper |
|
|
published in the district and specified by the board. |
|
|
(g) At the time stated in the notice, the board shall: |
|
|
(1) consider the application and the management and |
|
|
condition of each bank that applies; and |
|
|
(2) designate as a depository the bank or banks that: |
|
|
(A) offer the most favorable terms for handling |
|
|
the money; and |
|
|
(B) the board finds have proper management and |
|
|
are in condition to handle the money. |
|
|
(h) Membership on the board of an officer or director of a |
|
|
bank does not disqualify the bank from being designated as a |
|
|
depository. |
|
|
(i) If the board does not receive any applications before |
|
|
the time stated in the notice, or if the board rejects all |
|
|
applications, the board shall designate one or more banks located |
|
|
inside or outside the district on terms that the board finds |
|
|
advantageous to the district. (Acts 53rd Leg., R.S., Ch. 268, Sec. |
|
|
15.) |
|
|
Sec. 9055.202. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
|
The district is not required to pay a tax or assessment on a project |
|
|
or any part of a project. (Acts 53rd Leg., R.S., Ch. 268, Sec. 19 |
|
|
(part).) |
|
|
Sec. 9055.203. COLLECTION OF DISTRICT TAXES; CONTRACTS FOR |
|
|
PERFORMANCE OF ADMINISTRATIVE DUTIES. (a) The City of Decatur |
|
|
shall collect all taxes imposed by the district. |
|
|
(b) The district may enter into a contract with the City of |
|
|
Decatur under which municipal employees, including the tax |
|
|
collector and assessor of the municipality, perform administrative |
|
|
duties that might otherwise require the district to employ |
|
|
personnel. (Acts 53rd Leg., R.S., Ch. 268, Secs. 20(a) (part), |
|
|
(b).) |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 9055.251. AUTHORITY TO ISSUE BONDS. (a) The district |
|
|
may issue bonds to: |
|
|
(1) provide a source of water supply for |
|
|
municipalities and other users for municipal, domestic, and |
|
|
industrial purposes; or |
|
|
(2) carry out any other power conferred by this |
|
|
chapter. |
|
|
(b) The bonds must be authorized by a board resolution. |
|
|
(Acts 53rd Leg., R.S., Ch. 268, Secs. 9(a) (part), (b) (part), (c), |
|
|
(e) (part).) |
|
|
Sec. 9055.252. FORM OF BONDS. District bonds must be: |
|
|
(1) issued in the district's name; |
|
|
(2) signed by the president or vice president; and |
|
|
(3) attested by the secretary. (Acts 53rd Leg., R.S., |
|
|
Ch. 268, Sec. 9(b) (part).) |
|
|
Sec. 9055.253. MATURITY. District bonds must mature not |
|
|
later than 40 years after the date of their issuance. (Acts 53rd |
|
|
Leg., R.S., Ch. 268, Sec. 9(b) (part).) |
|
|
Sec. 9055.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
|
partly from ad valorem taxes may not be issued unless authorized by |
|
|
a district election held for that purpose at which a majority of the |
|
|
votes cast favor the bond issuance. |
|
|
(b) The board may order an election under this section |
|
|
without a petition. The order must specify: |
|
|
(1) the time and places at which the election will be |
|
|
held; |
|
|
(2) the purpose for which the bonds will be issued; |
|
|
(3) the maximum amount of the bonds; |
|
|
(4) the maximum maturity of the bonds; |
|
|
(5) the form of the ballot; and |
|
|
(6) the presiding judge for each voting place. |
|
|
(c) Notice of the election must be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper |
|
|
published in the district for two consecutive weeks. The first |
|
|
publication must be not later than the 21st day before the date of |
|
|
the election. (Acts 53rd Leg., R.S., Ch. 268, Secs. 12(a) (part), |
|
|
(b).) |
|
|
Sec. 9055.255. BONDS PAYABLE FROM REVENUE. (a) In this |
|
|
section, "net revenue" means the gross revenue of the district |
|
|
minus the amount necessary to pay the cost of maintaining and |
|
|
operating the district and its property. |
|
|
(b) Bonds issued under this subchapter may be secured under |
|
|
board resolution by a pledge of: |
|
|
(1) all or part of the district's net revenue; |
|
|
(2) the net revenue of one or more contracts made |
|
|
before or after the issuance of the bonds; or |
|
|
(3) other revenue specified by board resolution. |
|
|
(c) The pledge may reserve the right to issue additional |
|
|
bonds on a parity with or subordinate to the bonds being issued, |
|
|
subject to conditions specified by the pledge. |
|
|
(d) Bonds not payable wholly or partly from ad valorem taxes |
|
|
may be issued without an election. (Acts 53rd Leg., R.S., Ch. 268, |
|
|
Secs. 9(a) (part), (d), 12(a) (part).) |
|
|
Sec. 9055.256. BONDS PAYABLE FROM AD VALOREM TAXES. The |
|
|
district may issue bonds payable from: |
|
|
(1) ad valorem taxes imposed on taxable property in |
|
|
the district; or |
|
|
(2) ad valorem taxes and revenue of the district. |
|
|
(Acts 53rd Leg., R.S., Ch. 268, Sec. 9(e) (part).) |
|
|
Sec. 9055.257. TAX AND RATE REQUIREMENTS. (a) If the |
|
|
district issues bonds payable wholly or partly from ad valorem |
|
|
taxes, the board shall impose a tax sufficient to pay the bonds and |
|
|
the interest on the bonds as the bonds and interest become due. The |
|
|
board may adopt the rate of the tax after considering the money |
|
|
received from the pledged revenue available for payment of |
|
|
principal and interest to the extent and in the manner permitted by |
|
|
the resolution authorizing the issuance of the bonds. |
|
|
(b) If the district issues bonds payable wholly or partly |
|
|
from revenue, the board shall set and revise the rates of |
|
|
compensation for water sold and services rendered by the district. |
|
|
(c) For bonds payable wholly from revenue, the rates of |
|
|
compensation must be sufficient to: |
|
|
(1) pay the expense of operating and maintaining the |
|
|
facilities of the district; |
|
|
(2) pay the bonds as they mature and the interest as it |
|
|
accrues; and |
|
|
(3) maintain the reserve and other funds as provided |
|
|
by the resolution authorizing the issuance of the bonds. |
|
|
(d) For bonds payable partly from revenue, the rates of |
|
|
compensation must be sufficient to assure compliance with the |
|
|
resolution authorizing the issuance of the bonds. (Acts 53rd Leg., |
|
|
R.S., Ch. 268, Secs. 9(e) (part), (f).) |
|
|
Sec. 9055.258. ADDITIONAL SECURITY. (a) Bonds, including |
|
|
refunding bonds, authorized by this subchapter that are not payable |
|
|
wholly from ad valorem taxes may be additionally secured by a deed |
|
|
of trust lien on physical property of the district and all |
|
|
franchises, easements, water rights and appropriation permits, |
|
|
leases, contracts, and all rights appurtenant to the property, |
|
|
vesting in the trustee power to: |
|
|
(1) sell the property for payment of the debt; |
|
|
(2) operate the property; and |
|
|
(3) take other action to further secure the bonds. |
|
|
(b) The deed of trust may: |
|
|
(1) contain any provision the board prescribes to |
|
|
secure the bonds and preserve the trust estate; |
|
|
(2) provide for amendment or modification of the deed |
|
|
of trust; and |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds. |
|
|
(c) A purchaser under a sale under the deed of trust: |
|
|
(1) is the owner of the dam or dams and the other |
|
|
property and facilities purchased; and |
|
|
(2) is entitled to maintain and operate the property |
|
|
and facilities. (Acts 53rd Leg., R.S., Ch. 268, Sec. 11.) |
|
|
Sec. 9055.259. USE OF BOND PROCEEDS. (a) The district may |
|
|
set aside an amount of proceeds from the sale of bonds issued under |
|
|
this subchapter for the payment of interest expected to accrue |
|
|
during construction and for one year after construction in a |
|
|
reserve interest and sinking fund. The resolution authorizing the |
|
|
bonds may provide for setting aside and using the proceeds as |
|
|
provided by this subsection. |
|
|
(b) The district may use proceeds from the sale of the bonds |
|
|
to pay any expense necessarily incurred in accomplishing the |
|
|
purposes of the district. (Acts 53rd Leg., R.S., Ch. 268, Sec. |
|
|
9(g).) |
|
|
Sec. 9055.260. APPOINTMENT OF RECEIVER. (a) On default or |
|
|
threatened default in the payment of principal of or interest on |
|
|
bonds issued under this subchapter that are payable wholly or |
|
|
partly from revenue, a court may, on petition of the holders of 25 |
|
|
percent of the outstanding bonds of the issue in default or |
|
|
threatened with default, appoint a receiver for the district. |
|
|
(b) The receiver may collect and receive all district income |
|
|
except taxes, employ and discharge district agents and employees, |
|
|
take charge of money on hand, except money received from taxes, |
|
|
unless commingled, and manage the district's proprietary affairs |
|
|
without the consent of or hindrance by the board. |
|
|
(c) The receiver may be authorized to sell or contract for |
|
|
the sale of water or to renew those contracts with the approval of |
|
|
the court that appointed the receiver. |
|
|
(d) The court may vest the receiver with any other power or |
|
|
duty the court finds necessary to protect the bondholders. (Acts |
|
|
53rd Leg., R.S., Ch. 268, Sec. 9(h).) |
|
|
Sec. 9055.261. REFUNDING BONDS. (a) The district may issue |
|
|
refunding bonds to refund outstanding bonds issued under this |
|
|
subchapter and interest on those bonds. |
|
|
(b) Refunding bonds may: |
|
|
(1) be issued to refund bonds of more than one series; |
|
|
(2) combine the pledges for the outstanding bonds for |
|
|
the security of the refunding bonds; or |
|
|
(3) be secured by a pledge of other or additional |
|
|
revenue. |
|
|
(c) The provisions of this subchapter regarding the |
|
|
issuance of other bonds and the remedies of the holders apply to |
|
|
refunding bonds. |
|
|
(d) The comptroller shall register the refunding bonds on |
|
|
surrender and cancellation of the bonds to be refunded. |
|
|
(e) Instead of issuing bonds to be registered on the |
|
|
surrender and cancellation of the bonds to be refunded, the |
|
|
district, in the resolution authorizing the issuance of the |
|
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
|
the deposit of the proceeds in a bank at which the bonds to be |
|
|
refunded are payable. In that case, the refunding bonds may be |
|
|
issued in an amount sufficient to pay the interest on the bonds to |
|
|
be refunded to their option date or maturity date, and the |
|
|
comptroller shall register the refunding bonds without the |
|
|
surrender and cancellation of the bonds to be refunded. (Acts 53rd |
|
|
Leg., R.S., Ch. 268, Sec. 10.) |
|
|
Sec. 9055.262. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this subchapter, the transfer of the bond, and income from the |
|
|
bond, including profits made on the sale of the bond, are exempt |
|
|
from taxation in this state. (Acts 53rd Leg., R.S., Ch. 268, Sec. |
|
|
19 (part).) |
|
|
CHAPTER 9056. WILLOW CREEK WATER CONTROL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9056.001. DEFINITIONS |
|
|
Sec. 9056.002. NATURE OF DISTRICT |
|
|
Sec. 9056.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9056.004. DISTRICT TERRITORY |
|
|
Sec. 9056.005. APPLICABILITY OF WATER CONTROL AND |
|
|
IMPROVEMENT DISTRICTS LAWS |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9056.051. COMPOSITION OF BOARD |
|
|
Sec. 9056.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 9056.053. DIRECTOR'S BOND |
|
|
Sec. 9056.054. FAILURE TO CALL DIRECTOR ELECTION |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9056.101. GENERAL POWERS |
|
|
Sec. 9056.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9056.103. POWERS RELATING TO THE WATER OF WILLOW |
|
|
CREEK; SURVEYS AND PLAN |
|
|
Sec. 9056.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9056.105. COOPERATION IN WILDLIFE PROGRAMS |
|
|
Sec. 9056.106. WATERSHED PROTECTION AND FLOOD |
|
|
PREVENTION ACT |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9056.151. TAX METHOD |
|
|
Sec. 9056.152. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
Sec. 9056.153. ELECTION REQUIRED FOR FEDERAL LOAN |
|
|
Sec. 9056.154. MAINTENANCE TAX ELECTION PROCEDURES |
|
|
Sec. 9056.155. SPECIFICATION OF MAINTENANCE TAX RATE |
|
|
AND METHOD |
|
|
Sec. 9056.156. USE OF MAINTENANCE TAX PROCEEDS |
|
|
Sec. 9056.157. APPROVAL OF AND FUNDING FOR CERTAIN |
|
|
PLANS FOR WORKS AND IMPROVEMENTS |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9056.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9056.202. BOND ELECTION REQUIRED |
|
|
Sec. 9056.203. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 9056. WILLOW CREEK WATER CONTROL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9056.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Willow Creek Water Control |
|
|
District. (Acts 60th Leg., R.S., Ch. 638, Sec. 1 (part); New.) |
|
|
Sec. 9056.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Runnels and Tom Green |
|
|
Counties. (Acts 60th Leg., R.S., Ch. 638, Sec. 1 (part).) |
|
|
Sec. 9056.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
All territory included in the district will benefit from the works |
|
|
and projects accomplished by the district under the powers |
|
|
conferred by Section 59, Article XVI, Texas Constitution. |
|
|
(b) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(c) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(d) The district in carrying out the purposes of this |
|
|
chapter will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 60th Leg., R.S., Ch. 638, Secs. 1 (part), |
|
|
2(a), 4(a) (part).) |
|
|
Sec. 9056.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 638, Acts |
|
|
of the 60th Legislature, Regular Session, 1967, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type or kind of |
|
|
bond or to pay the principal of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or the |
|
|
board. (Acts 60th Leg., R.S., Ch. 638, Secs. 1 (part), 2(c); New.) |
|
|
Sec. 9056.005. APPLICABILITY OF WATER CONTROL AND |
|
|
IMPROVEMENT DISTRICTS LAWS. Except as provided by this chapter, |
|
|
the general laws pertaining to water control and improvement |
|
|
districts, including Chapters 49 and 51, Water Code, govern the |
|
|
district. (Acts 60th Leg., R.S., Ch. 638, Sec. 14; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9056.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 60th Leg., R.S., Ch. 638, Sec. |
|
|
15(g) (part); Acts 67th Leg., R.S., Ch. 475, Sec. 2 (part).) |
|
|
Sec. 9056.052. QUALIFICATIONS FOR OFFICE. (a) Each |
|
|
director of the district must: |
|
|
(1) be a landowner within the district; and |
|
|
(2) reside in Runnels or Tom Green County. |
|
|
(b) A director must maintain compliance with the |
|
|
requirements of Subsection (a) during the director's tenure in |
|
|
office or vacate that office. (Acts 60th Leg., R.S., Ch. 638, Sec. |
|
|
15(c).) |
|
|
Sec. 9056.053. DIRECTOR'S BOND. Each director shall give |
|
|
bond in the amount of $5,000 for the faithful performance of the |
|
|
director's duties. (Acts 60th Leg., R.S., Ch. 638, Sec. 15(d) |
|
|
(part).) |
|
|
Sec. 9056.054. FAILURE TO CALL DIRECTOR ELECTION. Failure |
|
|
to call a director election does not affect the legal status of the |
|
|
district, the board, or a director or the right of the board to act |
|
|
or function, and the directors continue to serve until an election |
|
|
is held and succeeding directors have been elected or appointed and |
|
|
have qualified. (Acts 60th Leg., R.S., Ch. 638, Sec. 15(g).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9056.101. GENERAL POWERS. The district may exercise |
|
|
the rights, privileges, and functions specified by this chapter. |
|
|
(Acts 60th Leg., R.S., Ch. 638, Sec. 1 (part).) |
|
|
Sec. 9056.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by the general laws of this state applicable to a |
|
|
water control and improvement district created under Section 59, |
|
|
Article XVI, Texas Constitution, including the power to: |
|
|
(1) construct, acquire, improve, maintain, and repair |
|
|
a dam or other structure; and |
|
|
(2) acquire, by eminent domain or otherwise, land, |
|
|
easements, equipment, or other property that may be needed to use, |
|
|
control, and distribute any water that may be impounded, diverted, |
|
|
or controlled by the district. (Acts 60th Leg., R.S., Ch. 638, |
|
|
Secs. 5 (part), 7(a).) |
|
|
Sec. 9056.103. POWERS RELATING TO THE WATER OF WILLOW |
|
|
CREEK; SURVEYS AND PLAN. (a) The district shall conduct |
|
|
preliminary surveys and develop a plan for the control and use of |
|
|
the water of Willow Creek to the end that improvements on any one |
|
|
part of the watershed will be mechanically and economically related |
|
|
to the improvements of the entire watershed. |
|
|
(b) On completion of the surveys and plan and adoption of |
|
|
the surveys and plan by the board, a certified copy of the surveys |
|
|
and plan shall be filed for informational purposes with the Texas |
|
|
Commission on Environmental Quality. (Acts 60th Leg., R.S., Ch. |
|
|
638, Sec. 3.) |
|
|
Sec. 9056.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted by this |
|
|
chapter makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telephone or telegraph property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 60th Leg., R.S., Ch. |
|
|
638, Sec. 7(b).) |
|
|
Sec. 9056.105. COOPERATION IN WILDLIFE PROGRAMS. The |
|
|
district may cooperate with state, federal, and other agencies and |
|
|
groups in wildlife programs that are: |
|
|
(1) not inconsistent with the purposes of the district |
|
|
under this chapter; and |
|
|
(2) designed to improve the general habitat of |
|
|
wildlife and promote the propagation of wildlife. (Acts 60th Leg., |
|
|
R.S., Ch. 638, Sec. 13.) |
|
|
Sec. 9056.106. WATERSHED PROTECTION AND FLOOD PREVENTION |
|
|
ACT. Subject to Section 9056.153, the district has the power |
|
|
necessary to fully qualify for and gain the full benefits of the |
|
|
Watershed Protection and Flood Prevention Act (16 U.S.C. Section |
|
|
1001 et seq.), including: |
|
|
(1) all powers necessary to carry out the projects, |
|
|
works, and improvements contemplated by the Watershed Protection |
|
|
and Flood Prevention Act; |
|
|
(2) the power to secure a loan or loans from the proper |
|
|
agencies of the federal government for the purpose of defraying the |
|
|
costs and expenses of the district in connection with carrying out |
|
|
its projects, works, and improvements under the Watershed |
|
|
Protection and Flood Prevention Act; and |
|
|
(3) if necessary, the power to issue bonds as |
|
|
collateral for a loan described by Subdivision (2). (Acts 60th |
|
|
Leg., R.S., Ch. 638, Sec. 6 (part); New.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9056.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation, and taxes imposed by the district shall |
|
|
be on the ad valorem basis. |
|
|
(b) A hearing on a plan of taxation is not required. (Acts |
|
|
60th Leg., R.S., Ch. 638, Sec. 4(c).) |
|
|
Sec. 9056.152. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The district is not required to pay a tax or assessment on a project |
|
|
or any part of a project. (Acts 60th Leg., R.S., Ch. 638, Sec. 4(a) |
|
|
(part).) |
|
|
Sec. 9056.153. ELECTION REQUIRED FOR FEDERAL LOAN. The |
|
|
district may not consummate a loan from the federal government |
|
|
unless the loan is authorized by a majority of the votes cast in a |
|
|
district election. (Acts 60th Leg., R.S., Ch. 638, Sec. 9 (part).) |
|
|
Sec. 9056.154. MAINTENANCE TAX ELECTION PROCEDURES. A |
|
|
maintenance tax election shall be held and notice of the election |
|
|
shall be given in the manner required by general law for a bond |
|
|
election. (Acts 60th Leg., R.S., Ch. 638, Sec. 12(b) (part).) |
|
|
Sec. 9056.155. SPECIFICATION OF MAINTENANCE TAX RATE AND |
|
|
METHOD. In calling a maintenance tax election, the board shall |
|
|
specify: |
|
|
(1) the maximum tax rate that may be imposed in any |
|
|
year; and |
|
|
(2) that the tax will be imposed on an ad valorem |
|
|
basis. (Acts 60th Leg., R.S., Ch. 638, Sec. 12(b) (part).) |
|
|
Sec. 9056.156. USE OF MAINTENANCE TAX PROCEEDS. (a) The |
|
|
district may spend maintenance tax proceeds for: |
|
|
(1) an easement or right-of-way; |
|
|
(2) any purpose for which a district may spend bond |
|
|
proceeds; and |
|
|
(3) maintenance purposes. |
|
|
(b) The district may place surplus maintenance tax proceeds |
|
|
not needed for maintenance purposes into the sinking funds for |
|
|
outstanding district bonds. |
|
|
(c) The board's determination to spend district maintenance |
|
|
tax proceeds is final and is not subject to judicial review, except |
|
|
on the grounds of fraud, palpable error, or gross abuse of |
|
|
discretion. (Acts 60th Leg., R.S., Ch. 638, Sec. 12(c).) |
|
|
Sec. 9056.157. APPROVAL OF AND FUNDING FOR CERTAIN PLANS |
|
|
FOR WORKS AND IMPROVEMENTS. (a) In this section, "commission" |
|
|
means the Texas Commission on Environmental Quality. |
|
|
(b) This section applies only to plans contemplated by the |
|
|
district for works and improvements, or amendments to the plans, |
|
|
that are prepared by the Natural Resources Conservation Service of |
|
|
the United States Department of Agriculture and approved by the |
|
|
district's board. |
|
|
(c) An engineer's report covering the plans and |
|
|
improvements to be constructed, and the maps, plats, profiles, and |
|
|
data fully showing and explaining the plans and improvements, are |
|
|
not required to be filed in the district office before an election |
|
|
is held to authorize the issuance of bonds for the works and |
|
|
improvements. The plans and specifications, engineering reports, |
|
|
profiles, maps, and other data, and subsequent amendments to those |
|
|
items, are not required to be approved by the commission before the |
|
|
bonds are issued. |
|
|
(d) Before the district may spend any money for the |
|
|
construction of any works and improvements, the commission must |
|
|
approve the portion of the works and improvements to be |
|
|
constructed. The commission's advance approval for the entire |
|
|
project contemplated by the district is not required. The |
|
|
commission may approve on a separate or individual basis the |
|
|
portion of the project or works and improvements: |
|
|
(1) to be constructed at a particular time; and |
|
|
(2) on which plans and specifications of the Natural |
|
|
Resources Conservation Service have been prepared and submitted by |
|
|
the board to the commission. (Acts 60th Leg., R.S., Ch. 638, Sec. |
|
|
10; New.) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9056.201. AUTHORITY TO ISSUE BONDS. Subject to |
|
|
Section 9056.202, the district may issue bonds, in the manner |
|
|
provided by general law for water control and improvement |
|
|
districts, to: |
|
|
(1) provide dams, structures, projects, and works of |
|
|
improvement for flood prevention, the conservation and development |
|
|
of water, and for other necessary plants, facilities, and equipment |
|
|
in connection therewith and for the improvement, repair, and |
|
|
operation of same; |
|
|
(2) carry out any other power provided by this chapter |
|
|
or by Chapter 49 or 51, Water Code; and |
|
|
(3) pay all costs, charges, and expenses of the |
|
|
district. (Acts 60th Leg., R.S., Ch. 638, Sec. 8; New.) |
|
|
Sec. 9056.202. BOND ELECTION REQUIRED. The district may |
|
|
not issue bonds unless the bonds are authorized by a majority of the |
|
|
votes cast in a district election. (Acts 60th Leg., R.S., Ch. 638, |
|
|
Sec. 9 (part).) |
|
|
Sec. 9056.203. BONDS EXEMPT FROM TAXATION. A bond issued |
|
|
under this chapter, the transfer of the bond, and income from the |
|
|
bond, including profits made on the sale of the bond, are exempt |
|
|
from taxation in this state. (Acts 60th Leg., R.S., Ch. 638, Sec. |
|
|
4(a) (part).) |
|
|
CHAPTER 9057. MEDINA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9057.001. DEFINITIONS |
|
|
Sec. 9057.002. NATURE OF DISTRICT |
|
|
Sec. 9057.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9057.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9057.051. COMPOSITION OF BOARD |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9057.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9057.102. ACQUISITION OF PROPERTY; LIMIT ON |
|
|
EMINENT DOMAIN POWER |
|
|
Sec. 9057.103. COST OF RELOCATING PROPERTY |
|
|
SUBCHAPTER D. BONDS |
|
|
Sec. 9057.151. AUTHORITY TO ISSUE BONDS; BOND ELECTION |
|
|
Sec. 9057.152. CERTAIN BOND COVENANTS AUTHORIZED |
|
|
CHAPTER 9057. MEDINA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9057.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "District" means the Medina County Water Control |
|
|
and Improvement District No. 2. (Acts 53rd Leg., R.S., Ch. 198, Sec. |
|
|
1 (part); New.) |
|
|
Sec. 9057.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in Medina |
|
|
County under Section 59, Article XVI, Texas Constitution; and |
|
|
(2) a municipal corporation. (Acts 53rd Leg., R.S., |
|
|
Ch. 198, Secs. 1 (part), 7 (part).) |
|
|
Sec. 9057.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land included in the boundaries of the district will |
|
|
benefit from that inclusion. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 53rd Leg., R.S., |
|
|
Ch. 198, Secs. 4 (part), 7 (part).) |
|
|
Sec. 9057.004. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 198, Acts |
|
|
of the 53rd Legislature, Regular Session, 1953, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. (New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9057.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 53rd Leg., R.S., Ch. 198, Sec. 3 |
|
|
(part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9057.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 53rd |
|
|
Leg., R.S., Ch. 198, Sec. 2 (part).) |
|
|
Sec. 9057.102. ACQUISITION OF PROPERTY; LIMIT ON EMINENT |
|
|
DOMAIN POWER. (a) The district may acquire property that is |
|
|
necessary to accomplish the objectives of the district. |
|
|
(b) To facilitate the acquisition of property, the district |
|
|
may exercise the power of eminent domain available to water control |
|
|
and improvement districts under general law. |
|
|
(c) The powers granted in this section apply only in Medina |
|
|
County. (Acts 53rd Leg., R.S., Ch. 198, Sec. 6 (part).) |
|
|
Sec. 9057.103. COST OF RELOCATING PROPERTY. If the |
|
|
district's exercise of a power granted by this chapter makes |
|
|
necessary the relocation of a railroad line or right-of-way, the |
|
|
district shall pay the cost of the relocation and any actual and |
|
|
reasonable damage incurred in changing and adjusting the railroad |
|
|
lines and grades. (Acts 53rd Leg., R.S., Ch. 198, Sec. 6 (part).) |
|
|
SUBCHAPTER D. BONDS |
|
|
Sec. 9057.151. AUTHORITY TO ISSUE BONDS; BOND ELECTION. |
|
|
(a) The district may issue bonds pursuant to a board order or |
|
|
resolution adopted after the proposition authorizing the bonds is: |
|
|
(1) submitted to district voters at an election; and |
|
|
(2) adopted by a majority of the district voters |
|
|
voting at the election. |
|
|
(b) The district may issue bonds under this section for any |
|
|
purpose permitted to water control and improvement districts and in |
|
|
the manner and to the extent provided by the general laws governing |
|
|
water control and improvement districts. (Acts 53rd Leg., R.S., Ch. |
|
|
198, Sec. 5 (part).) |
|
|
Sec. 9057.152. CERTAIN BOND COVENANTS AUTHORIZED. An order |
|
|
or resolution authorizing the issuance of district bonds may |
|
|
contain any covenant the board considers necessary to ensure: |
|
|
(1) the creation and maintenance of proper reserves; |
|
|
and |
|
|
(2) the payment of the principal of and interest on the |
|
|
bonds. (Acts 53rd Leg., R.S., Ch. 198, Sec. 5 (part).) |
|
|
CHAPTER 9059. RIO GRANDE PALMS WATER DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9059.001. DEFINITIONS |
|
|
Sec. 9059.002. NATURE OF DISTRICT |
|
|
Sec. 9059.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9059.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9059.051. COMPOSITION OF BOARD |
|
|
Sec. 9059.052. QUALIFICATION FOR OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9059.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9059.102. ACQUISITION OF PROPERTY |
|
|
Sec. 9059.103. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9059.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9059.151. MAINTENANCE TAX |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9059.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 9059.202. EXCHANGING BONDS FOR PROPERTY |
|
|
Sec. 9059.203. CERTAIN BOND COVENANTS AUTHORIZED |
|
|
Sec. 9059.204. MATURITY |
|
|
Sec. 9059.205. USE OF BOND PROCEEDS |
|
|
Sec. 9059.206. BONDS SECURED BY AD VALOREM TAXES |
|
|
Sec. 9059.207. REFUNDING BONDS |
|
|
CHAPTER 9059. RIO GRANDE PALMS WATER DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9059.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Rio Grande Palms Water |
|
|
District. (Acts 57th Leg., R.S., Ch. 324, Sec. 1 (part); New.) |
|
|
Sec. 9059.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in Cameron |
|
|
County under Section 59, Article XVI, Texas Constitution; and |
|
|
(2) a municipal corporation. (Acts 57th Leg., R.S., |
|
|
Ch. 324, Secs. 1 (part), 9 (part).) |
|
|
Sec. 9059.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is essential to accomplish the purposes of Section 59, |
|
|
Article XVI, Texas Constitution, including the conservation and |
|
|
utilization of water. |
|
|
(b) All land included in the district will benefit from that |
|
|
inclusion. (Acts 57th Leg., R.S., Ch. 324, Sec. 9 (part).) |
|
|
Sec. 9059.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 1, Chapter 324, Acts |
|
|
of the 57th Legislature, Regular Session, 1961, as that territory |
|
|
may have been modified under: |
|
|
(1) Subsection (b) or its predecessor statute, Section |
|
|
1, Chapter 324, Acts of the 57th Legislature, Regular Session, |
|
|
1961; |
|
|
(2) Subchapter O, Chapter 51, Water Code; |
|
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
|
(4) other law. |
|
|
(b) The Commissioners Court of Cameron County shall |
|
|
redefine the boundaries of the district contained in Section 1, |
|
|
Chapter 324, Acts of the 57th Legislature, Regular Session, 1961, |
|
|
to correct any error or omission in those boundaries. (Acts 57th |
|
|
Leg., R.S., Ch. 324, Sec. 1 (part); New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9059.051. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 57th Leg., R.S., Ch. 324, Sec. 3 |
|
|
(part).) |
|
|
Sec. 9059.052. QUALIFICATION FOR OFFICE. (a) A director |
|
|
must own land in the district. |
|
|
(b) A director is not required to reside in the district. |
|
|
(Acts 57th Leg., R.S., Ch. 324, Sec. 3 (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9059.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 57th |
|
|
Leg., R.S., Ch. 324, Sec. 2 (part); New.) |
|
|
Sec. 9059.102. ACQUISITION OF PROPERTY. The district may |
|
|
acquire property located inside or outside the district that the |
|
|
board considers necessary to accomplish the district's objectives. |
|
|
(Acts 57th Leg., R.S., Ch. 324, Sec. 6 (part).) |
|
|
Sec. 9059.103. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may not exercise the power of eminent domain outside the district. |
|
|
(Acts 57th Leg., R.S., Ch. 324, Sec. 9 (part).) |
|
|
Sec. 9059.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, the power of relocation, or any other power granted by this |
|
|
chapter makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telephone or telegraph property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 57th Leg., R.S., Ch. |
|
|
324, Sec. 10.) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9059.151. MAINTENANCE TAX. The board may impose an ad |
|
|
valorem tax on all taxable property in the district for the |
|
|
maintenance and operation of district works and facilities if the |
|
|
tax is authorized by an election held as provided by law relating to |
|
|
water control and improvement district bond elections. (Acts 57th |
|
|
Leg., R.S., Ch. 324, Sec. 7.) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9059.201. AUTHORITY TO ISSUE BONDS. (a) The district |
|
|
may issue bonds pursuant to a resolution adopted by the board if a |
|
|
majority of district voters voting at an election vote to adopt the |
|
|
proposition authorizing the bonds. |
|
|
(b) The district may issue bonds for any purpose permitted |
|
|
to a water control and improvement district, including: |
|
|
(1) the improvement of rivers, creeks, streams, |
|
|
arroyos, and resacas, to prevent overflow, to furnish access to |
|
|
land in the district, to permit navigation of the water or |
|
|
irrigation of land in the district, or in aid of those purposes; or |
|
|
(2) the acquisition of water rights, the construction |
|
|
or acquisition by purchase or other means, and maintenance of |
|
|
pools, lakes, reservoirs, dams, pipelines, canals and waterways, |
|
|
pumps, pump houses, and all other useful equipment, machinery, and |
|
|
facilities, for the purpose or in aid of irrigation, drainage, |
|
|
conservation, or navigation, including the purchase of an existing |
|
|
irrigation or conservation system. (Acts 57th Leg., R.S., Ch. 324, |
|
|
Sec. 4 (part).) |
|
|
Sec. 9059.202. EXCHANGING BONDS FOR PROPERTY. The district |
|
|
may exchange bonds for property acquired for the use and benefit of |
|
|
the district. (Acts 57th Leg., R.S., Ch. 324, Sec. 4 (part).) |
|
|
Sec. 9059.203. CERTAIN BOND COVENANTS AUTHORIZED. A |
|
|
resolution authorizing the issuance of district bonds may contain |
|
|
any covenant the board considers necessary to ensure: |
|
|
(1) the creation and maintenance of proper reserves; |
|
|
and |
|
|
(2) the payment of the principal of and interest on the |
|
|
bonds. (Acts 57th Leg., R.S., Ch. 324, Sec. 4 (part).) |
|
|
Sec. 9059.204. MATURITY. District bonds, including |
|
|
refunding bonds, must mature not later than 40 years after the date |
|
|
of their issuance. (Acts 57th Leg., R.S., Ch. 324, Sec. 4 (part).) |
|
|
Sec. 9059.205. USE OF BOND PROCEEDS. The district may |
|
|
appropriate and pay from the proceeds of the sale of bonds the |
|
|
interest to accrue on the bonds for a period not to exceed three |
|
|
years from their date. (Acts 57th Leg., R.S., Ch. 324, Sec. 4 |
|
|
(part).) |
|
|
Sec. 9059.206. BONDS SECURED BY AD VALOREM TAXES. (a) If |
|
|
bonds have been voted, the board shall impose a continuing ad |
|
|
valorem tax on all property in the district sufficient: |
|
|
(1) to pay the principal and interest on the bonds as |
|
|
the principal and interest respectively mature; |
|
|
(2) to create and maintain any reserve required by the |
|
|
resolution or resolutions authorizing the issuance of the bonds; |
|
|
(3) to pay the expense of assessing and collecting the |
|
|
tax; and |
|
|
(4) for anticipated delinquencies in the tax payments. |
|
|
(b) The board annually shall determine and set or cause to |
|
|
be determined and set the rate of the ad valorem tax to be imposed |
|
|
under this section. (Acts 57th Leg., R.S., Ch. 324, Sec. 5.) |
|
|
Sec. 9059.207. REFUNDING BONDS. (a) The district may issue |
|
|
refunding bonds without an election. |
|
|
(b) District bonds may be refunded by: |
|
|
(1) the issuance and delivery to holders of refunding |
|
|
bonds in lieu of the outstanding bonds; or |
|
|
(2) the sale of refunding bonds and the use of the |
|
|
proceeds for retiring the outstanding bonds. (Acts 57th Leg., R.S., |
|
|
Ch. 324, Sec. 4 (part).) |
|
|
CHAPTER 9060. SAN LEON MUNICIPAL UTILITY DISTRICT OF GALVESTON |
|
|
COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9060.001. DEFINITIONS |
|
|
Sec. 9060.002. NATURE OF DISTRICT |
|
|
Sec. 9060.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9060.004. APPLICABILITY OF CERTAIN STATUTES; |
|
|
DISSOLUTION OF DISTRICT |
|
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
|
Sec. 9060.051. DISTRICT TERRITORY |
|
|
Sec. 9060.052. ADDITION OF LAND TO DISTRICT |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9060.101. COMPOSITION OF BOARD |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9060.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9060.152. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 9060.153. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9060.154. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9060.155. DURATION OF CONTRACT FOR WATER PURCHASE |
|
|
OR SALE |
|
|
Sec. 9060.156. INSTALLATION OF STREETLIGHTS |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9060.201. TAX METHOD |
|
|
CHAPTER 9060. SAN LEON MUNICIPAL UTILITY DISTRICT OF GALVESTON |
|
|
COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9060.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "District" means the San Leon Municipal Utility |
|
|
District of Galveston County, Texas. (Acts 59th Leg., R.S., Ch. |
|
|
520, Sec. 1 (part); New.) |
|
|
Sec. 9060.002. NATURE OF DISTRICT. The district is: |
|
|
(1) a conservation and reclamation district in |
|
|
Galveston County under Section 59, Article XVI, Texas Constitution; |
|
|
and |
|
|
(2) a municipal corporation. (Acts 59th Leg., R.S., |
|
|
Ch. 520, Secs. 1 (part), 7 (part).) |
|
|
Sec. 9060.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the district |
|
|
will benefit from the creation of the district and the improvements |
|
|
the district will purchase, construct, or otherwise acquire. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. (Acts 59th Leg., |
|
|
R.S., Ch. 520, Secs. 6(a) (part), 7 (part).) |
|
|
Sec. 9060.004. APPLICABILITY OF CERTAIN STATUTES; |
|
|
DISSOLUTION OF DISTRICT. (a) Except as provided by Subsection (b), |
|
|
Sections 51.781-51.791, Water Code, do not apply to the district. |
|
|
(b) The district may be dissolved by the board in accordance |
|
|
with Sections 51.781-51.791, Water Code. (Acts 59th Leg., R.S., |
|
|
Ch. 520, Secs. 2 (part), 4 (part); New.) |
|
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
|
Sec. 9060.051. DISTRICT TERRITORY. The district is |
|
|
composed of the territory described by Section 1, Chapter 520, Acts |
|
|
of the 59th Legislature, Regular Session, 1965, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9060.052 or its predecessor statute, |
|
|
former Section 4, Chapter 520, Acts of the 59th Legislature, |
|
|
Regular Session, 1965; or |
|
|
(4) other law. (New.) |
|
|
Sec. 9060.052. ADDITION OF LAND TO DISTRICT. The district |
|
|
may not add land to the district unless: |
|
|
(1) an owner of land adjacent or contiguous to the |
|
|
district requests in writing that the district add land; |
|
|
(2) the owner of the land to be added consents to the |
|
|
addition; and |
|
|
(3) the land is adjacent or contiguous to the district |
|
|
when added. (Acts 59th Leg., R.S., Ch. 520, Sec. 4 (part).) |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9060.101. COMPOSITION OF BOARD. The board is composed |
|
|
of five elected directors. (Acts 59th Leg., R.S., Ch. 520, Sec. 3 |
|
|
(part).) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9060.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has the rights, powers, privileges, and |
|
|
duties provided by general law applicable to a water control and |
|
|
improvement district created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
|
|
Leg., R.S., Ch. 520, Sec. 2 (part).) |
|
|
Sec. 9060.152. ACQUISITION OF IMPROVEMENTS. The district |
|
|
may make, construct, or otherwise acquire improvements inside or |
|
|
outside the district that are necessary or convenient to carry out a |
|
|
power granted to the district under this chapter or a general law |
|
|
described by Section 9060.151. (Acts 59th Leg., R.S., Ch. 520, Sec. |
|
|
2 (part).) |
|
|
Sec. 9060.153. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain, power of relocation, or any other power granted by this |
|
|
chapter makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telephone or telegraph property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 59th Leg., R.S., Ch. |
|
|
520, Sec. 2 (part).) |
|
|
Sec. 9060.154. LIMIT ON EMINENT DOMAIN POWER. The district |
|
|
may not exercise the power of eminent domain outside the district. |
|
|
(Acts 59th Leg., R.S., Ch. 520, Sec. 2 (part).) |
|
|
Sec. 9060.155. DURATION OF CONTRACT FOR WATER PURCHASE OR |
|
|
SALE. A district contract for the purchase or sale of water may not |
|
|
exceed 40 years. (Acts 59th Leg., R.S., Ch. 520, Sec. 2 (part).) |
|
|
Sec. 9060.156. INSTALLATION OF STREETLIGHTS. (a) On |
|
|
approval by a majority of the voters of the district voting at an |
|
|
election held for that purpose, the district may: |
|
|
(1) install, operate, and maintain street lighting in |
|
|
a public utility easement or public right-of-way inside the |
|
|
district; and |
|
|
(2) assess the cost of the installation, operation, |
|
|
and maintenance of the street lighting as an additional charge in |
|
|
the monthly billings of the district's customers. |
|
|
(b) The district may not use money from taxes or bonds |
|
|
supported by taxes for a purpose described by this section. |
|
|
(c) This section does not authorize the district to install, |
|
|
operate, or maintain street lighting on a right-of-way that is part |
|
|
of the designated state highway system. (Acts 59th Leg., R.S., Ch. |
|
|
520, Sec. 2A.) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9060.201. TAX METHOD. (a) The district shall use the |
|
|
ad valorem basis or plan of taxation. |
|
|
(b) The board is not required to hold a hearing on the |
|
|
adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 520, |
|
|
Sec. 6(b).) |
|
|
CHAPTER 9061. TATTOR ROAD MUNICIPAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9061.001. DEFINITIONS |
|
|
Sec. 9061.002. NATURE OF DISTRICT |
|
|
Sec. 9061.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9061.004. DISTRICT TERRITORY |
|
|
Sec. 9061.005. EXPANSION OF DISTRICT |
|
|
Sec. 9061.006. HEARINGS FOR EXCLUSION OF LAND |
|
|
Sec. 9061.007. STATE POLICY REGARDING WASTE DISPOSAL |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9061.051. COMPOSITION OF BOARD |
|
|
Sec. 9061.052. APPOINTMENT OF TREASURER |
|
|
Sec. 9061.053. DIRECTOR AND TREASURER BONDS |
|
|
Sec. 9061.054. BOARD VACANCY |
|
|
Sec. 9061.055. BOARD PRESIDENT'S POWER TO EXECUTE |
|
|
CONTRACTS |
|
|
Sec. 9061.056. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
|
Sec. 9061.057. DISTRICT OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9061.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9061.102. ADDITIONAL POWERS |
|
|
Sec. 9061.103. LIMIT ON EMINENT DOMAIN |
|
|
Sec. 9061.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9061.105. NOTICE OF ELECTION |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9061.151. TAX METHOD |
|
|
Sec. 9061.152. DISTRICT ACCOUNTS |
|
|
Sec. 9061.153. COPY OF AUDIT REPORT |
|
|
Sec. 9061.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
|
REQUIRED |
|
|
Sec. 9061.155. DEPOSITORY |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9061.201. ISSUANCE OF BONDS |
|
|
Sec. 9061.202. ADDITIONAL SECURITY |
|
|
Sec. 9061.203. TRUST INDENTURE |
|
|
Sec. 9061.204. ORDER OR RESOLUTION AUTHORIZING |
|
|
ISSUANCE OF CERTAIN BONDS |
|
|
Sec. 9061.205. USE OF BOND PROCEEDS |
|
|
CHAPTER 9061. TATTOR ROAD MUNICIPAL DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9061.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a member of the board. |
|
|
(3) "District" means the Tattor Road Municipal |
|
|
District. (Acts 61st Leg., R.S., Ch. 846, Sec. 1 (part); New.) |
|
|
Sec. 9061.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Harris County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 1 (part).) |
|
|
Sec. 9061.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the boundaries |
|
|
of the district will benefit from the works and projects |
|
|
accomplished by the district under the powers conferred by Section |
|
|
59, Article XVI, Texas Constitution. |
|
|
(c) The district is essential to accomplish the purposes of |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(d) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
property and industries. |
|
|
(e) The district in carrying out the purposes of this |
|
|
chapter will be performing an essential public function under the |
|
|
Texas Constitution. (Acts 61st Leg., R.S., Ch. 846, Secs. 1 (part), |
|
|
4, 21 (part).) |
|
|
Sec. 9061.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 2, Chapter 846, Acts |
|
|
of the 61st Legislature, Regular Session, 1969, as that territory |
|
|
may have been modified under: |
|
|
(1) Subchapter O, Chapter 51, Water Code; |
|
|
(2) Subchapter J, Chapter 49, Water Code; |
|
|
(3) Section 9061.005 or its predecessor statute, |
|
|
former Section 9, Chapter 846, Acts of the 61st Legislature, |
|
|
Regular Session, 1969; or |
|
|
(4) other law. |
|
|
(b) The boundaries and field notes of the district form a |
|
|
closure. A mistake in the field notes or in copying the field notes |
|
|
in the legislative process does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue any type of bond for |
|
|
a purpose for which the district is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) in any other manner, the legality or operation of |
|
|
the district or its governing body. (Acts 61st Leg., R.S., Ch. 846, |
|
|
Sec. 3; New.) |
|
|
Sec. 9061.005. EXPANSION OF DISTRICT. (a) If land is |
|
|
annexed by the district under Section 49.301 or 51.714, Water Code, |
|
|
the board may require the petitioners to: |
|
|
(1) assume the petitioners' pro rata share of the voted |
|
|
but unissued bonds of the district; and |
|
|
(2) authorize the board to impose a tax on the |
|
|
petitioners' property to pay for the bonds after the bonds have been |
|
|
issued. |
|
|
(b) If land is annexed by the district under Section 49.302, |
|
|
Water Code, the board may submit to the voters of the area to be |
|
|
annexed a proposition on the question of the assumption by the area |
|
|
to be annexed of its part of the voted but not yet issued or sold tax |
|
|
or tax-revenue bonds of the district and the imposition of an ad |
|
|
valorem tax on taxable property in the area to be annexed along with |
|
|
a tax in the rest of the district for the payment of the bonds. |
|
|
(c) If the petitioners consent or if the election results |
|
|
favorably, the district may issue its voted but unissued tax or |
|
|
tax-revenue bonds regardless of changes to district boundaries |
|
|
since the voting or authorization of those bonds. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 9 (part).) |
|
|
Sec. 9061.006. HEARINGS FOR EXCLUSION OF LAND. (a) The |
|
|
board is not required to call or hold a hearing on the exclusion of |
|
|
land or other property from the district; provided, however, that |
|
|
the board shall hold a hearing if an owner of land or other property |
|
|
located in the district files a written petition for a hearing with |
|
|
the board secretary before the district's first bond election is |
|
|
called. |
|
|
(b) The board may act on the petition in the same manner that |
|
|
it may act on a petition for the addition of land under Section |
|
|
49.301 or 51.714, Water Code. A notice of hearing is not required. |
|
|
(c) The board on its own motion may call and hold an |
|
|
exclusion hearing under general law. (Acts 61st Leg., R.S., Ch. |
|
|
846, Sec. 7.) |
|
|
Sec. 9061.007. STATE POLICY REGARDING WASTE DISPOSAL. The |
|
|
district's powers and duties are subject to the state policy of |
|
|
encouraging the development and use of integrated area-wide waste |
|
|
collection, treatment, and disposal systems to serve the waste |
|
|
disposal needs of this state's residents, if integrated systems can |
|
|
reasonably be provided for an area, so as to avoid the economic |
|
|
burden on residents and the impact on state water quality caused by |
|
|
the construction and operation of numerous small waste collection, |
|
|
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch. |
|
|
846, Sec. 5 (part).) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 9061.051. COMPOSITION OF BOARD. The board consists of |
|
|
five elected directors. (Acts 61st Leg., R.S., Ch. 846, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9061.052. APPOINTMENT OF TREASURER. The board may |
|
|
appoint the treasurer. (Acts 61st Leg., R.S., Ch. 846, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9061.053. DIRECTOR AND TREASURER BONDS. (a) Each |
|
|
director shall qualify by giving bond in the amount of $5,000 for |
|
|
the faithful performance of the director's duties. |
|
|
(b) The directors' bonds must be recorded in a record kept |
|
|
for that purpose in the district's office. |
|
|
(c) The treasurer shall give bond in the amount required by |
|
|
the board, conditioned on the treasurer's faithful accounting for |
|
|
all money that comes into the treasurer's custody as district |
|
|
treasurer. (Acts 61st Leg., R.S., Ch. 846, Sec. 10 (part).) |
|
|
Sec. 9061.054. BOARD VACANCY. (a) Except as provided by |
|
|
Subsection (b), a vacancy in the office of director shall be filled |
|
|
in the manner provided by Section 49.105, Water Code. |
|
|
(b) The county judge of Harris County shall appoint |
|
|
directors to fill all of the vacancies on the board if the number of |
|
|
qualified directors is less than three. (Acts 61st Leg., R.S., Ch. |
|
|
846, Sec. 10 (part).) |
|
|
Sec. 9061.055. BOARD PRESIDENT'S POWER TO EXECUTE |
|
|
CONTRACTS. The board president may execute all contracts, including |
|
|
construction contracts, entered into by the board on behalf of the |
|
|
district. (Acts 61st Leg., R.S., Ch. 846, Sec. 10 (part).) |
|
|
Sec. 9061.056. ABSENCE OR INACTION OF BOARD PRESIDENT. (a) |
|
|
When the board president is absent or fails or declines to act, the |
|
|
board vice president shall perform all duties and exercise all |
|
|
power that this chapter or general law gives the president. |
|
|
(b) If the board president is absent from a board meeting, |
|
|
the board vice president may sign an order adopted or other action |
|
|
taken at the meeting, or the board may authorize the president to |
|
|
sign the order or action. (Acts 61st Leg., R.S., Ch. 846, Sec. 10 |
|
|
(part).) |
|
|
Sec. 9061.057. DISTRICT OFFICE. (a) The board shall |
|
|
designate, establish, and maintain a district office as provided by |
|
|
Section 49.062, Water Code. |
|
|
(b) The board may establish a second district office outside |
|
|
the district. If the board establishes a district office outside |
|
|
the district, the board shall give notice of the location of that |
|
|
office by: |
|
|
(1) filing a copy of the board resolution that |
|
|
establishes the location of the office: |
|
|
(A) with the Texas Commission on Environmental |
|
|
Quality; and |
|
|
(B) in the water control and improvement district |
|
|
records of Harris County; and |
|
|
(2) publishing the location of the office in a |
|
|
newspaper of general circulation in Harris County. |
|
|
(c) A district office may be a private residence, office, or |
|
|
dwelling. A district office that is a private residence, office, or |
|
|
dwelling is a public place for matters relating to the district's |
|
|
business. |
|
|
(d) The board shall give notice of any change in the |
|
|
location of the district office outside the district in the manner |
|
|
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 846, Sec. |
|
|
15.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 9061.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS. The district has all of the rights, powers, privileges, and |
|
|
functions provided by general law applicable to water control and |
|
|
improvement districts created under Section 59, Article XVI, Texas |
|
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 61st |
|
|
Leg., R.S., Ch. 846, Sec. 5 (part).) |
|
|
Sec. 9061.102. ADDITIONAL POWERS. (a) The district may: |
|
|
(1) make, purchase, construct, lease, or otherwise |
|
|
acquire property, works, facilities, or improvements, existing or |
|
|
to be made, constructed, or acquired, inside or outside the |
|
|
district's boundaries and necessary to carry out the powers granted |
|
|
by this chapter or general law; or |
|
|
(2) enter into a contract with a person on terms the |
|
|
board considers desirable, fair, and advantageous for: |
|
|
(A) the purchase or sale of water; |
|
|
(B) the transportation, treatment, and disposal |
|
|
of the domestic, industrial, or communal wastes of the district or |
|
|
others; |
|
|
(C) the continuing and orderly development of |
|
|
land and property in the district through the purchase, |
|
|
construction, or installation of facilities, works, or |
|
|
improvements that the district is otherwise authorized to do or |
|
|
perform so that, to the greatest extent reasonably possible, |
|
|
considering sound engineering and economic practices, all of the |
|
|
land and property may ultimately receive the services of the |
|
|
facilities, works, or improvements; and |
|
|
(D) the performance of any of the rights or |
|
|
powers granted by this chapter or general law relating to water |
|
|
control and improvement districts. |
|
|
(b) A contract under Subsection (a)(2) may not have a |
|
|
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 846, |
|
|
Sec. 5 (part).) |
|
|
Sec. 9061.103. LIMIT ON EMINENT DOMAIN. The district may |
|
|
exercise the power of eminent domain only: |
|
|
(1) in Harris County; and |
|
|
(2) when necessary to carry out the purposes for which |
|
|
the district was created. (Acts 61st Leg., R.S., Ch. 846, Sec. 13 |
|
|
(part).) |
|
|
Sec. 9061.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
|
(a) In this section, "sole expense" means the actual cost of |
|
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
|
altering the construction of a facility described by Subsection (b) |
|
|
in providing comparable replacement without enhancement of the |
|
|
facility, after deducting from that cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) If the district's exercise of the power of eminent |
|
|
domain makes necessary relocating, raising, rerouting, changing |
|
|
the grade of, or altering the construction of a highway, railroad, |
|
|
electric transmission line, telegraph or telephone property or |
|
|
facility, or pipeline, the necessary action shall be accomplished |
|
|
at the sole expense of the district. (Acts 61st Leg., R.S., Ch. |
|
|
846, Sec. 13 (part).) |
|
|
Sec. 9061.105. NOTICE OF ELECTION. Notice of an election |
|
|
may be given under the hand of the board president or secretary. |
|
|
(Acts 61st Leg., R.S., Ch. 846, Sec. 18 (part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9061.151. TAX METHOD. (a) The district shall use the |
|
|
ad valorem plan of taxation. |
|
|
(b) The board is not required to call or hold a hearing on |
|
|
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 846, |
|
|
Sec. 8.) |
|
|
Sec. 9061.152. DISTRICT ACCOUNTS. The district shall keep |
|
|
a complete system of the district's accounts. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 14 (part).) |
|
|
Sec. 9061.153. COPY OF AUDIT REPORT. A copy of the audit |
|
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
|
be delivered: |
|
|
(1) to each director; and |
|
|
(2) to a holder of at least 25 percent of the |
|
|
outstanding bonds of the district, on request. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 14 (part); New.) |
|
|
Sec. 9061.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
|
The district is not required to pay a tax or assessment on: |
|
|
(1) district property; or |
|
|
(2) a purchase made by the district. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 21 (part).) |
|
|
Sec. 9061.155. DEPOSITORY. (a) The board shall select one |
|
|
or more banks in this state to act as depository for the district's |
|
|
money. |
|
|
(b) To the extent that money in the depository bank is not |
|
|
insured by the Federal Deposit Insurance Corporation, the money |
|
|
must be secured in the manner provided by law for the security of |
|
|
county funds. |
|
|
(c) A director may be a shareholder in a bank that is a |
|
|
depository of district money. (Acts 61st Leg., R.S., Ch. 846, Sec. |
|
|
14 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 9061.201. ISSUANCE OF BONDS. (a) The district may |
|
|
issue tax bonds, revenue bonds, or tax and revenue bonds to provide |
|
|
money for any purpose of this chapter, including the acquisition of |
|
|
land. |
|
|
(b) The district must issue bonds in the manner provided by |
|
|
Chapters 49 and 51, Water Code, except that the district may issue |
|
|
bonds payable solely from net revenue by resolution or order of the |
|
|
board without an election. |
|
|
(c) Bonds issued under this subchapter may be payable from |
|
|
all or any designated part of the revenue of district property and |
|
|
facilities or under a specific contract, as provided in the order or |
|
|
resolution authorizing the issuance of the bonds. (Acts 61st Leg., |
|
|
R.S., Ch. 846, Sec. 12 (part).) |
|
|
Sec. 9061.202. ADDITIONAL SECURITY. (a) Within the |
|
|
discretion of the board, bonds issued under this subchapter may be |
|
|
additionally secured by a deed of trust or mortgage lien on physical |
|
|
property of the district and franchises, easements, water rights |
|
|
and appropriation permits, leases, contracts, and all rights |
|
|
appurtenant to that property, vesting in the trustee: |
|
|
(1) the power to sell the property for payment of the |
|
|
debt; |
|
|
(2) the power to operate the property; and |
|
|
(3) all other powers to further secure the bonds. |
|
|
(b) A purchaser under a sale under the deed of trust or |
|
|
mortgage lien, if one is given: |
|
|
(1) is the absolute owner of the property, facilities, |
|
|
and rights purchased; and |
|
|
(2) may maintain and operate the property and |
|
|
facilities. (Acts 61st Leg., R.S., Ch. 846, Sec. 12 (part).) |
|
|
Sec. 9061.203. TRUST INDENTURE. A trust indenture created |
|
|
under Section 9061.202, regardless of the existence of a deed of |
|
|
trust or mortgage lien on the property, may: |
|
|
(1) contain provisions prescribed by the board for the |
|
|
security of the bonds and the preservation of the trust estate; |
|
|
(2) provide for amendment or modification of the trust |
|
|
indenture; |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds; |
|
|
(4) condition the right to spend district money or |
|
|
sell district property on the approval of a licensed engineer |
|
|
selected as provided by the trust indenture; and |
|
|
(5) provide for the investment of district money. |
|
|
(Acts 61st Leg., R.S., Ch. 846, Sec. 12 (part).) |
|
|
Sec. 9061.204. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF |
|
|
CERTAIN BONDS. (a) In an order or resolution authorizing the |
|
|
issuance of revenue, tax-revenue, revenue refunding, or |
|
|
tax-revenue refunding bonds, the board may: |
|
|
(1) provide for: |
|
|
(A) the flow of money; and |
|
|
(B) the establishment and maintenance of the |
|
|
interest and sinking fund, reserve fund, or other fund; |
|
|
(2) make additional covenants with respect to the |
|
|
bonds and the pledged revenue and the operation and maintenance of |
|
|
the improvements and facilities the revenue of which is pledged, |
|
|
including provisions for the operation or leasing of all or part of |
|
|
the improvements and facilities and the use or pledge of money |
|
|
received from the operation contract or lease as the board |
|
|
considers appropriate; |
|
|
(3) prohibit the further issuance of bonds or other |
|
|
obligations payable from the pledged revenue or reserve the right |
|
|
to issue additional bonds to be secured by a pledge of and payable |
|
|
from the revenue on a parity with, or subordinate to, the lien and |
|
|
pledge in support of the bonds being issued, subject to any |
|
|
conditions set forth in the order or resolution; and |
|
|
(4) include any other provision or covenant, as the |
|
|
board determines, that is not prohibited by the Texas Constitution |
|
|
or this chapter. |
|
|
(b) The board may adopt and cause to be executed any other |
|
|
proceeding or instrument necessary or convenient in the issuance of |
|
|
the bonds. (Acts 61st Leg., R.S., Ch. 846, Sec. 12 (part).) |
|
|
Sec. 9061.205. USE OF BOND PROCEEDS. (a) The district may |
|
|
appropriate or set aside out of proceeds from the sale of district |
|
|
bonds an amount for: |
|
|
(1) the payment of interest, administrative, and |
|
|
operating expenses expected to accrue during the period of |
|
|
construction, as may be provided in the bond orders or resolutions; |
|
|
and |
|
|
(2) the payment of all expenses incurred and to be |
|
|
incurred in the issuance, sale, and delivery of the bonds. |
|
|
(b) For purposes of this section, the period of construction |
|
|
may not exceed three years. (Acts 61st Leg., R.S., Ch. 846, Sec. 12 |
|
|
(part).) |
|
|
CHAPTER 9062. TREASURE ISLAND MUNICIPAL UTILITY DISTRICT OF |
|
|
BRAZORIA COUNTY, TEXAS |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9062.001. DEFINITIONS |
|
|
Sec. 9062.002. NATURE OF DISTRICT |
|
|
Sec. 9062.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9062.004. DISSOLUTION OF DISTRICT |
|
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
|
Sec. 9062.051. DISTRICT TERRITORY |
|
|
Sec. 9062.052. ADDITION OF LAND TO DISTRICT |
|
|
Sec. 9062.053. EXCLUSION OF LAND FROM DISTRICT |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 9062.101. COMPOSITION OF BOARD |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 9062.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
POWERS |
|
|
Sec. 9062.152. RECLAMATION AND DRAINAGE |
|
|
Sec. 9062.153. ACQUISITION OF IMPROVEMENTS |
|
|
Sec. 9062.154. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 9062.155. LIMIT ON EMINENT DOMAIN POWER |
|
|
Sec. 9062.156. DURATION OF CONTRACT FOR WATER PURCHASE |
|
|
OR SALE |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 9062.201. TAX METHOD |
|
|
Sec. 9062.202. DEPOSITORY |
|
|
CHAPTER 9062. TREASURE ISLAND MUNICIPAL UTILITY DISTRICT OF |
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BRAZORIA COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9062.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "District" means the Treasure Island Municipal |
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Utility District of Brazoria County, Texas. (Acts 59th Leg., R.S., |
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Ch. 532, Sec. 1 (part); New.) |
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Sec. 9062.002. NATURE OF DISTRICT. The district is: |
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(1) a conservation and reclamation district in |
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Brazoria County under Section 59, Article XVI, Texas Constitution; |
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(2) a water control and improvement district; and |
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(3) a municipal corporation. (Acts 59th Leg., R.S., |
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Ch. 532, Secs. 1 (part), 6 (part), 8 (part).) |
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Sec. 9062.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property in the district will benefit |
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from the creation of the district and the improvements the district |
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will purchase, construct, or otherwise acquire. |
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(c) The district is essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution. (Acts 59th Leg., |
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R.S., Ch. 532, Secs. 6 (part), 8 (part).) |
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Sec. 9062.004. DISSOLUTION OF DISTRICT. The district may |
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be dissolved by the board in accordance with Sections |
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51.781-51.791, Water Code. (Acts 59th Leg., R.S., Ch. 532, Sec. 4 |
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(part).) |
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SUBCHAPTER B. DISTRICT TERRITORY |
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Sec. 9062.051. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 1, Chapter 532, Acts |
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of the 59th Legislature, Regular Session, 1965, as that territory |
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may have been modified under: |
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(1) Subchapter O, Chapter 51, Water Code; |
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(2) Subchapter J, Chapter 49, Water Code; |
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(3) Section 9062.052 or its predecessor statute, |
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former Section 4, Chapter 532, Acts of the 59th Legislature, |
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Regular Session, 1965; or |
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(4) other law. (New.) |
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Sec. 9062.052. ADDITION OF LAND TO DISTRICT. The district |
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may not add land to the district unless: |
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(1) an owner of land adjacent or contiguous to the |
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district requests in writing that the district add land; |
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(2) the owner of the land to be added consents to the |
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addition; and |
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(3) the land is adjacent or contiguous to the district |
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when added. (Acts 59th Leg., R.S., Ch. 532, Sec. 4 (part).) |
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Sec. 9062.053. EXCLUSION OF LAND FROM DISTRICT. (a) Land |
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may be excluded from the district in the manner provided by: |
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(1) Subchapter O, Chapter 51, Water Code; or |
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(2) Subchapter J, Chapter 49, Water Code. |
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(b) The board is not required to call or hold a hearing on |
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the exclusion of land or other property from the district; |
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provided, however, that the board shall hold a hearing if an owner |
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of land or other property located in the district files a written |
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request for a hearing with the board secretary before the |
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district's first bond election is called. |
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(c) Subsection (b) may not be construed to prevent the board |
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on its own motion from calling and holding an exclusion hearing |
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under general law. (Acts 59th Leg., R.S., Ch. 532, Secs. 4 (part), |
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6 (part).) |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 9062.101. COMPOSITION OF BOARD. The board is composed |
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of five elected directors. (Acts 59th Leg., R.S., Ch. 532, Sec. 3 |
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(part).) |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 9062.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS. The district has the rights, powers, privileges, and |
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duties provided by general law applicable to a water control and |
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improvement district created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
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Leg., R.S., Ch. 532, Sec. 2 (part).) |
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Sec. 9062.152. RECLAMATION AND DRAINAGE. The district may |
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provide for the reclamation and drainage of overflowed land and |
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other land needing drainage in the district. (Acts 59th Leg., R.S., |
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Ch. 532, Sec. 2 (part).) |
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Sec. 9062.153. ACQUISITION OF IMPROVEMENTS. The district |
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may make, construct, or otherwise acquire improvements inside or |
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outside the district that are necessary to carry out a power granted |
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to the district under this chapter or a general law described by |
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Section 9062.151. (Acts 59th Leg., R.S., Ch. 532, Sec. 2 (part).) |
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Sec. 9062.154. COST OF RELOCATING OR ALTERING PROPERTY. |
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(a) In this section, "sole expense" means the actual cost of |
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relocating, raising, lowering, rerouting, changing the grade of, or |
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altering the construction of a facility described by Subsection (b) |
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in providing comparable replacement without enhancement of the |
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facility, after deducting from that cost the net salvage value |
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derived from the old facility. |
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(b) If the district's exercise of the power of eminent |
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domain, the power of relocation, or any other power granted by this |
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chapter makes necessary relocating, raising, rerouting, changing |
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the grade of, or altering the construction of a highway, railroad, |
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electric transmission line, telephone or telegraph property or |
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facility, or pipeline, the necessary action shall be accomplished |
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at the sole expense of the district. (Acts 59th Leg., R.S., Ch. |
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532, Sec. 2 (part).) |
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Sec. 9062.155. LIMIT ON EMINENT DOMAIN POWER. The district |
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may not exercise the power of eminent domain outside the district. |
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(Acts 59th Leg., R.S., Ch. 532, Sec. 2 (part).) |
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Sec. 9062.156. DURATION OF CONTRACT FOR WATER PURCHASE OR |
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SALE. A district contract for the purchase or sale of water may not |
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exceed 40 years. (Acts 59th Leg., R.S., Ch. 532, Sec. 2 (part).) |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 9062.201. TAX METHOD. (a) The district shall use the |
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ad valorem basis or plan of taxation. |
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(b) The board is not required to hold a hearing on the |
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adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 532, |
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Sec. 6 (part).) |
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Sec. 9062.202. DEPOSITORY. (a) The board by resolution |
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shall designate one or more banks inside or outside the district to |
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serve as the district's depository. A designated bank serves for |
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two years and until a successor is designated. |
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(b) All district money shall be secured in the manner |
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provided for securing county funds. (Acts 59th Leg., R.S., Ch. 532, |
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Sec. 7.) |
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CHAPTER 9063. UPPER JASPER COUNTY WATER AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9063.001. DEFINITIONS |
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Sec. 9063.002. NATURE OF AUTHORITY |
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Sec. 9063.003. AUTHORITY TERRITORY |
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Sec. 9063.004. SABINE RIVER AUTHORITY NOT AFFECTED; |
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LEGISLATIVE INTENT |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9063.051. COMPOSITION OF BOARD |
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Sec. 9063.052. QUALIFICATIONS FOR OFFICE |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9063.101. GENERAL POWERS |
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Sec. 9063.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS |
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Sec. 9063.103. COOPERATION AND AGREEMENTS WITH OTHER |
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AGENCIES |
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Sec. 9063.104. COST OF RELOCATING OR ALTERING PROPERTY |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9063.151. TAX METHOD; HEARING REQUIRED |
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CHAPTER 9063. UPPER JASPER COUNTY WATER AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9063.001. DEFINITIONS. In this chapter: |
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(1) "Authority" means the Upper Jasper County Water |
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Authority. |
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(2) "Board" means the authority's board of directors. |
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(3) "Director" means a board member. (Acts 54th Leg., |
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R.S., Ch. 508, Sec. 1 (part); New.) |
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Sec. 9063.002. NATURE OF AUTHORITY. (a) The authority is a |
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conservation and reclamation district. |
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(b) The creation of the authority is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
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54th Leg., R.S., Ch. 508, Sec. 1 (part).) |
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Sec. 9063.003. AUTHORITY TERRITORY. The authority consists |
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of the territory included in the boundaries of County Commissioners |
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Precincts 1 and 2 of Jasper County, as those boundaries existed on |
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June 22, 1955. The authority's territory may have been modified |
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under: |
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(1) Subchapter O, Chapter 51, Water Code; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. (Acts 54th Leg., R.S., Ch. 508, Sec. 1 |
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(part); New.) |
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Sec. 9063.004. SABINE RIVER AUTHORITY NOT AFFECTED; |
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LEGISLATIVE INTENT. In enacting Chapter 508, Acts of the 54th |
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Legislature, Regular Session, 1955, revised as this chapter, the |
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legislature intended to preserve the area and authority of the |
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Sabine River Authority as that area and authority existed on June |
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22, 1955, and this chapter may not be construed as limiting the area |
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and authority of the Sabine River Authority as it existed on June |
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22, 1955. (Acts 54th Leg., R.S., Ch. 508, Sec. 4 (part).) |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9063.051. COMPOSITION OF BOARD. The authority is |
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governed by a board of five elected directors. (Acts 54th Leg., |
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R.S., Ch. 508, Sec. 2 (part).) |
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Sec. 9063.052. QUALIFICATIONS FOR OFFICE. (a) A director |
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must be: |
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(1) at least 18 years of age; |
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(2) a resident of the state and authority; and |
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(3) the owner of property subject to taxation in the |
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authority. |
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(b) At least one director must reside in County |
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Commissioners Precinct 1 of Jasper County. (Acts 54th Leg., R.S., |
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Ch. 508, Sec. 2 (part).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9063.101. GENERAL POWERS. The authority may exercise |
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the rights, privileges, and functions provided by this chapter. |
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(Acts 54th Leg., R.S., Ch. 508, Sec. 1 (part).) |
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Sec. 9063.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS. The authority has the rights, powers, privileges, and |
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duties provided by general law applicable to a water control and |
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improvement district created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 51, Water Code. (Acts 54th |
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Leg., R.S., Ch. 508, Sec. 3 (part); New.) |
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Sec. 9063.103. COOPERATION AND AGREEMENTS WITH OTHER |
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AGENCIES. (a) On terms the board determines to be in the best |
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interests of the authority, the authority may cooperate and enter |
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into agreements with another political subdivision of the state, |
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including the Sabine River Authority, for the construction, |
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improvement, extension, maintenance, repair, and operation of |
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water supply and distribution projects and facilities in the |
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authority. |
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(b) The authority may, separately or jointly with an agency |
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described by Subsection (a), acquire, construct, enlarge, improve, |
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extend, repair, maintain, and operate water distribution projects |
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and facilities for supplying water to users in the authority. (Acts |
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54th Leg., R.S., Ch. 508, Sec. 4 (part).) |
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Sec. 9063.104. COST OF RELOCATING OR ALTERING PROPERTY. If |
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the authority's exercise of the power of eminent domain, the power |
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of relocation, or any other power granted by this chapter makes |
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necessary relocating, raising, rerouting, changing the grade of, or |
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altering the construction of a railroad, highway or other public |
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road, electric transmission line, or telephone or telegraph |
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property or facility, the necessary action shall be accomplished at |
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the sole expense of the authority. (Acts 54th Leg., R.S., Ch. 508, |
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Sec. 3a.) |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9063.151. TAX METHOD; HEARING REQUIRED. Before an |
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election authorizing bonds, the board must hold a public hearing on |
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the adoption of the plan of taxation to be used by the authority and |
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adopt a plan of taxation. (Acts 54th Leg., R.S., Ch. 508, Sec. 3 |
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(part).) |
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SECTION 1.07. Subtitle X, Title 6, Special District Local |
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Laws Code, is amended by adding Chapters 11005, 11006, and 11007 to |
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read as follows: |
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CHAPTER 11005. MUENSTER WATER DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11005.001. DEFINITIONS |
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Sec. 11005.002. NATURE OF DISTRICT |
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Sec. 11005.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
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SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
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Sec. 11005.051. DISTRICT TERRITORY |
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Sec. 11005.052. ANNEXATION OF CITY TERRITORY |
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Sec. 11005.053. ANNEXATION OF OTHER TERRITORY |
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Sec. 11005.054. DETACHMENT OF DISTRICT TERRITORY AFTER |
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ISSUANCE OF BONDS |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 11005.101. COMPOSITION OF BOARD; TERMS |
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Sec. 11005.102. COMPENSATION OF DIRECTORS |
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Sec. 11005.103. QUALIFICATIONS FOR OFFICE |
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Sec. 11005.104. VACANCIES |
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Sec. 11005.105. REMOVAL FROM OFFICE |
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Sec. 11005.106. BOARD RESOLUTIONS; QUORUM; VOTING |
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REQUIREMENTS |
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Sec. 11005.107. OFFICERS AND ASSISTANTS |
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Sec. 11005.108. DUTIES OF OFFICERS AND ASSISTANTS |
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Sec. 11005.109. MEETINGS |
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Sec. 11005.110. PERSONAL LIABILITY OF DIRECTORS |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 11005.151. DISTRICT POWERS |
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Sec. 11005.152. PERMITS |
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Sec. 11005.153. GENERAL AUTHORITY OF PUBLIC AGENCIES |
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AND POLITICAL SUBDIVISIONS TO |
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CONTRACT WITH DISTRICT |
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Sec. 11005.154. DISTRICT AUTHORITY TO CONTRACT TO |
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SUPPLY WATER |
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Sec. 11005.155. SOURCES FOR WATER; ACQUISITION OF |
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LAND; STORAGE CAPACITY |
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Sec. 11005.156. CONSTRUCTION CONTRACTS |
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Sec. 11005.157. CONVEYANCE OF LAND TO DISTRICT |
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Sec. 11005.158. SURPLUS PROPERTY |
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Sec. 11005.159. EMINENT DOMAIN |
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Sec. 11005.160. COST OF RELOCATING OR ALTERING |
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PROPERTY; RIGHTS-OF-WAY AND |
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EASEMENTS |
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Sec. 11005.161. OTHER DISTRICT POWERS |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 11005.201. DEPOSITORY |
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Sec. 11005.202. INVESTMENT OF DISTRICT MONEY |
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Sec. 11005.203. DISTRICT FACILITIES EXEMPT FROM |
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TAXATION AND ASSESSMENT |
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SUBCHAPTER F. BONDS |
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Sec. 11005.251. AUTHORITY TO ISSUE BONDS |
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Sec. 11005.252. FORM OF BONDS |
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Sec. 11005.253. MATURITY |
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Sec. 11005.254. ELECTION FOR BONDS PAYABLE FROM AD |
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VALOREM TAXES |
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Sec. 11005.255. BONDS SECURED BY REVENUE; ADDITIONAL |
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BONDS |
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Sec. 11005.256. BONDS PAYABLE FROM AD VALOREM TAXES |
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Sec. 11005.257. ADDITIONAL SECURITY |
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Sec. 11005.258. TRUST INDENTURE |
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Sec. 11005.259. RATES FOR SERVICES; PAYMENT OF REVENUE |
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BONDS |
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Sec. 11005.260. USE OF BOND PROCEEDS |
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Sec. 11005.261. APPOINTMENT OF RECEIVER |
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Sec. 11005.262. REFUNDING BONDS |
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Sec. 11005.263. LIMITATION ON RIGHTS OF BONDHOLDERS |
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Sec. 11005.264. BONDS EXEMPT FROM TAXATION |
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CHAPTER 11005. MUENSTER WATER DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11005.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "City" means the city of Muenster. |
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(3) "City council" means the city council of the city. |
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(4) "Director" means a member of the board appointed |
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by the city council. |
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(5) "District" means the Muenster Water District. |
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(Acts 63rd Leg., R.S., Ch. 619, Secs. 1 (part), 2 (part), 4(a) |
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(part); New.) |
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Sec. 11005.002. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under Section 59, |
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Article XVI, Texas Constitution. (Acts 63rd Leg., R.S., Ch. 619, |
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Sec. 1 (part).) |
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Sec. 11005.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All territory and taxable property in the city will benefit |
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from the works and improvements of the district. |
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(b) The accomplishment of the purposes stated in this |
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chapter will benefit the people of this state and improve their |
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property and industries. |
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(c) The district, in carrying out the purposes of this |
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chapter, will be performing an essential public function under the |
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constitution. (Acts 63rd Leg., R.S., Ch. 619, Secs. 2 (part), 22 |
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(part).) |
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SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
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Sec. 11005.051. DISTRICT TERRITORY. (a) The boundaries of |
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the district are coextensive with the boundaries of the city as |
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those boundaries existed on January 1, 1973, and as the district |
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territory may have been modified under: |
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(1) this subchapter or its predecessor statute, |
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Section 7, Chapter 619, Acts of the 63rd Legislature, Regular |
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Session, 1973; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. |
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(b) An invalidity in the fixing of the boundaries of the |
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city as they existed on January 1, 1973, does not affect the |
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boundaries of the district. (Acts 63rd Leg., R.S., Ch. 619, Sec. 2 |
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(part); New.) |
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Sec. 11005.052. ANNEXATION OF CITY TERRITORY. (a) |
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Territory annexed to the city after January 1, 1973, may be annexed |
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to the district as provided by this section. |
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(b) At any time after final passage of an ordinance or |
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resolution annexing territory to the city, the board may give |
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notice of a hearing on the question of annexing that territory to |
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the district. The notice is sufficient if it: |
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(1) states the date and place of the hearing; and |
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(2) describes the territory proposed to be annexed or |
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refers to the annexation ordinance or resolution of the city. |
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(c) At least 10 days before the date set for the hearing, the |
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notice must be published one time in a newspaper of general |
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circulation in the city. |
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(d) If, as a result of the hearing, the board finds that the |
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territory will benefit from the present or contemplated |
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improvements, works, or facilities of the district, the board shall |
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adopt a resolution annexing the territory to the district. |
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(e) After the territory is annexed to the district, the |
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board may hold an election in the entire district to determine |
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whether: |
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(1) the entire district will assume any tax-supported |
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bonds then outstanding and those bonds previously voted but not yet |
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sold; and |
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(2) an ad valorem tax for the payment of the bonds will |
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be imposed on all taxable property in the district. |
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(f) An election held under Subsection (e) must be held and |
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notice must be given in the same manner as an election is held and |
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notice is given under Section 11005.254 for the issuance of bonds. |
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(Acts 63rd Leg., R.S., Ch. 619, Secs. 7 (part), (a), (b), (c), (d).) |
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Sec. 11005.053. ANNEXATION OF OTHER TERRITORY. (a) |
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Territory other than territory subject to Section 11005.052 may be |
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annexed to the district as provided by this section. |
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(b) The board may annex territory or a municipality under |
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this section only if a petition requesting annexation is signed by |
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50 registered voters of the territory or municipality to be |
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annexed, or a majority of the registered voters of that territory or |
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municipality, whichever is fewer, and is filed with the board. The |
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petition must describe the territory to be annexed by metes and |
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bounds, or otherwise. If the territory is the same as that |
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contained in the boundaries of a municipality, the petition is |
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sufficient if it states that the territory to be annexed is the |
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territory contained in the municipal boundaries. |
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(c) If the board finds that the petition complies with |
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Subsection (b), that the annexation would be in the best interest of |
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the territory or municipality and the district, and that the |
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district will be able to supply water to the territory or |
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municipality, the board shall: |
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(1) adopt a resolution stating the conditions, if any, |
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|
under which the territory or municipality may be annexed to the |
|
|
district; and |
|
|
(2) set a time and place to hold a hearing on the |
|
|
question of whether the territory or municipality to be annexed |
|
|
will benefit from: |
|
|
(A) the improvements, works, or facilities owned |
|
|
or operated or contemplated to be owned or operated by the district; |
|
|
or |
|
|
(B) the other functions of the district. |
|
|
(d) At least 10 days before the date of the hearing, notice |
|
|
of the adoption of the resolution stating the time and place of the |
|
|
hearing must be published one time in a newspaper of general |
|
|
circulation in the territory or municipality proposed to be |
|
|
annexed. The notice must describe the territory in the same manner |
|
|
in which Subsection (b) requires or permits the petition to |
|
|
describe the territory. |
|
|
(e) Any interested person may appear at the hearing and |
|
|
offer evidence for or against the annexation. |
|
|
(f) The hearing may proceed in the order and under the rules |
|
|
prescribed by the board. The hearing may be recessed from time to |
|
|
time. |
|
|
(g) If, at the conclusion of the hearing, the board finds |
|
|
that the property in the territory or municipality will benefit |
|
|
from the present or contemplated improvements, works, or facilities |
|
|
of the district, the board shall adopt a resolution making a finding |
|
|
of the benefit and calling an election in the territory or |
|
|
municipality to be annexed. |
|
|
(h) The resolution must state: |
|
|
(1) the date of the election; |
|
|
(2) each place where the election will be held; and |
|
|
(3) the proposition to be voted on. |
|
|
(i) At least 10 days before the date set for the election, |
|
|
notice of the election must be given by publishing a substantial |
|
|
copy of the resolution calling the election one time in a newspaper |
|
|
of general circulation in the territory proposed to be annexed. |
|
|
(j) In calling an election on the proposition for annexation |
|
|
of the territory or municipality, the board may include, as part of |
|
|
the same proposition or as a separate proposition, a proposition |
|
|
for: |
|
|
(1) the territory to assume its part of the |
|
|
tax-supported bonds of the district then outstanding and those |
|
|
bonds previously voted but not yet sold; and |
|
|
(2) an ad valorem tax to be imposed on taxable property |
|
|
in the territory along with the tax in the rest of the district for |
|
|
the payment of the bonds. |
|
|
(k) If a majority of the votes cast at the election are in |
|
|
favor of annexation, the board by resolution shall annex the |
|
|
territory to the district. |
|
|
(l) An annexation under this section is incontestable |
|
|
except in the manner and within the time for contesting elections |
|
|
under the Election Code. (Acts 63rd Leg., R.S., Ch. 619, Sec. 7(e) |
|
|
(part).) |
|
|
Sec. 11005.054. DETACHMENT OF DISTRICT TERRITORY AFTER |
|
|
ISSUANCE OF BONDS. Territory may not be detached from the district |
|
|
after the issuance of bonds payable from revenue or taxes, or both |
|
|
revenue and taxes. (Acts 63rd Leg., R.S., Ch. 619, Sec. 17(a) |
|
|
(part).) |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 11005.101. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors appointed by the |
|
|
city council. The directors occupy numbered places on the board. |
|
|
(b) Directors serve staggered two-year terms, with the |
|
|
terms of the directors occupying Places 1, 2, and 3 expiring at |
|
|
midnight on March 1 of each odd-numbered year and the terms of the |
|
|
directors occupying Places 4 and 5 expiring at midnight on March 1 |
|
|
of each even-numbered year. |
|
|
(c) The mayor of the city serves, ex officio, as an honorary |
|
|
board member. The mayor may attend all board meetings and |
|
|
participate in all board proceedings except that the mayor may not |
|
|
vote. (Acts 63rd Leg., R.S., Ch. 619, Sec. 4(a) (part).) |
|
|
Sec. 11005.102. COMPENSATION OF DIRECTORS. (a) A director |
|
|
may not receive any remuneration or emolument of office, but the |
|
|
director is entitled to reimbursement for the actual expenses |
|
|
incurred in performing the director's duties, to the extent |
|
|
authorized and permitted by the board. |
|
|
(b) In all areas of conflict with Subsection (a) of this |
|
|
section, Section 49.060, Water Code, takes precedence. |
|
|
(c) A director's compensation may be increased as |
|
|
authorized by Section 49.060, Water Code, by resolution adopted by |
|
|
the board in accordance with Subsection (e) of that section on or |
|
|
after September 1, 1995. (Acts 63rd Leg., R.S., Ch. 619, Sec. 5(a); |
|
|
New.) |
|
|
Sec. 11005.103. QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be appointed or to serve as a director, a person: |
|
|
(1) must be a resident, qualified voter of the |
|
|
district; |
|
|
(2) must not hold any other public office; and |
|
|
(3) must not be an officer or employee of the city. |
|
|
(b) A director is eligible for reappointment. (Acts 63rd |
|
|
Leg., R.S., Ch. 619, Secs. 4(a) (part), (b).) |
|
|
Sec. 11005.104. VACANCIES. Any vacancy occurring on the |
|
|
board shall be filled for the unexpired term by appointment in the |
|
|
manner in which the vacating director was appointed. (Acts 63rd |
|
|
Leg., R.S., Ch. 619, Sec. 4(a) (part).) |
|
|
Sec. 11005.105. REMOVAL FROM OFFICE. (a) After reasonable |
|
|
notice and a public hearing, the board may remove a director from |
|
|
office for misfeasance, malfeasance, or wilful neglect of duty. |
|
|
(b) Reasonable notice and a public hearing are not required |
|
|
if the notice and hearing are expressly waived in writing. (Acts |
|
|
63rd Leg., R.S., Ch. 619, Sec. 4(c).) |
|
|
Sec. 11005.106. BOARD RESOLUTIONS; QUORUM; VOTING |
|
|
REQUIREMENTS. (a) The district shall act through resolutions |
|
|
adopted by the board. |
|
|
(b) Three directors constitute a quorum. |
|
|
(c) Each director has a vote. |
|
|
(d) The affirmative vote of at least three directors is |
|
|
necessary to adopt any resolution. (Acts 63rd Leg., R.S., Ch. 619, |
|
|
Sec. 5(c).) |
|
|
Sec. 11005.107. OFFICERS AND ASSISTANTS. (a) The board |
|
|
shall elect a president, vice president, secretary, and treasurer |
|
|
at the first meeting of the board in March of each year or at any |
|
|
time necessary to fill a vacancy. |
|
|
(b) The board shall elect the president and vice president |
|
|
from among the directors. |
|
|
(c) The president shall serve for a term of one year. |
|
|
(d) The offices of secretary and treasurer: |
|
|
(1) may be held by one person; and |
|
|
(2) are not required to be held by a director. |
|
|
(e) The board may appoint as assistant board secretary one |
|
|
or more persons who are not directors. (Acts 63rd Leg., R.S., Ch. |
|
|
619, Secs. 5(b) (part), (d) (part).) |
|
|
Sec. 11005.108. DUTIES OF OFFICERS AND ASSISTANTS. (a) The |
|
|
board president shall preside at board meetings and perform other |
|
|
duties prescribed by the board. |
|
|
(b) The board secretary is the official custodian of the |
|
|
minutes, books, records, and seal of the board and shall perform |
|
|
other duties and functions prescribed by the board. An assistant |
|
|
board secretary may perform any duty or function of the board |
|
|
secretary. |
|
|
(c) The board treasurer shall perform duties and functions |
|
|
prescribed by the board. (Acts 63rd Leg., R.S., Ch. 619, Sec. 5(b) |
|
|
(part).) |
|
|
Sec. 11005.109. MEETINGS. The board shall have regular |
|
|
meetings at times specified by board resolution and shall have |
|
|
special meetings when called by the board president or by any three |
|
|
directors. (Acts 63rd Leg., R.S., Ch. 619, Sec. 5(e).) |
|
|
Sec. 11005.110. PERSONAL LIABILITY OF DIRECTORS. A |
|
|
director is not personally liable for any bond issued or contract |
|
|
executed by the district. (Acts 63rd Leg., R.S., Ch. 619, Sec. |
|
|
5(f).) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 11005.151. DISTRICT POWERS. The district may exercise |
|
|
any power necessary or appropriate to achieve the purposes of this |
|
|
chapter, including the power to: |
|
|
(1) sue and be sued, and plead and be impleaded, in its |
|
|
own name; |
|
|
(2) adopt an official seal; |
|
|
(3) adopt and enforce bylaws and rules for the conduct |
|
|
of its affairs; |
|
|
(4) acquire, hold, use, and dispose of its receipts |
|
|
and money from any source; |
|
|
(5) select a depository or depositories; |
|
|
(6) acquire, own, rent, lease, accept, hold, or |
|
|
dispose of property, or an interest in property, including a right |
|
|
or easement, by purchase, exchange, gift, assignment, |
|
|
condemnation, sale, lease, or otherwise, in performing district |
|
|
duties or exercising district powers under this chapter; |
|
|
(7) hold, manage, operate, or improve property; |
|
|
(8) lease or rent any land, building, structure, or |
|
|
facility from or to any person; |
|
|
(9) sell, assign, lease, encumber, mortgage, or |
|
|
otherwise dispose of property, or an interest in property, and |
|
|
release or relinquish a right, title, claim, lien, interest, |
|
|
easement, or demand, regardless of the manner in which acquired, |
|
|
and conduct a transaction authorized by this subdivision by public |
|
|
or private sale, with or without public bidding; |
|
|
(10) issue bonds, provide for and secure the payment |
|
|
of the bonds, and provide for the rights of the holders of the bonds |
|
|
in the manner and to the extent authorized by this chapter; |
|
|
(11) request and accept any appropriation, grant, |
|
|
allocation, subsidy, guaranty, aid, service, material, or gift from |
|
|
any source, including the federal government, the state, a public |
|
|
agency, or a political subdivision; |
|
|
(12) operate and maintain an office; |
|
|
(13) appoint and determine the duties, tenure, |
|
|
qualifications, and compensation of officers, employees, agents, |
|
|
professional advisors, and counselors considered necessary or |
|
|
advisable by the board, including financial consultants, |
|
|
accountants, attorneys, architects, engineers, appraisers, and |
|
|
financing experts; and |
|
|
(14) exercise any power granted by Chapter 30, Water |
|
|
Code, to districts created under Section 59, Article XVI, Texas |
|
|
Constitution. (Acts 63rd Leg., R.S., Ch. 619, Sec. 6 (part).) |
|
|
Sec. 11005.152. PERMITS. (a) The district may obtain |
|
|
through appropriate proceedings an appropriation permit or a |
|
|
diversion permit from the Texas Commission on Environmental |
|
|
Quality. |
|
|
(b) The district may acquire a water appropriation permit |
|
|
from a permit owner by contract or otherwise. (Acts 63rd Leg., R.S., |
|
|
Ch. 619, Sec. 8 (part).) |
|
|
Sec. 11005.153. GENERAL AUTHORITY OF PUBLIC AGENCIES AND |
|
|
POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency |
|
|
or political subdivision of this state, including the city, may |
|
|
enter into a contract or agreement with the district, on terms |
|
|
agreed to by the parties, for any purpose relating to the district's |
|
|
powers or functions, including a contract or agreement for a water |
|
|
supply. Approval, notice, consent, or an election is not required |
|
|
in connection with the contract or agreement. (Acts 63rd Leg., |
|
|
R.S., Ch. 619, Sec. 9(b) (part).) |
|
|
Sec. 11005.154. DISTRICT AUTHORITY TO CONTRACT TO SUPPLY |
|
|
WATER. (a) The district may contract with municipalities and |
|
|
others, including the city, to supply water to them. The district |
|
|
may sell water inside or outside the boundaries of the district. |
|
|
(b) The district may contract with a public agency or |
|
|
political subdivision for the rental or leasing of or for the |
|
|
operation of the water production, water supply, water filtration |
|
|
or purification, and water supply facilities of the entity on the |
|
|
consideration agreed to by the district and the entity. |
|
|
(c) A contract under Subsection (a) or (b) may: |
|
|
(1) be on terms and for the time agreed to by the |
|
|
parties; and |
|
|
(2) provide that it will continue in effect until |
|
|
bonds specified in it and refunding bonds issued in lieu of the |
|
|
bonds are paid. |
|
|
(d) The district may contract with the city for the |
|
|
operation of the district's water facilities by the city. An |
|
|
election is not required in connection with the contract. (Acts |
|
|
63rd Leg., R.S., Ch. 619, Secs. 9(a) (part), 19.) |
|
|
Sec. 11005.155. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
|
STORAGE CAPACITY. (a) The district may acquire or construct, |
|
|
inside or outside the district, a reservoir or any work, plant, |
|
|
transmission line, or other facility necessary or useful to divert, |
|
|
impound, store, treat, or transport to the city and others water for |
|
|
municipal, domestic, industrial, mining, oil flooding, or any other |
|
|
useful purpose. |
|
|
(b) The district may develop or otherwise acquire |
|
|
underground sources of water. |
|
|
(c) The district may acquire land, or an interest in land, |
|
|
inside or outside the district, for any work, plant, or other |
|
|
facility necessary or useful to divert, impound, store, treat, or |
|
|
transport to the city and others water for municipal, domestic, |
|
|
industrial, mining, oil flooding, or any other useful purpose. |
|
|
(d) The district may lease, purchase, or otherwise acquire |
|
|
rights in and to storage and storage capacity in any reservoir |
|
|
constructed or to be constructed by any person or from the United |
|
|
States. (Acts 63rd Leg., R.S., Ch. 619, Secs. 8 (part), 9(a) |
|
|
(part), 10 (part).) |
|
|
Sec. 11005.156. CONSTRUCTION CONTRACTS. (a) The district |
|
|
may award a construction contract that requires an expenditure of |
|
|
more than $5,000 only after publication of notice to bidders once |
|
|
each week for two weeks in a newspaper of general circulation in the |
|
|
district. |
|
|
(b) The notice is sufficient if it states: |
|
|
(1) the time and place for opening the bids; |
|
|
(2) the general nature of the work to be done or the |
|
|
material, equipment, or supplies to be purchased; and |
|
|
(3) where the terms of bidding and copies of the plans |
|
|
and specifications may be obtained. (Acts 63rd Leg., R.S., Ch. 619, |
|
|
Sec. 12.) |
|
|
Sec. 11005.157. CONVEYANCE OF LAND TO DISTRICT. A public |
|
|
agency or political subdivision of this state, including the city, |
|
|
may lease, sell, or otherwise convey its land or an interest in its |
|
|
land to the district for consideration that the parties agree is |
|
|
adequate. Approval, notice, consent, or an election is not |
|
|
required in connection with the conveyance. (Acts 63rd Leg., R.S., |
|
|
Ch. 619, Sec. 9(b) (part).) |
|
|
Sec. 11005.158. SURPLUS PROPERTY. Subject to the terms of a |
|
|
resolution or deed of trust authorizing or securing bonds issued by |
|
|
the district, the district may sell, lease, rent, trade, or |
|
|
otherwise dispose of property that the board considers is not |
|
|
needed for a district purpose. (Acts 63rd Leg., R.S., Ch. 619, Sec. |
|
|
10 (part).) |
|
|
Sec. 11005.159. EMINENT DOMAIN. (a) To carry out a power |
|
|
conferred by this chapter, the district may exercise the power of |
|
|
eminent domain to acquire the fee simple title to land, or any other |
|
|
interest in land, and other property and easements, inside or |
|
|
outside the district, including land or an interest in land needed |
|
|
for a reservoir, dam, or flood easement above the probable |
|
|
high-water line around a reservoir. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. |
|
|
(c) The district is a municipal corporation for the purposes |
|
|
of Chapter 21, Property Code. |
|
|
(d) The board shall determine the amount and the type of |
|
|
interest in land, other property, or easements to be acquired under |
|
|
this section. (Acts 63rd Leg., R.S., Ch. 619, Sec. 11(a) (part).) |
|
|
Sec. 11005.160. COST OF RELOCATING OR ALTERING PROPERTY; |
|
|
RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its |
|
|
eminent domain, police, or other power requires relocating, |
|
|
raising, lowering, rerouting, or changing the grade of or altering |
|
|
the construction of any railroad, electric transmission, |
|
|
telegraph, or telephone line, conduit, pole, property, or facility |
|
|
or pipeline, the action shall be accomplished at the sole expense of |
|
|
the district. The term "sole expense" means the actual cost of the |
|
|
lowering, rerouting, or change in grade or alteration of |
|
|
construction to provide a comparable replacement without enhancing |
|
|
the facility, after deducting from the cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) The district has all necessary or useful rights-of-way |
|
|
and easements along, over, under, and across all public, state, |
|
|
municipal, and county roads, highways, and places for any of its |
|
|
purposes. The district shall restore a used facility to its |
|
|
previous condition as nearly as possible at the sole expense of the |
|
|
district. (Acts 63rd Leg., R.S., Ch. 619, Secs. 11(b), (c).) |
|
|
Sec. 11005.161. OTHER DISTRICT POWERS. The district has |
|
|
the same power as is conferred by general law on municipal utility |
|
|
districts or on water control and improvement districts, with |
|
|
reference to entering land and making surveys and attending to |
|
|
other business of the district. (Acts 63rd Leg., R.S., Ch. 619, |
|
|
Sec. 11(a) (part).) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 11005.201. DEPOSITORY. (a) The board shall designate |
|
|
one or more banks inside or outside the district to serve as the |
|
|
depository for the district's money. |
|
|
(b) District money shall be deposited in the depository |
|
|
designated by the board, except that: |
|
|
(1) bond proceeds and money pledged to pay bonds, to |
|
|
the extent provided in a resolution or trust indenture authorizing |
|
|
or securing district bonds, may be deposited with another bank or |
|
|
trustee named in the bond resolution or trust indenture; and |
|
|
(2) money shall be remitted to each paying agent for |
|
|
the payment of principal of and interest on the bonds. |
|
|
(c) To the extent that money in a depository bank or trustee |
|
|
bank is not insured by the Federal Deposit Insurance Corporation, |
|
|
the money must be secured in the manner provided by law for the |
|
|
security of municipal money. (Acts 63rd Leg., R.S., Ch. 619, Sec. |
|
|
20 (part).) |
|
|
Sec. 11005.202. INVESTMENT OF DISTRICT MONEY. The board |
|
|
may invest district money in obligations and make time deposits of |
|
|
district money in the manner determined by the board or in the |
|
|
manner permitted or required in a resolution or trust indenture |
|
|
authorizing or securing district bonds. (Acts 63rd Leg., R.S., Ch. |
|
|
619, Sec. 20 (part).) |
|
|
Sec. 11005.203. DISTRICT FACILITIES EXEMPT FROM TAXATION |
|
|
AND ASSESSMENT. The district is not required to pay a tax or |
|
|
assessment on its facilities or any part of its facilities. (Acts |
|
|
63rd Leg., R.S., Ch. 619, Sec. 22 (part).) |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 11005.251. AUTHORITY TO ISSUE BONDS. (a) The district |
|
|
may issue bonds payable from and secured by revenue or ad valorem |
|
|
taxes, or both revenue and ad valorem taxes, of the district to |
|
|
carry out any power conferred by this chapter. The bonds must be |
|
|
authorized by a board resolution. |
|
|
(b) The bonds must be issued in the manner and under the |
|
|
terms of the resolution authorizing the issuance of the bonds. |
|
|
(Acts 63rd Leg., R.S., Ch. 619, Secs. 14(a), (b) (part), (e) |
|
|
(part).) |
|
|
Sec. 11005.252. FORM OF BONDS. District bonds must be: |
|
|
(1) issued in the district's name; |
|
|
(2) signed by the president or vice president; and |
|
|
(3) attested by the secretary. (Acts 63rd Leg., R.S., |
|
|
Ch. 619, Sec. 14(b) (part).) |
|
|
Sec. 11005.253. MATURITY. District bonds must mature not |
|
|
later than 40 years after the date of their issuance. (Acts 63rd |
|
|
Leg., R.S., Ch. 619, Sec. 14(b) (part).) |
|
|
Sec. 11005.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
|
partly from ad valorem taxes may not be issued unless authorized by |
|
|
a majority of the district voters voting at an election held for |
|
|
that purpose. |
|
|
(b) The board may call an election under this section |
|
|
without a petition. The resolution calling the election must |
|
|
specify: |
|
|
(1) the time and place at which the election will be |
|
|
held; |
|
|
(2) the purpose for which the bonds will be issued; |
|
|
(3) the amount of the bonds; |
|
|
(4) the form of the ballot; and |
|
|
(5) other matters the board considers necessary or |
|
|
advisable. |
|
|
(c) Notice of the election must be given by publishing a |
|
|
substantial copy of the resolution calling the election in a |
|
|
newspaper of general circulation in the district. The notice must |
|
|
be published once each week for two consecutive weeks. The first |
|
|
publication must be not later than the 14th day before the date of |
|
|
the election. |
|
|
(d) The district may issue bonds not payable wholly or |
|
|
partly from ad valorem taxes without an election. (Acts 63rd Leg., |
|
|
R.S., Ch. 619, Secs. 17(a) (part), (b).) |
|
|
Sec. 11005.255. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
|
(a) District bonds issued may be secured by a pledge of all or part |
|
|
of the district's revenue, or by all or part of the revenue of one or |
|
|
more contracts previously or subsequently made or other revenue or |
|
|
income specified by board resolution or a trust indenture securing |
|
|
the bonds. The pledge may reserve the right, under conditions |
|
|
specified by the pledge, to issue additional bonds that will be on a |
|
|
parity with or subordinate to the bonds then being issued. |
|
|
(b) The district may issue bonds secured by both taxes and |
|
|
revenue of the district described by Subsection (a). (Acts 63rd |
|
|
Leg., R.S., Ch. 619, Secs. 14(d), (e) (part).) |
|
|
Sec. 11005.256. BONDS PAYABLE FROM AD VALOREM TAXES. (a) |
|
|
If bonds are issued payable wholly or partly from ad valorem taxes, |
|
|
the board shall annually impose a tax on the taxable property in the |
|
|
district in an amount sufficient to pay the principal of and |
|
|
interest on the bonds when due. |
|
|
(b) The district may adopt the rate of a tax imposed under |
|
|
Subsection (a) for any year after giving consideration to the money |
|
|
received from the pledged revenue that may be available for payment |
|
|
of principal and interest, to the extent and in the manner permitted |
|
|
by the resolution authorizing the issuance of the bonds. (Acts 63rd |
|
|
Leg., R.S., Ch. 619, Secs. 14(e) (part), 23(b) (part).) |
|
|
Sec. 11005.257. ADDITIONAL SECURITY. (a) District bonds, |
|
|
including refunding bonds, that are not payable wholly from ad |
|
|
valorem taxes may be additionally secured, at the discretion of the |
|
|
board, by a deed of trust or mortgage lien on physical property of |
|
|
the district and all franchises, easements, water rights and |
|
|
appropriation permits, leases, and contracts and all rights |
|
|
appurtenant to the property, vesting in the trustee power to: |
|
|
(1) sell the property for the payment of the debt; |
|
|
(2) operate the property; and |
|
|
(3) take other action to further secure the bonds. |
|
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
|
one is given: |
|
|
(1) is the absolute owner of property, facilities, and |
|
|
rights purchased; and |
|
|
(2) is entitled to maintain and operate the property, |
|
|
facilities, and rights. (Acts 63rd Leg., R.S., Ch. 619, Sec. 16 |
|
|
(part).) |
|
|
Sec. 11005.258. TRUST INDENTURE. (a) District bonds, |
|
|
including refunding bonds, that are not payable wholly from ad |
|
|
valorem taxes may be additionally secured by a trust indenture. The |
|
|
trustee may be a bank with trust powers located inside or outside |
|
|
the state. |
|
|
(b) A trust indenture, regardless of the existence of a deed |
|
|
of trust or mortgage lien on property, may: |
|
|
(1) provide for the security of the bonds and the |
|
|
preservation of the trust estate as prescribed by the board; |
|
|
(2) provide for amendment or modification of the trust |
|
|
indenture; |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds; |
|
|
(4) condition the right to spend district money or |
|
|
sell district property on the approval of a licensed engineer |
|
|
selected as provided by the trust indenture; and |
|
|
(5) provide for the investment of district money. |
|
|
(Acts 63rd Leg., R.S., Ch. 619, Sec. 16 (part).) |
|
|
Sec. 11005.259. RATES FOR SERVICES; PAYMENT OF REVENUE |
|
|
BONDS. (a) If district bonds payable wholly from revenue are |
|
|
issued, the board shall set the rates of compensation for water sold |
|
|
and services provided by the district. The rates must be sufficient |
|
|
to: |
|
|
(1) pay the expense of operating and maintaining |
|
|
district facilities; |
|
|
(2) pay the principal of and interest on the bonds when |
|
|
due; and |
|
|
(3) maintain the reserve fund and other funds as |
|
|
provided in the resolution authorizing the bonds. |
|
|
(b) If bonds payable partly from revenue are issued, the |
|
|
board shall set the rate of compensation for water sold and any |
|
|
other services provided by the district. The rate must be |
|
|
sufficient to ensure compliance with the resolution authorizing the |
|
|
bonds or the trust indenture securing the bonds. (Acts 63rd Leg., |
|
|
R.S., Ch. 619, Sec. 14(f).) |
|
|
Sec. 11005.260. USE OF BOND PROCEEDS. (a) The district may |
|
|
set aside an amount of proceeds from the sale of district bonds for: |
|
|
(1) the payment of interest expected to accrue during |
|
|
construction not to exceed three years; |
|
|
(2) a reserve interest and sinking fund; and |
|
|
(3) other funds as may be provided in the resolution |
|
|
authorizing the bonds or in the trust indenture. |
|
|
(b) The district may use proceeds from the sale of the bonds |
|
|
to pay any expense necessarily incurred in accomplishing the |
|
|
purpose of the district, including any expense of issuing and |
|
|
selling the bonds. (Acts 63rd Leg., R.S., Ch. 619, Sec. 14(g).) |
|
|
Sec. 11005.261. APPOINTMENT OF RECEIVER. (a) On default or |
|
|
threatened default in the payment of the principal of or interest on |
|
|
district bonds that are payable wholly or partly from revenue, a |
|
|
court may, on petition of the holders of outstanding bonds, appoint |
|
|
a receiver for the district. |
|
|
(b) The receiver may collect and receive all district |
|
|
income, except taxes, employ and discharge district agents and |
|
|
employees, take charge of money on hand, except money received from |
|
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
|
district without consent or hindrance by the board. |
|
|
(c) The receiver may be authorized to sell or contract for |
|
|
the sale of water or to renew those contracts with the approval of |
|
|
the court that appointed the receiver. |
|
|
(d) The court may vest the receiver with any other power or |
|
|
duty the court finds necessary to protect the bondholders. (Acts |
|
|
63rd Leg., R.S., Ch. 619, Sec. 14(h) (part).) |
|
|
Sec. 11005.262. REFUNDING BONDS. (a) The district may |
|
|
issue refunding bonds to refund outstanding district bonds and |
|
|
interest on those bonds. |
|
|
(b) Refunding bonds may: |
|
|
(1) be issued to refund bonds of more than one series; |
|
|
(2) combine the pledges for the outstanding bonds for |
|
|
the security of the refunding bonds; or |
|
|
(3) be secured by a pledge of other or additional |
|
|
revenue or mortgage liens. |
|
|
(c) The provisions of this subchapter regarding the |
|
|
issuance of other bonds, their security, and the remedies of the |
|
|
holders apply to refunding bonds. |
|
|
(d) The comptroller shall register the refunding bonds on |
|
|
surrender and cancellation of the bonds to be refunded. |
|
|
(e) Instead of issuing bonds to be registered on the |
|
|
surrender and cancellation of the bonds to be refunded, the |
|
|
district, in the resolution authorizing the issuance of the |
|
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
|
the deposit of the proceeds in a bank at which the bonds to be |
|
|
refunded are payable. In that case, the refunding bonds may be |
|
|
issued in an amount sufficient to pay the principal of and interest |
|
|
and any required redemption premium on the bonds to be refunded to |
|
|
any redemption date or to their maturity date, and the comptroller |
|
|
shall register the refunding bonds without the surrender and |
|
|
cancellation of the bonds to be refunded. |
|
|
(f) An election is not required to authorize the issuance of |
|
|
refunding bonds. |
|
|
(g) The district may also issue refunding bonds under any |
|
|
other applicable law. (Acts 63rd Leg., R.S., Ch. 619, Sec. 15.) |
|
|
Sec. 11005.263. LIMITATION ON RIGHTS OF BONDHOLDERS. The |
|
|
resolution authorizing the bonds or the trust indenture securing |
|
|
the bonds may limit or qualify the rights of the holders of less |
|
|
than all of the outstanding bonds payable from the same source to |
|
|
institute or prosecute litigation affecting the district's |
|
|
property or income. (Acts 63rd Leg., R.S., Ch. 619, Sec. 14(h) |
|
|
(part).) |
|
|
Sec. 11005.264. BONDS EXEMPT FROM TAXATION. A district |
|
|
bond, the transfer of the bond, and the income from the bond, |
|
|
including profits made on the sale of the bond, are exempt from |
|
|
taxation in this state. (Acts 63rd Leg., R.S., Ch. 619, Sec. 22 |
|
|
(part).) |
|
|
CHAPTER 11006. SOUTH TEXAS WATER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 11006.001. DEFINITIONS |
|
|
Sec. 11006.002. NATURE OF AUTHORITY |
|
|
Sec. 11006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION |
|
|
Sec. 11006.051. AUTHORITY TERRITORY |
|
|
Sec. 11006.052. ANNEXATION OF TERRITORY |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 11006.101. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 11006.102. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 11006.103. VACANCIES |
|
|
Sec. 11006.104. REMOVAL FROM OFFICE |
|
|
Sec. 11006.105. BOND |
|
|
Sec. 11006.106. BOARD RESOLUTIONS; VOTING |
|
|
Sec. 11006.107. OFFICERS AND ASSISTANTS |
|
|
Sec. 11006.108. DUTIES OF OFFICERS AND ASSISTANTS |
|
|
Sec. 11006.109. MEETINGS |
|
|
Sec. 11006.110. PERSONAL LIABILITY OF DIRECTORS |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 11006.151. GENERAL POWERS |
|
|
Sec. 11006.152. PERMITS |
|
|
Sec. 11006.153. GENERAL POWER OF PUBLIC AGENCIES AND |
|
|
POLITICAL SUBDIVISIONS TO CONTRACT |
|
|
WITH AUTHORITY |
|
|
Sec. 11006.154. CONTRACTS TO SUPPLY WATER |
|
|
Sec. 11006.155. SOURCES FOR WATER; ACQUISITION OF |
|
|
LAND; STORAGE CAPACITY |
|
|
Sec. 11006.156. CONVEYANCE OF LAND TO AUTHORITY |
|
|
Sec. 11006.157. SURPLUS PROPERTY |
|
|
Sec. 11006.158. EMINENT DOMAIN |
|
|
Sec. 11006.159. COST OF RELOCATING OR ALTERING |
|
|
PROPERTY; RIGHTS-OF-WAY AND |
|
|
EASEMENTS |
|
|
Sec. 11006.160. OTHER AUTHORITY POWERS |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 11006.201. DEPOSITORY |
|
|
Sec. 11006.202. INVESTMENT OF AUTHORITY MONEY |
|
|
Sec. 11006.203. AUTHORITY ACCOUNTS |
|
|
Sec. 11006.204. AUTHORITY FACILITIES EXEMPT FROM |
|
|
TAXATION AND ASSESSMENT |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 11006.251. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 11006.252. FORM OF BONDS |
|
|
Sec. 11006.253. MATURITY |
|
|
Sec. 11006.254. ELECTION FOR BONDS PAYABLE FROM AD |
|
|
VALOREM TAXES |
|
|
Sec. 11006.255. BONDS SECURED BY REVENUE; ADDITIONAL |
|
|
BONDS |
|
|
Sec. 11006.256. BONDS PAYABLE FROM AD VALOREM TAXES |
|
|
Sec. 11006.257. ADDITIONAL SECURITY |
|
|
Sec. 11006.258. TRUST INDENTURE |
|
|
Sec. 11006.259. CHARGES FOR AUTHORITY SERVICES |
|
|
Sec. 11006.260. USE OF BOND PROCEEDS |
|
|
Sec. 11006.261. APPOINTMENT OF RECEIVER |
|
|
Sec. 11006.262. REFUNDING BONDS |
|
|
Sec. 11006.263. LIMITATION ON RIGHTS OF BONDHOLDERS |
|
|
Sec. 11006.264. BONDS EXEMPT FROM TAXATION |
|
|
Sec. 11006.265. DETACHMENT OF AUTHORITY TERRITORY |
|
|
AFTER ISSUANCE OF BONDS |
|
|
CHAPTER 11006. SOUTH TEXAS WATER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 11006.001. DEFINITIONS. In this chapter: |
|
|
(1) "Authority" means the South Texas Water Authority. |
|
|
(2) "Board" means the board of directors of the |
|
|
authority. |
|
|
(3) "Cities" means the cities of Agua Dulce, Bishop, |
|
|
Driscoll, and Kingsville. |
|
|
(4) "Director" means a member of the board. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Secs. 1 (part), 4(a) (part); New.) |
|
|
Sec. 11006.002. NATURE OF AUTHORITY. The authority is a |
|
|
conservation and reclamation district created under Section 59, |
|
|
Article XVI, Texas Constitution. (Acts 66th Leg., R.S., Ch. 436, |
|
|
Sec. 1 (part).) |
|
|
Sec. 11006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
|
(a) The authority is created to serve a public use and benefit. |
|
|
(b) All land and other property in the authority will |
|
|
benefit from the works and projects to be accomplished by the |
|
|
authority under powers conferred by Section 59, Article XVI, Texas |
|
|
Constitution. |
|
|
(c) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
properties and industries. |
|
|
(d) The authority, in carrying out the purposes of this |
|
|
chapter, will be performing an essential public function under the |
|
|
constitution of this state. (Acts 66th Leg., R.S., Ch. 436, Secs. |
|
|
3, 22 (part).) |
|
|
SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION |
|
|
Sec. 11006.051. AUTHORITY TERRITORY. (a) The authority is |
|
|
composed of the territory described by Section 2, Chapter 436, Acts |
|
|
of the 66th Legislature, Regular Session, 1979, as that territory |
|
|
may have been modified under: |
|
|
(1) this subchapter or its predecessor statute, |
|
|
Section 7, Chapter 436, Acts of the 66th Legislature, Regular |
|
|
Session, 1979; |
|
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
|
(3) other law. |
|
|
(b) The boundaries of the authority form a closure. A |
|
|
mistake does not affect: |
|
|
(1) the authority's organization, existence, or |
|
|
validity; |
|
|
(2) the authority's right to issue any type of bond for |
|
|
a purpose for which the authority is created or to pay the principal |
|
|
of and interest on the bond; |
|
|
(3) the authority's right to impose a tax; or |
|
|
(4) the legality or operation of the authority, its |
|
|
bonds, or its governing body. (Acts 66th Leg., R.S., Ch. 436, Sec. |
|
|
2 (part).) |
|
|
Sec. 11006.052. ANNEXATION OF TERRITORY. (a) Territory |
|
|
may be annexed to the authority as provided by this section. |
|
|
(b) The board may annex territory or a municipality under |
|
|
this section only if a petition requesting annexation is signed by |
|
|
50 registered voters of the territory or municipality to be |
|
|
annexed, or a majority of the registered voters of that territory or |
|
|
municipality, whichever is fewer, and is filed with the board. The |
|
|
petition must describe the territory to be annexed by metes and |
|
|
bounds, or otherwise, except that if the territory is the same as |
|
|
that contained in the boundaries of a municipality, the petition is |
|
|
sufficient if it states that the territory to be annexed is the |
|
|
territory contained in the municipal boundaries. |
|
|
(c) If the board determines that the petition complies with |
|
|
Subsection (b), that the annexation would be in the best interest of |
|
|
the territory or municipality and the authority, and that the |
|
|
authority will be able to supply water or have water supplied to the |
|
|
territory or municipality, the board shall: |
|
|
(1) adopt a resolution stating the conditions, if any, |
|
|
under which the territory or municipality may be annexed to the |
|
|
authority; and |
|
|
(2) set a time and place to hold a hearing on the |
|
|
question of whether the territory or municipality to be annexed |
|
|
will benefit from: |
|
|
(A) the improvements, works, or facilities owned |
|
|
or operated or contemplated to be owned or operated by the |
|
|
authority; or |
|
|
(B) the other functions of the authority. |
|
|
(d) At least 10 days before the date of the hearing, notice |
|
|
of the adoption of the resolution stating the time and place of the |
|
|
hearing must be published one time in a newspaper of general |
|
|
circulation in the territory or municipality proposed to be |
|
|
annexed. The notice must describe the territory in the same manner |
|
|
in which Subsection (b) requires the petition to describe the |
|
|
territory. |
|
|
(e) Any interested person may appear at the hearing and |
|
|
offer evidence for or against the annexation. |
|
|
(f) The hearing may proceed in the order and under the rules |
|
|
prescribed by the board and may be recessed from time to time. |
|
|
(g) If, at the conclusion of the hearing, the board finds |
|
|
that the property in the territory or municipality will benefit |
|
|
from the present or contemplated improvements, works, or |
|
|
facilities, the board shall adopt a resolution making a finding of |
|
|
the benefit and calling an election in the territory or |
|
|
municipality to be annexed. |
|
|
(h) The resolution must state: |
|
|
(1) the date of the election; |
|
|
(2) each place where the election will be held; and |
|
|
(3) the proposition to be voted on. |
|
|
(i) At least 10 days before the date set for the election, |
|
|
notice of the election must be given by publishing a substantial |
|
|
copy of the resolution calling the election one time in a newspaper |
|
|
of general circulation in the territory or municipality proposed to |
|
|
be annexed. |
|
|
(j) If a majority of the votes cast at the election are in |
|
|
favor of annexation, the board by resolution shall annex the |
|
|
territory or municipality to the authority. |
|
|
(k) An annexation under this section is incontestable |
|
|
except in the manner and within the time for contesting elections |
|
|
under the Election Code. |
|
|
(l) The board is not required to call an election if: |
|
|
(1) a petition requesting annexation is signed by all |
|
|
residents and landowners of the territory or municipality to be |
|
|
annexed, the same as provided by law for conveyance of real |
|
|
property; and |
|
|
(2) the petition: |
|
|
(A) states that the petitioners: |
|
|
(i) approve their share of the outstanding |
|
|
bonds or other obligations and the unissued bonds, if any, of the |
|
|
authority; and |
|
|
(ii) authorize the board to set rates |
|
|
sufficient to pay their share of the debt and impose taxes |
|
|
sufficient to pay those bonds, if authorized; and |
|
|
(B) is filed in the office of the county clerk of |
|
|
each county in which the authority is located. (Acts 66th Leg., |
|
|
R.S., Ch. 436, Secs. 7(a), (b), (c) (part), (d) (part), (e).) |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 11006.101. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
authority is governed by a board of nine directors. The directors |
|
|
occupy numbered places on the board. The Commissioners Court of |
|
|
Kleberg County shall appoint directors for Places 1, 3, 5, 7, and 9, |
|
|
and the Commissioners Court of Nueces County shall appoint |
|
|
directors for Places 2, 4, 6, and 8. |
|
|
(b) Directors serve staggered two-year terms, with the |
|
|
terms of the directors occupying Places 1, 2, 3, and 4 commencing at |
|
|
12:01 a.m. on April 1 of each even-numbered year and the terms of |
|
|
the directors occupying Places 5, 6, 7, 8, and 9 commencing at 12:01 |
|
|
a.m. on April 1 of each odd-numbered year. |
|
|
(c) In March of each year, the appropriate commissioners |
|
|
court shall appoint directors to the appropriate places on the |
|
|
board. (Acts 66th Leg., R.S., Ch. 436, Sec. 4(a) (part).) |
|
|
Sec. 11006.102. QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
eligible to be appointed or to serve as a director, a person: |
|
|
(1) must be a resident, qualified voter of: |
|
|
(A) the authority; and |
|
|
(B) the county from which the person is |
|
|
appointed; and |
|
|
(2) may not: |
|
|
(A) hold another public office; or |
|
|
(B) be an officer or employee of the authority. |
|
|
(b) Of the directors appointed by the Commissioners Court of |
|
|
Nueces County: |
|
|
(1) one must be a resident of the municipality of Agua |
|
|
Dulce; |
|
|
(2) one must be a resident of the municipality of |
|
|
Bishop; |
|
|
(3) one must be a resident of the municipality of |
|
|
Driscoll; and |
|
|
(4) one must be appointed at large and may be a |
|
|
resident of any of those municipalities. |
|
|
(c) A director is eligible for reappointment. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Secs. 4(a) (part), (b).) |
|
|
Sec. 11006.103. VACANCIES. Any vacancy occurring on the |
|
|
board shall be filled for the unexpired term by appointment in the |
|
|
manner in which the vacating director was appointed. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Sec. 4(a) (part).) |
|
|
Sec. 11006.104. REMOVAL FROM OFFICE. After reasonable |
|
|
notice and a public hearing, the board may remove a director from |
|
|
office for misfeasance, malfeasance, or wilful neglect of duty. |
|
|
Reasonable notice and a public hearing are not required if the |
|
|
notice and hearing are expressly waived in writing. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Sec. 4(c).) |
|
|
Sec. 11006.105. BOND. Each director shall execute a good |
|
|
and sufficient bond for $5,000 that is: |
|
|
(1) payable to the authority; and |
|
|
(2) conditioned on the faithful performance of the |
|
|
director's duties. (Acts 66th Leg., R.S., Ch. 436, Sec. 5(b) |
|
|
(part).) |
|
|
Sec. 11006.106. BOARD RESOLUTIONS; VOTING. (a) The |
|
|
authority shall act by resolutions adopted by the board. |
|
|
(b) All directors are entitled to vote. (Acts 66th Leg., |
|
|
R.S., Ch. 436, Sec. 5(d) (part).) |
|
|
Sec. 11006.107. OFFICERS AND ASSISTANTS. (a) The board |
|
|
shall elect a president, vice president, secretary, and treasurer |
|
|
at the first meeting of the board in April of each year or at any |
|
|
time necessary to fill a vacancy. |
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|
(b) The board shall elect the president and vice president |
|
|
from among the directors. |
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|
(c) The president serves for a one-year term. |
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|
(d) The offices of secretary and treasurer: |
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|
(1) may be held by one person; and |
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|
(2) are not required to be held by a director. |
|
|
(e) The board may appoint as assistant board secretary one |
|
|
or more persons who are not directors. (Acts 66th Leg., R.S., Ch. |
|
|
436, Secs. 5(c) (part), (e) (part).) |
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|
Sec. 11006.108. DUTIES OF OFFICERS AND ASSISTANTS. (a) The |
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|
board president shall preside at board meetings and perform other |
|
|
duties prescribed by the board. |
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|
(b) The board vice president shall perform the duties of the |
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|
president when the president is not present or is otherwise |
|
|
incapacitated. |
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(c) The board secretary is the official custodian of the |
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|
minutes, books, records, and seal of the board and shall perform |
|
|
other duties and functions prescribed by the board. An assistant |
|
|
board secretary may perform any duty or function of the board |
|
|
secretary. |
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(d) The board treasurer shall perform duties and functions |
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|
prescribed by the board. (Acts 66th Leg., R.S., Ch. 436, Sec. 5(c) |
|
|
(part).) |
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Sec. 11006.109. MEETINGS. The board shall have regular |
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|
meetings at times specified by board resolution and shall have |
|
|
special meetings when called by the board president or by any three |
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|
directors. (Acts 66th Leg., R.S., Ch. 436, Sec. 5(f).) |
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Sec. 11006.110. PERSONAL LIABILITY OF DIRECTORS. A |
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|
director is not personally liable for a bond issued or contract |
|
|
executed by the authority. (Acts 66th Leg., R.S., Ch. 436, Sec. |
|
|
5(g).) |
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|
SUBCHAPTER D. POWERS AND DUTIES |
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|
Sec. 11006.151. GENERAL POWERS. The authority may exercise |
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|
any power necessary or appropriate to achieve the purposes of this |
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|
chapter, including the power to: |
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|
(1) sue and be sued and plead and be impleaded in its |
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|
own name; |
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|
(2) adopt an official seal; |
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|
(3) adopt and enforce bylaws and rules for the conduct |
|
|
of its affairs; |
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|
(4) acquire, hold, use, and dispose of its receipts |
|
|
and money from any source; |
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|
(5) select a depository or depositories; |
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|
(6) acquire, own, rent, lease, accept, hold, or |
|
|
dispose of property, or an interest in property, including a right |
|
|
or easement, by purchase, exchange, gift, assignment, |
|
|
condemnation, sale, lease, or otherwise, in performing authority |
|
|
duties or exercising authority powers under this chapter; |
|
|
(7) hold, manage, operate, or improve property; |
|
|
(8) lease or rent any land, building, structure, or |
|
|
facility from or to any person; |
|
|
(9) sell, assign, lease, encumber, mortgage, or |
|
|
otherwise dispose of property, or an interest in property, and |
|
|
release or relinquish a right, title, claim, lien, interest, |
|
|
easement, or demand, regardless of the manner in which acquired, |
|
|
and conduct a transaction authorized by this subdivision by public |
|
|
or private sale, with or without public bidding, notwithstanding |
|
|
any other law; |
|
|
(10) issue bonds, provide for and secure the payment |
|
|
of the bonds, and provide for the rights of the holders of the bonds |
|
|
in the manner and to the extent authorized by this chapter; |
|
|
(11) request and accept any appropriation, grant, |
|
|
allocation, subsidy, guaranty, aid, service, material, or gift from |
|
|
any source, including the federal government, the state, a public |
|
|
agency, or a political subdivision; |
|
|
(12) operate and maintain an office; |
|
|
(13) appoint and determine the duties, tenure, |
|
|
qualifications, and compensation of officers, employees, agents, |
|
|
professional advisors, and counselors, including financial |
|
|
consultants, accountants, attorneys, architects, engineers, |
|
|
appraisers, and financing experts considered necessary or |
|
|
advisable by the board; and |
|
|
(14) exercise any power granted by Chapter 383, Health |
|
|
and Safety Code, or Chapter 30, Water Code. (Acts 66th Leg., R.S., |
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|
Ch. 436, Secs. 6(a), (b), (c), (d), (e), (f), (g), (h), (i), (k).) |
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|
Sec. 11006.152. PERMITS. (a) The authority may obtain, |
|
|
through appropriate proceedings, an appropriation permit or a |
|
|
diversion permit from the Texas Commission on Environmental |
|
|
Quality. |
|
|
(b) The authority may acquire a water appropriation permit |
|
|
from a permit owner by contract or otherwise. (Acts 66th Leg., |
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|
R.S., Ch. 436, Sec. 8 (part).) |
|
|
Sec. 11006.153. GENERAL POWER OF PUBLIC AGENCIES AND |
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|
POLITICAL SUBDIVISIONS TO CONTRACT WITH AUTHORITY. A public agency |
|
|
or political subdivision of this state, including the cities, may |
|
|
enter into a contract or agreement with the authority, on terms |
|
|
agreed to by the parties, for any purpose relating to the |
|
|
authority's powers or functions. Approval, notice, consent, or an |
|
|
election is not required in connection with the contract or |
|
|
agreement. (Acts 66th Leg., R.S., Ch. 436, Sec. 9(b) (part).) |
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|
Sec. 11006.154. CONTRACTS TO SUPPLY WATER. (a) The |
|
|
authority may contract with public agencies or political |
|
|
subdivisions, including the cities, to supply water to them. The |
|
|
authority may sell water inside or outside the boundaries of the |
|
|
authority. |
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|
(b) Contracts under Subsection (a) may provide that the |
|
|
contractual payments by the political subdivisions: |
|
|
(1) will be payable from revenue or the imposition of |
|
|
taxes or both; and |
|
|
(2) will constitute the purchase of the authority's |
|
|
system at the time all indebtedness incurred by the authority for |
|
|
acquisition, construction, improvement, and extensions of the |
|
|
system is paid in full. |
|
|
(c) The authority may contract with a public agency or |
|
|
political subdivision for the rental or leasing of or for the |
|
|
operation of the water supply, water, and filtration or |
|
|
purification facilities of the entity for the consideration agreed |
|
|
to by the authority and the entity. |
|
|
(d) A contract under Subsection (a) or (c) may: |
|
|
(1) be on the terms and for the time agreed to by the |
|
|
parties; and |
|
|
(2) provide that it will continue in effect until |
|
|
bonds specified in it and refunding bonds issued in lieu of the |
|
|
bonds are paid. |
|
|
(e) The authority may enter into contracts or agreements |
|
|
with the Nueces River Authority and the City of Corpus Christi for |
|
|
the purchase of water. |
|
|
(f) The authority and the City of Corpus Christi may enter |
|
|
into contracts or agreements for the sale of water and the operation |
|
|
and maintenance of the authority's water lines if considered |
|
|
advisable. |
|
|
(g) Public agencies or political subdivisions of this |
|
|
state, including the cities, may enter into contracts or agreements |
|
|
with the authority for a water supply. |
|
|
(h) Approval, notice, consent, or an election is not |
|
|
required in connection with a contract or agreement described by |
|
|
Subsection (e), (f), or (g). (Acts 66th Leg., R.S., Ch. 436, Secs. |
|
|
9(a) (part), (b) (part), 19.) |
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|
Sec. 11006.155. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
|
STORAGE CAPACITY. (a) The authority may acquire or construct, |
|
|
inside or outside the authority, any work, well, plant, |
|
|
transmission line, or other facility necessary or useful to divert, |
|
|
impound, drill for, store, treat, or transport water to the cities |
|
|
for municipal, domestic, agricultural, industrial, or any other |
|
|
useful purposes. |
|
|
(b) The authority may develop or otherwise acquire |
|
|
underground sources of water. |
|
|
(c) The authority may acquire land, or an interest in land, |
|
|
inside or outside the authority for any reservoir, work, well, |
|
|
plant, transmission line, or other facility necessary or useful to |
|
|
impound, store, treat, or transport water to the cities and others |
|
|
for municipal, domestic, agricultural, industrial, mining, oil |
|
|
flooding, or any other useful purposes. |
|
|
(d) The authority may lease, purchase, or otherwise acquire |
|
|
rights in and to storage and storage capacity in any reservoir |
|
|
constructed or to be constructed by any person. (Acts 66th Leg., |
|
|
R.S., Ch. 436, Secs. 8 (part), 9(a) (part), 10 (part).) |
|
|
Sec. 11006.156. CONVEYANCE OF LAND TO AUTHORITY. A public |
|
|
agency or political subdivision of this state, including the |
|
|
cities, may lease, sell, or otherwise convey its land or an interest |
|
|
in its land to the authority for the consideration that the parties |
|
|
agree is adequate. Approval, notice, consent, or an election is not |
|
|
required in connection with the conveyance. (Acts 66th Leg., R.S., |
|
|
Ch. 436, Sec. 9(b) (part).) |
|
|
Sec. 11006.157. SURPLUS PROPERTY. Subject to the terms of a |
|
|
resolution or deed of trust authorizing or securing bonds issued by |
|
|
the authority, the authority may sell, lease, rent, trade, or |
|
|
otherwise dispose of property that the board considers not needed |
|
|
for an authority purpose. (Acts 66th Leg., R.S., Ch. 436, Sec. 10 |
|
|
(part).) |
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|
Sec. 11006.158. EMINENT DOMAIN. (a) To carry out a power |
|
|
conferred by this chapter, the authority may exercise the power of |
|
|
eminent domain to acquire the fee simple title to land, or any other |
|
|
interest in land, and other property and easements, inside or |
|
|
outside the authority, including land or an interest in land needed |
|
|
for a reservoir, dam, or flood easement above the probable |
|
|
high-water line around a reservoir. |
|
|
(b) The authority must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. |
|
|
(c) The authority is a municipal corporation for the |
|
|
purposes of Chapter 21, Property Code. |
|
|
(d) The board shall determine the amount and the type of |
|
|
interest in land, other property, or easements to be acquired. |
|
|
(Acts 66th Leg., R.S., Ch. 436, Sec. 11(a) (part).) |
|
|
Sec. 11006.159. COST OF RELOCATING OR ALTERING PROPERTY; |
|
|
RIGHTS-OF-WAY AND EASEMENTS. (a) If the authority's exercise of |
|
|
its eminent domain, police, or other power requires relocating, |
|
|
raising, lowering, rerouting, or changing the grade of or altering |
|
|
the construction of any railroad, electric transmission, |
|
|
telegraph, or telephone line, conduit, pole, property, or facility |
|
|
or pipeline, the action shall be accomplished at the sole expense of |
|
|
the authority. The term "sole expense" means the actual cost of the |
|
|
raising, lowering, rerouting, or change in grade or alteration of |
|
|
construction to provide a comparable replacement without enhancing |
|
|
the facility, after deducting from the cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) The authority has all necessary or useful rights-of-way |
|
|
and easements along, over, under, and across all public, state, |
|
|
municipal, and county roads, highways, and places for any of its |
|
|
purposes. The authority shall restore a used facility to its |
|
|
previous condition as nearly as possible at the sole expense of the |
|
|
authority. (Acts 66th Leg., R.S., Ch. 436, Secs. 11(b), (c).) |
|
|
Sec. 11006.160. OTHER AUTHORITY POWERS. The authority has |
|
|
the same power as is conferred by general law on municipal utility |
|
|
districts and on water control and improvement districts with |
|
|
reference to entering land, making surveys, and attending to other |
|
|
business of the authority. (Acts 66th Leg., R.S., Ch. 436, Sec. |
|
|
11(a) (part).) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 11006.201. DEPOSITORY. (a) The board shall designate |
|
|
one or more banks inside or outside the authority to serve as the |
|
|
depository for the authority's money. |
|
|
(b) Authority money shall be deposited in the depository |
|
|
designated by the board, except that: |
|
|
(1) bond proceeds and money pledged to pay bonds, to |
|
|
the extent provided in a resolution or trust indenture authorizing |
|
|
or securing authority bonds, may be deposited with another bank or |
|
|
trustee named in the bond resolution or trust indenture; and |
|
|
(2) money shall be remitted to each paying agent for |
|
|
the payment of principal of and interest on the bonds. |
|
|
(c) To the extent that money in a depository bank or a |
|
|
trustee bank is not insured by the Federal Deposit Insurance |
|
|
Corporation, the money must be secured in the manner provided by law |
|
|
for the security of municipal money. (Acts 66th Leg., R.S., Ch. |
|
|
436, Sec. 20 (part).) |
|
|
Sec. 11006.202. INVESTMENT OF AUTHORITY MONEY. The board |
|
|
may invest authority money in obligations and make time deposits of |
|
|
authority money in the manner determined by the board or in the |
|
|
manner permitted or required in a resolution or trust indenture |
|
|
authorizing or securing authority bonds. (Acts 66th Leg., R.S., |
|
|
Ch. 436, Sec. 20 (part).) |
|
|
Sec. 11006.203. AUTHORITY ACCOUNTS. The authority shall |
|
|
maintain a complete system of the authority's accounts. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Sec. 25 (part).) |
|
|
Sec. 11006.204. AUTHORITY FACILITIES EXEMPT FROM TAXATION |
|
|
AND ASSESSMENT. The authority is not required to pay a tax or |
|
|
assessment on its facilities or any part of its facilities. (Acts |
|
|
66th Leg., R.S., Ch. 436, Sec. 22 (part).) |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 11006.251. AUTHORITY TO ISSUE BONDS. (a) The |
|
|
authority may issue bonds payable from and secured by revenue or ad |
|
|
valorem taxes, or both revenue and ad valorem taxes, of the |
|
|
authority to carry out any power or authority conferred by this |
|
|
chapter. The bonds must be authorized by a board resolution. |
|
|
(b) The bonds must be issued in the manner and under the |
|
|
terms of the resolution authorizing the issuance of the bonds. |
|
|
(Acts 66th Leg., R.S., Ch. 436, Secs. 13(a), (b) (part), (d) |
|
|
(part).) |
|
|
Sec. 11006.252. FORM OF BONDS. Authority bonds must be: |
|
|
(1) issued in the authority's name; |
|
|
(2) signed by the president or vice president; and |
|
|
(3) attested by the secretary. (Acts 66th Leg., R.S., |
|
|
Ch. 436, Sec. 13(b) (part).) |
|
|
Sec. 11006.253. MATURITY. Authority bonds must mature not |
|
|
later than 50 years after the date of their issuance. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Sec. 13(b) (part).) |
|
|
Sec. 11006.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
|
partly from ad valorem taxes may not be issued unless authorized by |
|
|
a majority of the authority voters voting at an election held for |
|
|
that purpose. |
|
|
(b) The board may call an election under this section |
|
|
without a petition. The resolution calling the election must |
|
|
specify: |
|
|
(1) the time and place at which the election will be |
|
|
held; |
|
|
(2) the purpose for which the bonds will be issued; |
|
|
(3) the amount of the bonds; |
|
|
(4) the form of the ballot; and |
|
|
(5) other matters the board considers necessary or |
|
|
advisable. |
|
|
(c) Notice of the election must be given by publishing a |
|
|
substantial copy of the resolution calling the election in a |
|
|
newspaper of general circulation in the authority. The notice must |
|
|
be published once each week for two consecutive weeks. The first |
|
|
publication must be not later than the 14th day before the date of |
|
|
the election. |
|
|
(d) The authority may issue bonds not payable wholly or |
|
|
partly from ad valorem taxes without an election. (Acts 66th Leg., |
|
|
R.S., Ch. 436, Secs. 16 (part), 17(a) (part), (b).) |
|
|
Sec. 11006.255. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
|
(a) Authority bonds issued may be secured by a pledge of all or part |
|
|
of the authority's revenue or by all or part of the revenue of one or |
|
|
more contracts made or other revenue or income specified by board |
|
|
resolution or a trust indenture securing the bonds. The pledge may |
|
|
reserve the right, under conditions specified by the pledge, to |
|
|
issue additional bonds that will be on a parity with or subordinate |
|
|
to the bonds then being issued. |
|
|
(b) The authority may issue bonds secured by both taxes and |
|
|
revenue of the authority described by Subsection (a). (Acts 66th |
|
|
Leg., R.S., Ch. 436, Secs. 13(c), (d) (part).) |
|
|
Sec. 11006.256. BONDS PAYABLE FROM AD VALOREM TAXES. (a) |
|
|
If bonds are issued payable wholly or partly from ad valorem taxes, |
|
|
the board shall annually impose a tax on the taxable property in the |
|
|
authority in an amount sufficient to pay the principal of and |
|
|
interest on the bonds when due but not to exceed 20 cents on the $100 |
|
|
valuation of taxable property in the authority. |
|
|
(b) The board may adopt the rate of a tax imposed under |
|
|
Subsection (a) for any year after giving consideration to the money |
|
|
received from the pledged revenue that may be available for payment |
|
|
of principal and interest, to the extent and in the manner permitted |
|
|
by the resolution authorizing the issuance of the bonds. (Acts 66th |
|
|
Leg., R.S., Ch. 436, Secs. 13(d) (part), 24(b) (part).) |
|
|
Sec. 11006.257. ADDITIONAL SECURITY. (a) Authority bonds, |
|
|
including refunding bonds, that are not payable wholly from ad |
|
|
valorem taxes may be additionally secured, at the discretion of the |
|
|
board, by a deed of trust or mortgage lien on physical property of |
|
|
the authority and all franchises, easements, water rights and |
|
|
appropriation permits, leases, and contracts and all rights |
|
|
appurtenant to the property, vesting in the trustee power to: |
|
|
(1) sell the property for the payment of the debt; |
|
|
(2) operate the property; and |
|
|
(3) take other action to further secure the bonds. |
|
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
|
one is given: |
|
|
(1) is the absolute owner of property, facilities, and |
|
|
rights purchased; and |
|
|
(2) is entitled to maintain and operate the property, |
|
|
facilities, and rights. (Acts 66th Leg., R.S., Ch. 436, Sec. 15 |
|
|
(part).) |
|
|
Sec. 11006.258. TRUST INDENTURE. (a) Authority bonds, |
|
|
including refunding bonds, that are not payable wholly from ad |
|
|
valorem taxes may be additionally secured by a trust indenture. The |
|
|
trustee may be a bank with trust powers located inside or outside |
|
|
this state. |
|
|
(b) A trust indenture, regardless of the existence of a deed |
|
|
of trust or mortgage lien on property, may: |
|
|
(1) provide for the security of the bonds and the |
|
|
preservation of the trust estate as prescribed by the board; |
|
|
(2) provide for amendment or modification of the trust |
|
|
indenture; |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds; |
|
|
(4) condition the right to spend authority money or |
|
|
sell authority property on the approval of a licensed engineer |
|
|
selected as provided by the trust indenture; and |
|
|
(5) provide for the investment of authority money. |
|
|
(Acts 66th Leg., R.S., Ch. 436, Sec. 15 (part).) |
|
|
Sec. 11006.259. CHARGES FOR AUTHORITY SERVICES. (a) If |
|
|
authority bonds payable wholly from revenue are issued, the board |
|
|
shall set and from time to time revise the rates of compensation for |
|
|
water sold and services provided by the authority. The rates must |
|
|
be sufficient to: |
|
|
(1) pay the expenses of operating and maintaining |
|
|
authority facilities; |
|
|
(2) pay the principal of and interest on the bonds when |
|
|
due; and |
|
|
(3) maintain the reserve fund and other funds as |
|
|
provided in the resolution authorizing the bonds. |
|
|
(b) If bonds payable partly from revenue are issued, the |
|
|
board shall set and from time to time revise the rate of |
|
|
compensation for water sold and any other services provided by the |
|
|
authority. The rate must be sufficient to ensure compliance with |
|
|
the resolution authorizing the bonds or the trust indenture |
|
|
securing the bonds. (Acts 66th Leg., R.S., Ch. 436, Sec. 13(e).) |
|
|
Sec. 11006.260. USE OF BOND PROCEEDS. (a) The authority |
|
|
may set aside an amount of proceeds of the sale of authority bonds |
|
|
for: |
|
|
(1) the payment of interest expected to accrue during |
|
|
construction not to exceed three years; |
|
|
(2) a reserve interest and sinking fund; and |
|
|
(3) other funds as may be provided in the resolution |
|
|
authorizing the bonds or in the trust indenture. |
|
|
(b) The authority may use proceeds from the sale of bonds to |
|
|
pay any expense necessarily incurred in accomplishing the purpose |
|
|
of the authority, including: |
|
|
(1) any expense of issuing and selling the bonds; and |
|
|
(2) the amount needed to operate the authority during |
|
|
construction of the improvements. (Acts 66th Leg., R.S., Ch. 436, |
|
|
Sec. 13(f).) |
|
|
Sec. 11006.261. APPOINTMENT OF RECEIVER. (a) On default or |
|
|
threatened default in the payment of the principal of or interest on |
|
|
authority bonds that are payable wholly or partly from revenue, a |
|
|
court may, on petition of the holders of outstanding bonds, appoint |
|
|
a receiver for the authority. |
|
|
(b) The receiver may collect and receive all authority |
|
|
income, employ and discharge authority agents and employees, take |
|
|
charge of money on hand, and manage the proprietary affairs of the |
|
|
authority without consent or hindrance by the board. |
|
|
(c) The receiver may be authorized to sell or contract for |
|
|
the sale of water or to renew contracts with the approval of the |
|
|
court that appointed the receiver. |
|
|
(d) The court may vest the receiver with any other power or |
|
|
duty the court finds necessary to protect the bondholders. (Acts |
|
|
66th Leg., R.S., Ch. 436, Sec. 13(g) (part).) |
|
|
Sec. 11006.262. REFUNDING BONDS. (a) The authority may |
|
|
issue refunding bonds to refund outstanding authority bonds and |
|
|
interest on those bonds. |
|
|
(b) Refunding bonds may: |
|
|
(1) be issued to refund bonds of more than one series; |
|
|
(2) combine the pledges for the outstanding bonds for |
|
|
the security of the refunding bonds; or |
|
|
(3) be secured by a pledge of other or additional |
|
|
revenue or mortgage liens. |
|
|
(c) The provisions of this subchapter regarding the |
|
|
issuance of other bonds, their security, and the remedies of the |
|
|
holders apply to refunding bonds. |
|
|
(d) The comptroller shall register the refunding bonds on |
|
|
surrender and cancellation of the bonds to be refunded. |
|
|
(e) Instead of issuing bonds to be registered on the |
|
|
surrender and cancellation of the bonds to be refunded, the |
|
|
authority, in the resolution authorizing the issuance of the |
|
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
|
the deposit of the proceeds in a bank at which the bonds to be |
|
|
refunded are payable. In that case, the refunding bonds may be |
|
|
issued in an amount sufficient to pay the principal of and interest |
|
|
and any required redemption premium on the bonds to be refunded to |
|
|
any redemption date or to their maturity date, and the comptroller |
|
|
shall register the refunding bonds without the surrender and |
|
|
cancellation of the bonds to be refunded. |
|
|
(f) An election is not required to authorize the issuance of |
|
|
refunding bonds. |
|
|
(g) The authority may also issue refunding bonds under any |
|
|
other applicable law. (Acts 66th Leg., R.S., Ch. 436, Sec. 14.) |
|
|
Sec. 11006.263. LIMITATION ON RIGHTS OF BONDHOLDERS. The |
|
|
resolution authorizing the bonds or the trust indenture securing |
|
|
the bonds may limit or qualify the rights of the holders of less |
|
|
than all of the outstanding bonds payable from the same source to |
|
|
institute or prosecute litigation affecting the authority's |
|
|
property or income. (Acts 66th Leg., R.S., Ch. 436, Sec. 13(g) |
|
|
(part).) |
|
|
Sec. 11006.264. BONDS EXEMPT FROM TAXATION. An authority |
|
|
bond, the transfer of the bond, and the income from the bond, |
|
|
including profits made on the sale of the bond, are exempt from |
|
|
taxation in this state. (Acts 66th Leg., R.S., Ch. 436, Sec. 22 |
|
|
(part).) |
|
|
Sec. 11006.265. DETACHMENT OF AUTHORITY TERRITORY AFTER |
|
|
ISSUANCE OF BONDS. Territory may not be detached from the authority |
|
|
after the issuance of bonds payable from revenue or taxes, or both |
|
|
revenue and taxes. (Acts 66th Leg., R.S., Ch. 436, Secs. 16 (part), |
|
|
17(a) (part).) |
|
|
CHAPTER 11007. WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 11007.001. DEFINITIONS |
|
|
Sec. 11007.002. NATURE OF DISTRICT |
|
|
Sec. 11007.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 11007.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
|
Sec. 11007.005. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 11007.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 11007.052. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 11007.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS |
|
|
Sec. 11007.054. OFFICERS AND ASSISTANTS |
|
|
Sec. 11007.055. OFFICER DUTIES |
|
|
Sec. 11007.056. MEETINGS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 11007.101. DISTRICT POWERS |
|
|
Sec. 11007.102. GENERAL POWERS REGARDING WATER |
|
|
Sec. 11007.103. GENERAL POWERS REGARDING WASTE |
|
|
Sec. 11007.104. GENERAL POWERS REGARDING GARBAGE |
|
|
COLLECTION AND DISPOSAL |
|
|
Sec. 11007.105. GENERAL CONTRACT POWERS |
|
|
Sec. 11007.106. AUTHORITY OF PUBLIC AGENCIES AND |
|
|
POLITICAL SUBDIVISIONS TO CONTRACT |
|
|
WITH DISTRICT |
|
|
Sec. 11007.107. CONVEYANCE OF PROPERTY TO DISTRICT |
|
|
Sec. 11007.108. ACQUISITION OF EXISTING FACILITIES |
|
|
Sec. 11007.109. EMINENT DOMAIN |
|
|
Sec. 11007.110. COST OF RELOCATING OR ALTERING |
|
|
PROPERTY; RIGHTS-OF-WAY AND |
|
|
EASEMENTS |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 11007.151. IMPOSITION OF MAINTENANCE TAX; |
|
|
PROHIBITION ON OTHER TAXES OR |
|
|
ASSESSMENTS |
|
|
Sec. 11007.152. ELECTION TO IMPOSE TAX |
|
|
Sec. 11007.153. DEPOSITORY |
|
|
Sec. 11007.154. INVESTMENT OF DISTRICT MONEY |
|
|
Sec. 11007.155. DISTRICT FACILITIES EXEMPT FROM |
|
|
TAXATION AND ASSESSMENT |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 11007.201. AUTHORITY TO ISSUE BONDS |
|
|
Sec. 11007.202. FORM OF BONDS |
|
|
Sec. 11007.203. MATURITY |
|
|
Sec. 11007.204. BONDS SECURED BY REVENUE; ADDITIONAL |
|
|
BONDS |
|
|
Sec. 11007.205. ADDITIONAL SECURITY |
|
|
Sec. 11007.206. TRUST INDENTURE |
|
|
Sec. 11007.207. CHARGES FOR DISTRICT SERVICES |
|
|
Sec. 11007.208. STATE PLEDGE REGARDING RIGHTS AND |
|
|
REMEDIES OF BONDHOLDERS |
|
|
Sec. 11007.209. USE OF BOND PROCEEDS |
|
|
Sec. 11007.210. APPOINTMENT OF RECEIVER |
|
|
Sec. 11007.211. REFUNDING BONDS |
|
|
Sec. 11007.212. OTHER REMEDIES AND COVENANTS |
|
|
Sec. 11007.213. LIMITATION ON RIGHTS OF BONDHOLDERS |
|
|
Sec. 11007.214. BONDS EXEMPT FROM TAXATION |
|
|
CHAPTER 11007. WEST JEFFERSON COUNTY MUNICIPAL WATER DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 11007.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the board of directors of the |
|
|
district. |
|
|
(2) "Bond" means a bond or note. |
|
|
(3) "Director" means a member of the board. |
|
|
(4) "District" means the West Jefferson County |
|
|
Municipal Water District. (Acts 65th Leg., R.S., Ch. 337, Secs. 1 |
|
|
(part), 4(a) (part), 15(a) (part); New.) |
|
|
Sec. 11007.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district in Jefferson County created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 1 (part).) |
|
|
Sec. 11007.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
|
(a) The district is created to serve a public use and benefit. |
|
|
(b) All land and other property in the district will benefit |
|
|
from the works and projects to be accomplished by the district under |
|
|
the powers conferred by Section 59, Article XVI, Texas |
|
|
Constitution. |
|
|
(c) The accomplishment of the purposes stated in this |
|
|
chapter will benefit the people of this state and improve their |
|
|
properties and industries. The district, in carrying out the |
|
|
purposes of this chapter, will be performing an essential public |
|
|
function under the constitution of this state. (Acts 65th Leg., |
|
|
R.S., Ch. 337, Secs. 3, 22 (part).) |
|
|
Sec. 11007.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
|
chapter shall be liberally construed to effect the purposes, |
|
|
powers, rights, and functions stated in this chapter. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 23 (part).) |
|
|
Sec. 11007.005. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 1, Chapter 337, Acts |
|
|
of the 65th Legislature, Regular Session, 1977, as that territory |
|
|
may have been modified under: |
|
|
(1) Subsection (c) or its predecessor statute, Section |
|
|
2, Chapter 337, Acts of the 65th Legislature, Regular Session, |
|
|
1977; |
|
|
(2) Subchapter H, Chapter 54, Water Code; |
|
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
|
(4) other law. |
|
|
(b) The boundaries of the district form a closure. A |
|
|
mistake in copying the field notes in the legislative process or |
|
|
another mistake in the field notes does not affect: |
|
|
(1) the district's organization, existence, or |
|
|
validity; |
|
|
(2) the district's right to issue bonds or to pay the |
|
|
principal of and interest on the bonds; |
|
|
(3) the district's right to impose a tax; or |
|
|
(4) the legality or operation of the district or the |
|
|
board. |
|
|
(c) The board may redefine the boundaries of the district to |
|
|
correct any mistake in the field notes appearing in Section 1, |
|
|
Chapter 337, Acts of the 65th Legislature, Regular Session, 1977. |
|
|
(Acts 65th Leg., R.S., Ch. 337, Sec. 2; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 11007.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of seven elected directors, each of |
|
|
whom occupies a numbered place on the board. |
|
|
(b) Directors serve staggered terms. |
|
|
(c) Director elections must be held in the manner provided |
|
|
in the Water Code for municipal utility districts. (Acts 65th Leg., |
|
|
R.S., Ch. 337, Sec. 4(a) (part).) |
|
|
Sec. 11007.052. QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to be elected or to serve as a director, a person must be a resident, |
|
|
qualified voter of the district. (Acts 65th Leg., R.S., Ch. 337, |
|
|
Sec. 4(b).) |
|
|
Sec. 11007.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS. |
|
|
(a) The district shall act through orders or resolutions adopted by |
|
|
the board. |
|
|
(b) All directors are entitled to vote. |
|
|
(c) The affirmative vote of a majority of the directors in |
|
|
attendance, but not fewer than four directors, is necessary to |
|
|
adopt an order or resolution. (Acts 65th Leg., R.S., Ch. 337, Sec. |
|
|
4(g).) |
|
|
Sec. 11007.054. OFFICERS AND ASSISTANTS. (a) The board |
|
|
shall elect a president, vice president, secretary, and treasurer. |
|
|
(b) The board shall elect the president and vice president |
|
|
from among the directors. |
|
|
(c) The president serves for a one-year term. |
|
|
(d) The offices of secretary and treasurer: |
|
|
(1) may be held by one person; and |
|
|
(2) are not required to be held by a director. |
|
|
(e) The board may appoint one or more assistant officers who |
|
|
are not required to be directors. (Acts 65th Leg., R.S., Ch. 337, |
|
|
Sec. 4(f) (part).) |
|
|
Sec. 11007.055. OFFICER DUTIES. (a) The board president |
|
|
shall preside at board meetings and perform other duties prescribed |
|
|
by the board. |
|
|
(b) The board vice president shall perform the duties of the |
|
|
president when the president is not present or is otherwise |
|
|
incapacitated. |
|
|
(c) The board secretary is the official custodian of the |
|
|
minutes, books, records, and seal of the board and shall perform |
|
|
other duties and functions prescribed by the board. |
|
|
(d) The board treasurer shall perform duties and functions |
|
|
prescribed by the board. |
|
|
(e) An assistant officer shall perform duties and functions |
|
|
prescribed by the board. (Acts 65th Leg., R.S., Ch. 337, Sec. 4(f) |
|
|
(part).) |
|
|
Sec. 11007.056. MEETINGS. The board shall have regular |
|
|
meetings at times specified by board resolution or bylaws and shall |
|
|
have special meetings when called by the board president or by any |
|
|
three directors. (Acts 65th Leg., R.S., Ch. 337, Sec. 4(h).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 11007.101. DISTRICT POWERS. The district may exercise |
|
|
any power necessary or appropriate to achieve the purposes of this |
|
|
chapter, including the power to: |
|
|
(1) adopt an official seal; |
|
|
(2) adopt and enforce: |
|
|
(A) bylaws and rules for the conduct of its |
|
|
affairs; and |
|
|
(B) rules that a municipal utility district may |
|
|
adopt and enforce under Section 54.205 et seq., Water Code; |
|
|
(3) acquire, hold, use, invest, reinvest, and dispose |
|
|
of its receipts and money from any source; |
|
|
(4) select a depository or depositories; |
|
|
(5) acquire, own, rent, lease, accept, hold, or |
|
|
dispose of property or an interest in property, including a right or |
|
|
easement, by purchase, exchange, gift, assignment, condemnation, |
|
|
sale, lease, or other means, in performing a duty or exercising a |
|
|
power under this chapter; |
|
|
(6) hold, manage, operate, or improve property; |
|
|
(7) lease or rent any land, buildings, structures, or |
|
|
facilities from or to any person; |
|
|
(8) sell, assign, lease, encumber, mortgage, or |
|
|
otherwise dispose of property or an interest in property, and |
|
|
release or relinquish a right, title, claim, lien, interest, |
|
|
easement, or demand, regardless of the manner in which acquired, |
|
|
and conduct a transaction authorized by this subdivision by public |
|
|
or private sale, notwithstanding any other law; |
|
|
(9) in the manner and to the extent permitted by this |
|
|
chapter: |
|
|
(A) borrow money for a corporate purpose; |
|
|
(B) enter into an agreement in connection with |
|
|
the borrowing; |
|
|
(C) issue bonds for money borrowed; |
|
|
(D) provide for and secure the payment of the |
|
|
bonds; and |
|
|
(E) provide for the rights of the holders of the |
|
|
bonds; |
|
|
(10) request and accept any appropriation, grant, |
|
|
allocation, subsidy, guaranty, aid, service, material, or gift from |
|
|
any public or private source, including the federal government, the |
|
|
state, a public agency, or a political subdivision; |
|
|
(11) operate and maintain an office; and |
|
|
(12) appoint and determine the duties, tenure, |
|
|
qualifications, and compensation of officers, employees, agents, |
|
|
and professional advisors and counselors considered necessary or |
|
|
advisable by the board, including financial consultants, |
|
|
accountants, attorneys, architects, engineers, appraisers, and |
|
|
financing experts. (Acts 65th Leg., R.S., Ch. 337, Sec. 10 (part).) |
|
|
Sec. 11007.102. GENERAL POWERS REGARDING WATER. The |
|
|
district has all rights, powers, and privileges necessary or useful |
|
|
to enable it to acquire, provide, supply, deliver, and sell potable |
|
|
water inside or outside its boundaries for any beneficial purpose. |
|
|
(Acts 65th Leg., R.S., Ch. 337, Sec. 6.) |
|
|
Sec. 11007.103. GENERAL POWERS REGARDING WASTE. The |
|
|
district has all rights, powers, and privileges necessary or useful |
|
|
to enable it to collect, transport, dispose of, and control |
|
|
domestic, industrial, or communal wastes, whether in fluid, solid, |
|
|
or composite state. (Acts 65th Leg., R.S., Ch. 337, Sec. 7.) |
|
|
Sec. 11007.104. GENERAL POWERS REGARDING GARBAGE |
|
|
COLLECTION AND DISPOSAL. The district has all rights, powers, and |
|
|
privileges necessary or useful to enable it to provide for garbage |
|
|
collection and disposal in all or part of the district on terms and |
|
|
at rates and charges the board considers just and reasonable to: |
|
|
(1) preserve the water of rivers and streams in the |
|
|
district and this state; and |
|
|
(2) aid in the preservation and conservation of the |
|
|
natural resources of the district and this state. (Acts 65th Leg., |
|
|
R.S., Ch. 337, Sec. 8.) |
|
|
Sec. 11007.105. GENERAL CONTRACT POWERS. (a) The district |
|
|
may enter into and enforce a contract or agreement necessary or |
|
|
convenient to the exercise of the powers, rights, privileges, and |
|
|
functions conferred on the district by this chapter or general law, |
|
|
including a contract or agreement with any person as the board |
|
|
considers necessary or proper for, or in connection with, any power |
|
|
or function of the district for: |
|
|
(1) the purchase or sale of water; |
|
|
(2) the collection, transportation, processing, or |
|
|
disposal of waste; or |
|
|
(3) the construction, acquisition, ownership, |
|
|
financing, operation, maintenance, sale, leasing to or from, or |
|
|
other use or disposition of any facilities authorized to be |
|
|
developed, acquired, or constructed under this chapter or general |
|
|
law. |
|
|
(b) The authority to enter into or enforce the contract or |
|
|
agreement includes the authority to enter into or enforce a |
|
|
contract or agreement regarding: |
|
|
(1) any improvements, structures, facilities, |
|
|
equipment, and other property of any kind in connection with the |
|
|
subject of the contract or agreement; |
|
|
(2) any land, leaseholds, and easements; and |
|
|
(3) any interests in the property. |
|
|
(c) The contract or agreement: |
|
|
(1) may not have a term of more than 40 years; and |
|
|
(2) may contain provisions the board determines to be |
|
|
in the best interest of the district. |
|
|
(d) The district may pledge all or part of its revenue to the |
|
|
payment of its obligations under the contract or agreement to the |
|
|
same extent and on the same conditions as it may pledge revenue to |
|
|
secure district bonds. (Acts 65th Leg., R.S., Ch. 337, Sec. 9(a).) |
|
|
Sec. 11007.106. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL |
|
|
SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency or |
|
|
political subdivision of this state, including a city, town, or |
|
|
village in the district, may enter into a contract or agreement with |
|
|
the district, on terms agreed to by the parties, for: |
|
|
(1) the purchase or sale of water; |
|
|
(2) waste collection, transportation, processing, or |
|
|
disposal; or |
|
|
(3) any purpose relating to the district's powers or |
|
|
functions. (Acts 65th Leg., R.S., Ch. 337, Sec. 9(b) (part).) |
|
|
Sec. 11007.107. CONVEYANCE OF PROPERTY TO DISTRICT. A |
|
|
public agency or political subdivision of this state, including a |
|
|
city, town, or village in the district, may lease, sell, or |
|
|
otherwise convey to the district, for any consideration that the |
|
|
parties agree is adequate, any of its land, improvements, property, |
|
|
plants, lines, or other facilities related to: |
|
|
(1) the supply of water; or |
|
|
(2) waste collection, transportation, processing, or |
|
|
disposal. (Acts 65th Leg., R.S., Ch. 337, Sec. 9(b) (part).) |
|
|
Sec. 11007.108. ACQUISITION OF EXISTING FACILITIES. If the |
|
|
district acquires existing works, improvements, facilities, |
|
|
plants, equipment, or appliances that are completed, partially |
|
|
created, or under construction, the district may: |
|
|
(1) assume the contracts and obligations of the |
|
|
previous owner; and |
|
|
(2) perform the obligations of the previous owner in |
|
|
the same manner and to the same extent that any other purchaser or |
|
|
assignee would be bound. (Acts 65th Leg., R.S., Ch. 337, Sec. |
|
|
9(c).) |
|
|
Sec. 11007.109. EMINENT DOMAIN. (a) To carry out a power |
|
|
conferred by this chapter, the district may exercise the power of |
|
|
eminent domain inside or outside the district to acquire the fee |
|
|
simple title to land, or any other interest in land as determined by |
|
|
the board, and other property and easements, necessary for water |
|
|
wells, water or sewer treatment plants, water or sewer lines, |
|
|
pumping stations and force mains, storage tanks, or other similar |
|
|
facilities. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 11(a) (part).) |
|
|
Sec. 11007.110. COST OF RELOCATING OR ALTERING PROPERTY; |
|
|
RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its |
|
|
eminent domain, police, or other power requires relocating, |
|
|
raising, lowering, rerouting, or changing the grade of or altering |
|
|
the construction of any highway, railroad, electric, transmission, |
|
|
telegraph, or telephone line, conduit, pole, property, or facility |
|
|
or pipeline, the action shall be accomplished at the sole expense of |
|
|
the district. The term "sole expense" means the actual cost of the |
|
|
lowering, rerouting, or change in grade or alteration of |
|
|
construction to provide a comparable replacement without enhancing |
|
|
the facility, after deducting from the cost the net salvage value |
|
|
derived from the old facility. |
|
|
(b) The district has all necessary or useful rights-of-way |
|
|
and easements along, over, under, and across all public, state, |
|
|
municipal, and county roads, highways, and places for any of its |
|
|
purposes. The district shall restore a used facility to its |
|
|
previous condition as nearly as possible at the sole expense of the |
|
|
district. (Acts 65th Leg., R.S., Ch. 337, Secs. 11(c), (d).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 11007.151. IMPOSITION OF MAINTENANCE TAX; PROHIBITION |
|
|
ON OTHER TAXES OR ASSESSMENTS. (a) The district may impose a tax, |
|
|
not to exceed 10 cents on each $100 valuation of taxable property in |
|
|
the district, for: |
|
|
(1) maintenance purposes, including money for |
|
|
studying, planning, maintaining, repairing, and operating all |
|
|
necessary plants, works, facilities, improvements, appliances, and |
|
|
equipment of the district; |
|
|
(2) paying costs of proper services, engineering, and |
|
|
legal fees; and |
|
|
(3) organization and administrative expenses. |
|
|
(b) The district may not impose a maintenance tax unless the |
|
|
tax is approved by a majority of the voters voting at an election |
|
|
held for that purpose. |
|
|
(c) Except for the maintenance tax authorized by this |
|
|
section, the district may not under this chapter or any other law |
|
|
levy or collect a tax or assessment or create a debt payable from a |
|
|
tax or assessment. (Acts 65th Leg., R.S., Ch. 337, Secs. 12(a), (b) |
|
|
(part), (c).) |
|
|
Sec. 11007.152. ELECTION TO IMPOSE TAX. (a) The board may |
|
|
order an election to impose a maintenance tax. The election order |
|
|
must specify: |
|
|
(1) the time and place of the election; |
|
|
(2) the maximum amount of tax to be authorized; |
|
|
(3) the form of the ballot; and |
|
|
(4) other matters the board considers necessary or |
|
|
advisable. |
|
|
(b) Notice of the election must be given by publishing once |
|
|
a week for two consecutive weeks a substantial copy of the election |
|
|
order in a newspaper of general circulation in the district. The |
|
|
first publication must occur at least 14 days before the date of the |
|
|
election. (Acts 65th Leg., R.S., Ch. 337, Sec. 12(b) (part).) |
|
|
Sec. 11007.153. DEPOSITORY. (a) The board shall designate |
|
|
one or more banks inside or outside the district to serve as the |
|
|
depository for the district's money. |
|
|
(b) All district money shall be deposited in the depository |
|
|
designated by the board, except that: |
|
|
(1) bond proceeds and money pledged to pay bonds, to |
|
|
the extent provided in a resolution or trust indenture authorizing |
|
|
or securing district bonds, may be deposited with another bank or |
|
|
trustee named in the bond resolution or trust indenture; and |
|
|
(2) money shall be remitted to each paying agent for |
|
|
the payment of principal of and interest on the bonds. |
|
|
(c) To the extent that money in a depository bank or the |
|
|
trustee bank is not insured by the Federal Deposit Insurance |
|
|
Corporation, the money must be secured in the manner provided by law |
|
|
for the security of the county funds in this state. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 19 (part).) |
|
|
Sec. 11007.154. INVESTMENT OF DISTRICT MONEY. The board |
|
|
may invest district money in obligations and make time deposits of |
|
|
district money in a manner determined by the board or in the manner |
|
|
permitted or required in a resolution or trust indenture |
|
|
authorizing or securing district bonds. (Acts 65th Leg., R.S., Ch. |
|
|
337, Sec. 19 (part).) |
|
|
Sec. 11007.155. DISTRICT FACILITIES EXEMPT FROM TAXATION |
|
|
AND ASSESSMENT. The district is not required to pay a tax or |
|
|
assessment on its facilities or any part of its facilities. (Acts |
|
|
65th Leg., R.S., Ch. 337, Sec. 22 (part).) |
|
|
SUBCHAPTER E. BONDS |
|
|
Sec. 11007.201. AUTHORITY TO ISSUE BONDS. (a) The district |
|
|
may issue bonds payable from and secured by district revenue to |
|
|
carry out any power conferred by this chapter. The bonds must be |
|
|
authorized by a board resolution. |
|
|
(b) The bonds must be issued in the manner and under the |
|
|
terms of the resolution authorizing the issuance of the bonds. |
|
|
(Acts 65th Leg., R.S., Ch. 337, Secs. 15(a) (part), (b) (part).) |
|
|
Sec. 11007.202. FORM OF BONDS. District bonds must be: |
|
|
(1) issued in the district's name; |
|
|
(2) signed by the president or vice president; and |
|
|
(3) attested by the secretary. (Acts 65th Leg., R.S., |
|
|
Ch. 337, Sec. 15(b) (part).) |
|
|
Sec. 11007.203. MATURITY. District bonds must mature not |
|
|
later than 40 years after the date of their issuance. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 15(b) (part).) |
|
|
Sec. 11007.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
|
(a) District bonds may be secured by a pledge of all or part of the |
|
|
district's revenue, or by all or part of the payments or rentals |
|
|
under one or more contracts or leases specified by board resolution |
|
|
or a trust indenture securing the bonds. |
|
|
(b) A resolution authorizing the issuance of bonds secured |
|
|
by a pledge of revenue of all or part of the district's facilities |
|
|
may provide that the district shall first pay the expenses of |
|
|
operating and maintaining all or part of the facilities as the board |
|
|
considers appropriate before paying the principal of and interest |
|
|
on the bonds. |
|
|
(c) In a resolution authorizing the issuance of bonds |
|
|
secured by revenue, contract payments, or lease rentals, the |
|
|
district may reserve the right, under conditions specified by the |
|
|
resolution, to issue additional bonds that will be on a parity with, |
|
|
superior to, or subordinate to the bonds then being issued. (Acts |
|
|
65th Leg., R.S., Ch. 337, Sec. 15(d).) |
|
|
Sec. 11007.205. ADDITIONAL SECURITY. (a) District bonds |
|
|
may be additionally secured, at the discretion of the board, by a |
|
|
deed of trust or mortgage lien on all or part of the district's |
|
|
physical property, facilities, easements, water rights and |
|
|
appropriation permits, leases, contracts, and all rights |
|
|
appurtenant to the property, vesting in the trustee power to: |
|
|
(1) sell the property for the payment of the debt; |
|
|
(2) operate the property; and |
|
|
(3) take other action to further secure the bonds. |
|
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
|
one is given: |
|
|
(1) is the absolute owner of the property, facilities, |
|
|
and rights purchased; and |
|
|
(2) is entitled to maintain and operate the property, |
|
|
facilities, and rights. (Acts 65th Leg., R.S., Ch. 337, Sec. 16 |
|
|
(part).) |
|
|
Sec. 11007.206. TRUST INDENTURE. District bonds authorized |
|
|
by this chapter, including refunding bonds, may be additionally |
|
|
secured by a trust indenture. The trustee may be a bank with trust |
|
|
powers that is located inside or outside the state. (Acts 65th |
|
|
Leg., R.S., Ch. 337, Sec. 16 (part).) |
|
|
Sec. 11007.207. CHARGES FOR DISTRICT SERVICES. If district |
|
|
bonds payable wholly from revenue are issued, the board shall set |
|
|
and from time to time revise the rates, fees, and charges assessed |
|
|
for water sold and waste collection and treatment services provided |
|
|
by the district. The rates, fees, and charges must be sufficient |
|
|
to: |
|
|
(1) pay the expense of operating and maintaining the |
|
|
district facilities that generate the revenue from which the bonds |
|
|
will be paid; |
|
|
(2) pay the principal of and interest on the bonds when |
|
|
due; and |
|
|
(3) maintain the reserve fund and other funds as |
|
|
provided in the resolution authorizing the bonds. (Acts 65th Leg., |
|
|
R.S., Ch. 337, Sec. 15(e) (part).) |
|
|
Sec. 11007.208. STATE PLEDGE REGARDING RIGHTS AND REMEDIES |
|
|
OF BONDHOLDERS. Without depriving this state of its power to |
|
|
regulate and control the rates, fees, and charges assessed for |
|
|
water sold and waste collection and treatment services provided by |
|
|
the district, the state pledges to and agrees with the holders of |
|
|
district bonds that the state will not exercise its power to |
|
|
regulate and control the rates, fees, and charges in any way that |
|
|
would impair the rights or remedies of the holders of the bonds. |
|
|
(Acts 65th Leg., R.S., Ch. 337, Sec. 15(e) (part).) |
|
|
Sec. 11007.209. USE OF BOND PROCEEDS. (a) The district may |
|
|
set aside an amount of proceeds from the sale of district bonds for: |
|
|
(1) the payment of interest expected to accrue during |
|
|
construction not to exceed three years; |
|
|
(2) a debt service reserve fund; and |
|
|
(3) other funds as may be provided in the resolution |
|
|
authorizing the bonds or in the trust indenture. |
|
|
(b) The district may use proceeds from the sale of the bonds |
|
|
to pay any expense necessarily incurred in accomplishing the |
|
|
purpose of the district, including any expense of issuing and |
|
|
selling the bonds. (Acts 65th Leg., R.S., Ch. 337, Sec. 15(f).) |
|
|
Sec. 11007.210. APPOINTMENT OF RECEIVER. (a) On default or |
|
|
threatened default in the payment of the principal of or interest on |
|
|
district bonds that are payable wholly or partly from revenue, a |
|
|
court may, on petition of the holders of at least 25 percent of the |
|
|
district's outstanding revenue bonds, appoint a receiver for the |
|
|
district. |
|
|
(b) The receiver may collect and receive all district |
|
|
revenue, other than taxes, employ and discharge district agents and |
|
|
employees, and take charge of money on hand, other than money |
|
|
received from taxes, unless commingled, and/or hindrance by the |
|
|
board. |
|
|
(c) The receiver may be authorized to sell or contract for |
|
|
the sale of water or the collection or treatment of waste or to |
|
|
renew contracts, with the approval of the court that appointed the |
|
|
receiver. |
|
|
(d) The court may vest the receiver with any other power or |
|
|
duty the court finds necessary to protect the bondholders. (Acts |
|
|
65th Leg., R.S., Ch. 337, Sec. 15(g) (part).) |
|
|
Sec. 11007.211. REFUNDING BONDS. (a) The district may |
|
|
issue refunding bonds to refund outstanding district bonds and |
|
|
interest on those bonds. |
|
|
(b) Refunding bonds may: |
|
|
(1) be issued to refund bonds of more than one series; |
|
|
(2) combine the pledges for the outstanding bonds for |
|
|
the security of the refunding bonds; or |
|
|
(3) be secured by a pledge of other or additional |
|
|
revenue or mortgage liens. |
|
|
(c) The provisions of this subchapter regarding the |
|
|
issuance of other bonds, their security, and the remedies of the |
|
|
holders apply to refunding bonds. |
|
|
(d) The comptroller shall register the refunding bonds on |
|
|
the surrender and cancellation of the bonds to be refunded. |
|
|
(e) Instead of issuing bonds to be registered on the |
|
|
surrender and cancellation of the bonds to be refunded, the |
|
|
district, in the resolution authorizing the issuance of the |
|
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
|
the deposit of the proceeds in a bank at which the bonds to be |
|
|
refunded are payable. In that case, the refunding bonds may be |
|
|
issued in an amount sufficient to pay the principal of and interest |
|
|
and any required redemption premium on the bonds to be refunded to |
|
|
or through any redemption date or through or on their maturity date, |
|
|
and the comptroller shall register the refunding bonds without the |
|
|
surrender and cancellation of the bonds to be refunded. |
|
|
(f) An election is not required to authorize the issuance of |
|
|
refunding bonds. |
|
|
(g) The district may also issue refunding bonds under any |
|
|
other applicable law. (Acts 65th Leg., R.S., Ch. 337, Sec. 17.) |
|
|
Sec. 11007.212. OTHER REMEDIES AND COVENANTS. The |
|
|
resolution authorizing the issuance of district bonds, including |
|
|
refunding bonds, or the trust indenture securing the bonds, may |
|
|
provide other remedies and covenants the board considers necessary |
|
|
to issue the bonds on the most favorable terms. (Acts 65th Leg., |
|
|
R.S., Ch. 337, Sec. 15(h).) |
|
|
Sec. 11007.213. LIMITATION ON RIGHTS OF BONDHOLDERS. The |
|
|
resolution authorizing the bonds or the trust indenture securing |
|
|
the bonds may limit or qualify the rights of the holders of less |
|
|
than all of the outstanding bonds payable from the same source to |
|
|
institute or prosecute litigation affecting the district's |
|
|
property or income. (Acts 65th Leg., R.S., Ch. 337, Sec. 15(g) |
|
|
(part).) |
|
|
Sec. 11007.214. BONDS EXEMPT FROM TAXATION. A district |
|
|
bond, the transfer of the bond, and the income from the bond, |
|
|
including profits made on the sale of the bond, are exempt from |
|
|
taxation in this state. (Acts 65th Leg., R.S., Ch. 337, Sec. 22 |
|
|
(part).) |
|
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
|
SECTION 2.01. Section 1, Chapter 145, Acts of the 41st |
|
|
Legislature, Regular Session, 1929, is amended to read as follows: |
|
|
Sec. 1. Cameron County Drainage District Number One of |
|
|
Cameron County, Texas, including within its limits the territory |
|
|
described and defined in that certain order of the Commissioners' |
|
|
Court of Cameron County, Texas, passed and adopted by said Court on |
|
|
the 22nd day of January, A. D. 1920, recorded in Book "J," pages 536 |
|
|
to 540, Minutes of the Commissioners' Court of said County, same |
|
|
including within its limits the territory described and defined in |
|
|
said order, the metes and bounds of which said territory is as |
|
|
follows, to-wit: |
|
|
Being all of the Territory situated and lying in Cameron |
|
|
County Texas and bounded on the North by the Cautes Resaca, on the |
|
|
West by the East line of Share No. 1, a subdivision of the Espiritu |
|
|
Santo Grant. |
|
|
On the South by the Resaca de la Guerra, and the Resaca Rancho |
|
|
Viejo. On the East between Resaca Rancho Viejo and Resaca de la |
|
|
Guerra, by the East line of Partition Share 29 and between Resaca |
|
|
Rancho Viejo and Cuates Resaca by the East line of Partition Share |
|
|
No. 32 and being more fully described by metes and Bounds as |
|
|
follows: |
|
|
Beginning at a point on the East line of Partition Share No. 1 |
|
|
a subdivision of the Espiritu Santo Grant, and at the N. W. corner |
|
|
of a 440 acre survey being Partition Share No. 4, a subdivision of |
|
|
said Espiritu Santo Grant, and running Thence N. 8°00' E. with the |
|
|
East line of Partition Share No. 1, a distance of 50231 feet to a |
|
|
stake on the North Bank of the Resaca de los Cuates for N. W. Corner; |
|
|
Thence down said Cuates Resaca and the North Bank thereof to a point |
|
|
at the intersection of said North Bank with the West line of |
|
|
Partition Share 32, a subdivision of the Espiritu Santo Grant. |
|
|
Thence East to the East line of said Share No. 32, and on West line |
|
|
of Laguna Vista tract; thence in a southerly direction with the West |
|
|
line of Laguna Vista tract, Santa Isabel Tract, and San Martin |
|
|
tract, a distance of 66800 feet to a point which is 9484 feet from a |
|
|
stone and concrete monument on the estero near the river and being, |
|
|
a corner of the San Martin Grant as called for in its patent; Thence |
|
|
West to Resaca Rancho Viejo; Thence up Resaca Rancho Viejo with its |
|
|
meanders to the East line of Partition Share No. 29, a subdivision |
|
|
of Espiritu Santo Grant; Thence in a southerly direction with the |
|
|
East line of Share No. 29, a distance of 13212 feet to the North bank |
|
|
of Resaca de la Guerra; Thence up the North bank of Resaca de la |
|
|
Guerra with its various meanders, to the West line of Partition |
|
|
Share No. 17, a subdivision of the Espiritu Santo Grant; Thence in a |
|
|
northerly direction with said West line of Share No. 17 to the place |
|
|
of beginning, containing 81136 acres[; is hereby created and
|
|
|
established as a Conservation District in said county under
|
|
|
authority of Section 59 of Article 16 of the Constitution of the
|
|
|
State of Texas, for the purpose of the reclamation and drainage of
|
|
|
its seeped, salty, waterlogged and over flowed lands, and other
|
|
|
lands needing drainage, and all other purposes as contemplated by
|
|
|
section 59 of Article 16 of the Constitution of this State, and said
|
|
|
district shall be a governmental agency and body politic with all
|
|
|
powers as are granted to such conservation districts in the
|
|
|
Constitution and in the General Laws of the State of Texas]. |
|
|
SECTION 2.02. Section 1, Chapter 533, Acts of the 57th |
|
|
Legislature, Regular Session, 1961, is amended to read as follows: |
|
|
Sec. 1. The [Under and pursuant to the provisions of Section
|
|
|
59 of Article XVI, Constitution of Texas, a conservation and
|
|
|
reclamation district is hereby created and incorporated in Liberty
|
|
|
County, Texas, to be known as "Hull Fresh Water Supply District,"
|
|
|
hereafter referred to as the "District," and the] boundaries of the |
|
|
Hull Fresh Water Supply District [said District] shall be as |
|
|
follows: |
|
|
BEGINNING at the NE corner of the Chas. Underton Survey, |
|
|
A-391, Liberty County, Texas, which point of beginning is also the |
|
|
SE corner of the C. F. Stevens Survey, A-920, and is in the West line |
|
|
of the A. Melonson Survey No. 194, A-701; |
|
|
THENCE following the East line of said Stevens Survey in a |
|
|
Northerly direction to the NE corner of said Stevens Survey, A-920, |
|
|
the same being the NW corner of the aforesaid A. Melonson Survey No. |
|
|
194, A-701; |
|
|
THENCE in an Easterly direction following the North line of |
|
|
said A. Melonson Survey No. 194 to the SE corner of the Humble |
|
|
Pipeline Co. 40.25 acre tract of land; |
|
|
THENCE in a Northerly direction following the East line of |
|
|
said Humble Pipeline Co. 40.25 acre tract, and the Northerly |
|
|
prolongation of said East line to a point in the North right-of-way |
|
|
line of the Missouri Pacific RR; |
|
|
THENCE in a Westerly direction following said North |
|
|
right-of-way line of said RR to the SE corner of the Magnolia |
|
|
Pipeline Co. 39.08 acre tract; |
|
|
THENCE in a Northerly direction following the East line of |
|
|
said 39.08 acre tract to the NE corner of same; |
|
|
THENCE in a Westerly direction following the North line of |
|
|
said 39.08 acre tract and the Westerly prolongation of same to the |
|
|
SE corner of the Leo Fregia 4 acre tract of land; |
|
|
THENCE following the East line of said Fregia 4 acre tract in |
|
|
a Northerly direction to the NE corner of said tract; |
|
|
THENCE following the North line of said Leo Fregia 4 acre |
|
|
tract in a Westerly direction to the NW corner of same, said corner |
|
|
being the most Easterly SE corner of the J. L. Deckert tract of land |
|
|
situated in the H. T. C. Survey No. 193, A-239; |
|
|
THENCE following the East line of said J. L. Deckert tract in |
|
|
a Northerly direction to the NE corner of same, said corner being in |
|
|
the North line of said H. T. C. Survey No. 193; |
|
|
THENCE following the North line of said H. T. C. Survey No. |
|
|
193 in an Easterly direction to a point in line with the Southerly |
|
|
prolongation of the East line of the H. Taylor 4.5 acre tract of |
|
|
land in the Francis Smith Survey, A-346; |
|
|
THENCE in a Northerly direction along said Southerly |
|
|
prolongation of said East line of said H. Taylor 4.5 acre tract and |
|
|
continuing along said East line of said 4.5 acre tract and the |
|
|
Northerly prolongation of said East line to the center line of |
|
|
Batiste Creek; |
|
|
THENCE in a generally Northwesterly direction following the |
|
|
meanders of the center of Batiste Creek upstream to a point in the |
|
|
West line of the J. W. Mecom 48 acre tract in the Francis Smith |
|
|
Survey, A-346; |
|
|
THENCE following the West line of said J. W. Mecom 48 acre |
|
|
tract in a Southerly direction to the SW corner of same, and the SE |
|
|
corner of another tract of land belonging to said J. W. Mecom and |
|
|
containing 73.33 acres; |
|
|
THENCE in a Westerly direction following the South line of |
|
|
said J. W. Mecom 73.33 acre tract and the Westerly prolongation of |
|
|
same to the NW corner of Garden Subdivision out of said Francis |
|
|
Smith Survey, A-346, according to a map or plat of said Subdivision, |
|
|
of record in Vol. 113, page 177, of the Deed Records of Liberty |
|
|
County, Texas; |
|
|
THENCE in a Southerly direction following the West line of |
|
|
said Garden Subdivision and the Southerly prolongation of said West |
|
|
line to a point 280 ft. South of the intersection of said Southerly |
|
|
prolongation of said West line with the South right-of-way line of |
|
|
F.M. Hwy. 834 based upon a right-of-way width of 80 ft.; |
|
|
THENCE in an Easterly direction at right angles to said |
|
|
Southerly prolongation of the West line of said Garden Subdivision |
|
|
to a point in the West line of the J. S. Wheless and Thos. J. Baten |
|
|
15 acre tract; |
|
|
THENCE in a Southerly direction following the West line of |
|
|
said Wheless and Baten 15 acre tract to the SW corner of said tract, |
|
|
the same being a point in the North line of the Jewell Vaughn 14.33 |
|
|
acre tract; |
|
|
THENCE in a Westerly direction following the North line of |
|
|
said Vaughn 14.33 acre tract to the NW corner of said tract; |
|
|
THENCE in a Southerly direction following the West line of |
|
|
said Jewell Vaughn 14.33 acre tract and the Southerly prolongation |
|
|
of said West line to the SW corner of the T. D. Richardson, et al., 8 |
|
|
acre tract, which SW corner of said tract is in the North line of the |
|
|
C. F. Stevens Survey 194, A-767; |
|
|
THENCE in a Westerly direction following the North line of |
|
|
said Stevens Survey to the NW corner of said Survey, the same being |
|
|
a point in the East line of the William Smith Survey, A-342; |
|
|
THENCE following the East line of said William Smith Survey, |
|
|
A-342, in a Southerly direction a distance of 2,000 ft.; |
|
|
THENCE in an Easterly direction at right angles to the East |
|
|
line of said William Smith Survey, A-342, following a straight line |
|
|
to the West line of the J. P. Richardson 75.88 acre tract; |
|
|
THENCE following the West line of said J. P. Richardson 75.88 |
|
|
acre tract in a Southerly direction to the North line of the Chas. |
|
|
Underton Survey, A-391; |
|
|
THENCE following the North line of said Chas. Underton |
|
|
Survey, A-391, in an Easterly direction to the NE corner of said |
|
|
Underton Survey the POINT OF BEGINNING, containing 1,076 acres of |
|
|
land, more or less. |
|
|
SECTION 2.03. Section 1, Chapter 20, Acts of the 57th |
|
|
Legislature, 3rd Called Session, 1962, is amended to read as |
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follows: |
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Sec. 1. [Authority Created. Pursuant to, and as expressly
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authorized by Section 59, Article XVI of the Constitution of the
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State of Texas, and in addition to all other districts into which
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the State has been divided heretofore, there is hereby created a
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conservation and reclamation district to be known as "Memorial
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Villages Water Authority" (hereinafter referred to as the
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Authority), which shall be recognized to be a governmental agency,
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a body politic and corporate, and a political subdivision of this
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State.] The area of the Memorial Villages Water Authority |
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[Authority] shall consist of the following: |
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All land which on the effective date of this Act is located |
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within the corporate limits of the City of Hedwig Village, |
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Texas, located in the Isaac Bunker A-121 and A. H. Osbourne |
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A-610 surveys, in Harris County, Texas; and all land which on |
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the effective date of this Act is located within the |
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corporate limits of the City of Piney Point Village, Texas |
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located in the Bunker and Osbourne surveys and in the John D. |
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Taylor survey A-72, except that certain area of 0.19 square |
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miles annexed by Ordinance No. 19 passed and approved by the |
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City Council of the City of Piney Point Village, Texas, on |
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October 13, 1955, and delineated in METES AND BOUNDS OF PINEY |
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POINT VILLAGE AND ANNEXED AREA recorded in Volume 3604, Page |
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708 of the Deed Records of Harris County, Texas, and in Volume |
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58, Page 41 of the Map Records of Harris County, Texas; and |
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all land which on the effective date of the Act is located |
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within the corporate limits of the City of Hunter's Creek |
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Village, Texas, north of Buffalo Bayou except that portion |
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thereof known as Creekside Manor subdivision in the said |
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Taylor, Osbourne and R. Vince A-77 surveys, all of such land |
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being situated in Harris County, Texas. |
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SECTION 2.04. Section 1, Chapter 38, Acts of the 57th |
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Legislature, 3rd Called Session, 1962, is amended to read as |
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follows: |
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Sec. 1. The [Under and pursuant to the provisions of Section
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59 of Article XVI, Constitution of Texas, a conservation and
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reclamation district is hereby created and incorporated in Bee
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County, Texas, to be known as "Pettus Municipal Utility District,"
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hereinafter referred to as the "District," and the] boundaries of |
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the Pettus Municipal Utility District [said District] shall be as |
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follows: |
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Beginning at the Southeast corner of the Town of Pettus, Bee |
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County, Texas, according to plat filed in Vol. K, Page 517, Deed |
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Records, Bee County, Texas, in the George A. Kerr Survey, Abstract |
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209; |
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Thence N. 18° 10' W. with the eastern boundary line of said |
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Town of Pettus a distance of 2,560 feet to the Northeast corner of |
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said Town of Pettus; |
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Thence S. 71° 50' W. along the northern boundary line of said |
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Town of Pettus a distance of 103.9 feet; |
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Thence N. 60° 26' W. a distance of 40.3 feet; |
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Thence N. 71° 50' E. a distance of 214 feet; |
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Thence Northeasterly along the northern right-of-way line of |
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F. M. Highway No. 623, rotating 24° 53' 53" about a radial center |
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with radius of 449.26 feet, an arc distance of 195.23 feet, to a |
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point on said northern right-of-way line of said Highway No. 623; |
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Thence N. 48° 14' E. along said Northern right-of-way line of |
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said Highway No. 623 a distance of 50.66 feet to a corner of that |
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certain tract of land conveyed by George A. Ray, Jr. to the Pettus |
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Independent School District by Deed recorded in Volume 218, Page |
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292, Bee County records; |
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Thence N. 05° 20' W. with the eastern boundary of said tract of |
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land conveyed by George A. Ray, Jr. to said School District a |
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distance of 298.08 feet for a corner; |
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Thence S. 84° 17' W. a distance of 1,114.1 feet to a point for |
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corner; |
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Thence N. 60° 26' W. a distance of 480.8 feet; |
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Thence S. 52° 40' W. a distance of 477.5 feet to the most |
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easterly eastern boundary line of the Danaho Refinery tract, |
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described in Deed of Trust Records, Volume 64, Page 424, Bee County |
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records; |
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Thence N. 18° 10' W. with said most easterly eastern boundary |
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line of the said Danaho Refinery tract a distance of 1,819.5 feet to |
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the Northeast corner of said Danaho Refinery tract; |
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Thence S. 71° 50' W. with the northern boundary line of said |
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Danaho Refinery tract, at 734 feet pass a 3/4 inch iron pipe set in |
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the eastern right-of-way line of the T & NO (S. P.) railroad |
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property, and continuing on the same course along the westerly |
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projection of said Northern boundary line of the said Danaho |
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Refinery tract a distance of approximately 2250 feet to a point in |
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the centerline of Medio Creek; |
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Thence down the centerline of said Medio Creek with its |
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meanders in a generally southerly direction to a point in said |
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centerline from whence the Northeast corner of the Denver C. |
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Roberts 32.08 acre tract (description recorded in Deed Volume 184, |
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Page 302) bears S. 58° 14' W. at approximately 580 feet; |
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Thence S. 58° 14' W., at approximately 580 feet pass a one inch |
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iron pipe set at said Northeast corner of said Roberts 32.08 acre |
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tract, a total distance of 2,369 feet, more or less, to the |
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Northwest corner of said Roberts 32.08 acre tract; |
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Thence S. 70° 14' W. with the northern boundary line of the |
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Fred Hoffer 11.25 acre tract, the northern boundary line of the |
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Mineral Heights Subdivision, and continuing on the same course a |
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total distance of approximately 4,480 feet to the western boundary |
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|
line of said George A. Kerr Survey, Abstract 209; |
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Thence S. 20° E. with said western boundary line of said Kerr |
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Survey a distance of approximately 943.5 feet to a point, said point |
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being S. 20° E. 150 feet from the intersection of said western |
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|
boundary line of said Kerr Survey and the southern right-of way line |
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|
of F. M. Highway No. 623; |
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Thence N. 70° 14' E. along a line parallel to and 150 feet at |
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|
right angles southerly from said southern right-of-way line of |
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|
F. M. Highway No. 623 a distance of approximately 6,880 feet, and |
|
|
continuing in a generally easterly direction along the tangents and |
|
|
curves of said line parallel to and 150 feet at right angles |
|
|
southerly from such southern right-of-way line of said F. M. |
|
|
Highway 623 to a point in the centerline of said Medio Creek; |
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|
Thence in a generally southerly and westerly direction down |
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|
the centerline of said Medio Creek with its meanders a distance of |
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|
approximately 1,310 feet to its intersection with a line projected |
|
|
800 feet westerly at right angles from the northerly projection of |
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|
the western right-of-way line of U. S. Highway No. 181, and from |
|
|
such intersection a point in the centerline of said T. & NO Railroad |
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|
bears N. 71° 50' E. at 970 feet; |
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Thence in a generally southerly direction along the tangents |
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|
and curves of a line parallel to and 800 feet westerly at right |
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|
angles from said northerly projection and said western right-of-way |
|
|
line of said highway a distance of approximately 2,650 feet to a |
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point from whence the southeast corner of the George A. Ray, Jr. |
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|
75.64 acre tract bears S. 79° 20' E. at 843.8 feet and from whence a |
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|
point in said western right-of-way line of U. S. Highway No. 181 |
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|
bears S. 86° 53' E. at 800 feet; |
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|
Thence S. 86° 53' E. a distance of 689 feet to the point of |
|
|
intersection of the centerlines of two small creeks from whence a 1 |
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|
1/4 inch iron pipe set at the southeast corner of said George A. |
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|
Ray, Jr. 75.64 acre tract bears S. 49° 55' E. at 184.5 feet; |
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|
Thence in a generally easterly direction up the centerline of |
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|
that one of the said two small creeks which runs approximately S. |
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|
86° 53' E., with its meanders, under U. S. Highway No. 181 and the T & |
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|
NO Railroad and continuing up said creek to a point in its |
|
|
centerline from whence a point in the eastern right-of-way line of |
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|
said T & NO Railroad bears N. 86° 53' W. at 800 feet and from whence |
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said Southeast corner of said Ray 75.64 acre tract bears S. 86° 54' |
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|
W. at 1,028 feet; |
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|
Thence in a generally northeasterly direction along the |
|
|
tangents and curves of a line parallel to and 800 feet easterly at |
|
|
right angles from the eastern right-of-way line of said T & NO |
|
|
Railroad a distance of approximately 3,000 feet to a point in the |
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|
centerline of a small creek; |
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|
Thence up the centerline of said small creek with its |
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|
meanders in a generally northeasterly direction a distance of |
|
|
approximately 940 feet to a point in the southern boundary line of |
|
|
the Town of Pettus from whence the Southeast corner of said Town of |
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|
Pettus bears N. 71° 50' E. at approximately 700 feet; |
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|
Thence N. 71° 50' E along said southern boundary line of the |
|
|
Town of Pettus a distance of approximately 700 feet to the Southeast |
|
|
corner of the Town of Pettus, the place of beginning, containing 600 |
|
|
acres more or less, in Bee County, Texas. |
|
|
Beginning at the Southeast corner of the Town of Pettus, Bee |
|
|
County, Texas, according to plat filed in Vol. K, Page 517, Deed |
|
|
Records, Bee County, Texas, in the George A. Kerr Survey, Abstract |
|
|
209; |
|
|
Thence N. 18° 10' W. with the eastern boundary line of said |
|
|
Town of Pettus a distance of 2,560 feet to the Northeast corner of |
|
|
said Town of Pettus; |
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|
Thence S. 71° 50' W. along the northern boundary line of said |
|
|
Town of Pettus a distance of 103.9 feet; |
|
|
Thence N. 60° 26' W. a distance of 40.3 feet; |
|
|
Thence N. 71° 50' E. a distance of 214 feet; |
|
|
Thence Northeasterly along the northern right-of-way line of |
|
|
F. M Highway No. 623, rotating 24° 53' 53" about a radial center with |
|
|
radius of 449.26 feet, an arc distance of 195.23 feet, to a point on |
|
|
said northern right-of-way line of said Highway No. 623; |
|
|
Thence N. 48° 14' E. along said Northern right-of-way line of |
|
|
said Highway No. 623 a distance of 50.66 feet to a corner of that |
|
|
certain tract of land conveyed by George A. Ray, Jr. to the Pettus |
|
|
Independent School District by Deed recorded in Volume 218, Page |
|
|
292, Bee County records; |
|
|
Thence N. 05° 20' W. with the eastern boundary of said tract of |
|
|
land conveyed by George A. Ray, Jr. to said School District a |
|
|
distance of 298.08 feet for a corner; |
|
|
Thence S. 84° 17' W. a distance of 1,114.1 feet to a point for |
|
|
corner; |
|
|
Thence N. 60° 26' W. a distance of 480.8 feet; |
|
|
Thence S. 52° 40' W. a distance of 477.5 feet to the most |
|
|
easterly eastern boundary line of the Danaho Refinery tract, |
|
|
described in Deed of Trust Records, Volume 64, Page 424, Bee County |
|
|
records; |
|
|
Thence N. 18° 10' W. with said most easterly eastern boundary |
|
|
line of the said Danaho Refinery tract a distance of 1,819.5 feet to |
|
|
the Northeast corner of said Danaho Refinery tract; |
|
|
Thence S. 71° 50' W. with the northern boundary line of said |
|
|
Danaho Refinery tract, at 734 feet pass a 3/4 inch iron pipe set in |
|
|
the eastern right-of-way line of the T & NO (S. P.) railroad |
|
|
property, and continuing on the same course along the westerly |
|
|
projection of said Northern boundary line of the said Danaho |
|
|
Refinery tract a distance of approximately 2250 feet to a point in |
|
|
the centerline of Medio Creek; |
|
|
Thence down the centerline of said Medio Creek with its |
|
|
meanders in a generally southerly direction to a point in said |
|
|
centerline from whence the Northeast corner of the Denver C. |
|
|
Roberts 32.08 acre tract (description recorded in Deed Volume 184, |
|
|
Page 302) bears S. 58° 14' W. at approximately 580 feet; |
|
|
Thence S. 58° 14' W., at approximately 580 feet pass a one inch |
|
|
iron pipe set at said Northeast corner of said Roberts 32.08 acre |
|
|
tract, a total distance of 2,369 feet, more or less, to the |
|
|
Northwest corner of said Roberts 32.08 acre tract; |
|
|
Thence S. 70° 14' W. with the northern boundary line of the |
|
|
Fred Hoffer 11.25 acre tract, the northern boundary line of the |
|
|
Mineral Heights Subdivision, and continuing on the same course a |
|
|
total distance of approximately 4,480 feet to the western boundary |
|
|
line of said George A. Kerr Survey, Abstract 209; |
|
|
Thence S. 20° E. with said western boundary line of said Kerr |
|
|
Survey a distance of approximately 943.5 feet to a point, said point |
|
|
being S. 20° E. 150 feet from the intersection of said western |
|
|
boundary line of said Kerr Survey and the southern right-of-way |
|
|
line of F. M. Highway No. 623; |
|
|
Thence N. 70° 14' E. along a line parallel to and 150 feet at |
|
|
right angles southerly from said southern right-of-way line of |
|
|
F. M. Highway No. 623 a distance of approximately 6,880 feet, and |
|
|
continuing in a generally easterly direction along the tangents and |
|
|
curves of said line parallel to and 150 feet at right angles |
|
|
southerly from such southern right-of-way line of said F. M. |
|
|
Highway 623 to a point in the centerline of said Medio Creek; |
|
|
Thence in a generally southerly and westerly direction down |
|
|
the centerline of said Medio Creek with its meanders a distance of |
|
|
approximately 1,310 feet to its intersection with a line projected |
|
|
800 feet westerly at right angles from the northerly projection of |
|
|
the western right-of-way line of U. S. Highway No. 181, and from |
|
|
such intersection a point in the centerline of said T. & NO Railroad |
|
|
bears N. 71° 50' E. at 970 feet; |
|
|
Thence in a generally southerly direction along the tangents |
|
|
and curves of a line parallel to and 800 feet westerly at right |
|
|
angles from said northerly projection and said western right-of-way |
|
|
line of said highway a distance of approximately 2,650 feet to a |
|
|
point from whence the southeast corner of the George A. Ray, Jr. |
|
|
75.64 acre tract bears S. 79° 20' E. at 843.8 feet and from whence a |
|
|
point in said western right-of-way line of U. S. Highway No. 181 |
|
|
bears S. 86° 53' E. at 800 feet; |
|
|
Thence S. 86° 53' E. a distance of 689 feet to the point of |
|
|
intersection of the centerlines of two small creeks from whence a 1 |
|
|
1/4 inch iron pipe set at the southeast corner of said George A. |
|
|
Ray, Jr. 75.64 acre tract bears S. 49° 55' E. at 184.5 feet; |
|
|
Thence in a generally easterly direction up the centerline of |
|
|
that one of the said two small creeks which runs approximately S. |
|
|
86° 53' E., with its meanders, under U. S. Highway No. 181 and the T & |
|
|
NO Railroad and continuing up said creek to a point in its |
|
|
centerline from whence a point in the eastern right-of-way line of |
|
|
said T & NO Railroad bears N. 86° 53' W. at 800 feet and from whence |
|
|
said Southeast corner of said Ray 75.64 acre tract bears S. 86° 54' |
|
|
W. at 1,028 feet; |
|
|
Thence in a generally northeasterly direction along the |
|
|
tangents and curves of a line parallel to and 800 feet easterly at |
|
|
right angles from the eastern right-of-way line of said T & NO |
|
|
Railroad a distance of approximately 3,000 feet to a point in the |
|
|
centerline of a small creek; |
|
|
Thence up the centerline of said small creek with its |
|
|
meanders in a generally northeasterly direction a distance of |
|
|
approximately 940 feet to a point in the southern boundary line of |
|
|
the Town of Pettus from whence the Southeast corner of said Town of |
|
|
Pettus bears N. 71° 50' E. at approximately 700 feet; |
|
|
Thence N. 71° 50' E along said southern boundary line of the |
|
|
Town of Pettus a distance of approximately 700 feet to the Southeast |
|
|
corner of the Town of Pettus, the place of beginning, containing 600 |
|
|
acres more or less, in Bee County, Texas. |
|
|
SECTION 2.05. Section 1, Chapter 4, Acts of the 58th |
|
|
Legislature, Regular Session, 1963, is amended to read as follows: |
|
|
Sec. 1. The [Under and pursuant to the provisions of Section
|
|
|
59 of Article XVI, Constitution of Texas, a Conservation and
|
|
|
Reclamation District is hereby created and incorporated in Willacy
|
|
|
County, Texas, to be known as "Port Mansfield Public Utility
|
|
|
District," hereinafter referred to as the "District," and the] |
|
|
boundaries of the Port Mansfield Public Utility District [said
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|
|
District] shall be as follows: |
|
|
STARTING with the U. S. Coastal and Geodetic Survey, |
|
|
permanent bench Sauz, which is located as latitude 26 degrees, 32 |
|
|
minutes, 16.012 seconds, and longitude 97 degrees, 25 minutes, |
|
|
13.527 seconds; |
|
|
THENCE, at an azimuth 202 degrees, 32 minutes, for a distance |
|
|
of 351.4 feet to the point of beginning, said point being at the |
|
|
ordinary high tide line on the shoreline of Red Fish Bay and being |
|
|
the southeast corner of said District; |
|
|
THENCE, west (azimuth 270 degrees, 0 minutes) for a distance |
|
|
of 7,940 feet to a point, said point being the southwest corner of |
|
|
said District; |
|
|
THENCE, north (azimuth 0 degrees, 0 minutes) for a distance |
|
|
of 11,880 feet to a point, said point being the northwest corner of |
|
|
said District; |
|
|
THENCE, east (azimuth 90 degrees, 0 minutes) for a distance |
|
|
of 5,280 feet to the ordinary high tide line on the shore line of Red |
|
|
Fish Bay, said point being the northeast corner of said District; |
|
|
THENCE, generally southward, following said ordinary high |
|
|
tide line of Red Fish Bay to the southeast corner of said District |
|
|
and POINT OF BEGINNING, containing 1,760 acres of land, more or |
|
|
less, and being out of and a part of the San Juan de Carricitos Grant |
|
|
in Willacy County, Texas. |
|
|
SECTION 2.06. Section 2, Chapter 29, Acts of the 55th |
|
|
Legislature, 1st Called Session, 1957, is amended to read as |
|
|
follows: |
|
|
Sec. 2. [It is expressly determined and found that all of
|
|
|
the territory included with the area of the district will be
|
|
|
benefited by the works and projects which are to be accomplished by
|
|
|
the Authority pursuant to the powers conferred by the provisions of
|
|
|
Article XVI, Section 59, of the Constitution of Texas.] The area of |
|
|
the Donahoe Creek Watershed Authority shall be all of that |
|
|
territory enclosed within the following metes and bounds |
|
|
description, to-wit: |
|
|
BEGINNING at a point in the center of Little River on the |
|
|
North line of the Juan J. Acosta Grant, in Milam County, Texas, |
|
|
where the west ROW line of Farm-Market Road No. 486 crosses said |
|
|
River; |
|
|
Thence about S 20 W with the West ROW line to its' |
|
|
intersection with the South ROW line of Farm-Market Road #487, |
|
|
which is also the North line of the San Gabriel River Water Control |
|
|
and Improvement District No. 1. |
|
|
Thence with the North line of said District as follows: |
|
|
Thence with the South ROW line of F-M Road No. 487 in a |
|
|
westerly direction, through the Communities of Sharp and Davilla to |
|
|
the point where said ROW line crosses the Milam, Bell Counties line. |
|
|
Thence S 20 W with the Milam and Bell County lines to their |
|
|
common corner on the North line of Williamson County. |
|
|
Thence N 65 W with the Bell and Williamson County lines to the |
|
|
point where said line crosses the North line of the M F |
|
|
DeGraffenreid Survey No. 107. |
|
|
Thence N 70 W with the North line of the M F DeGraffenreid |
|
|
Survey No. 107 to the N W corner of same. |
|
|
Thence S 20 W with the West line of said survey No. 107, and |
|
|
the East lines of the M F DeGraffenreid Surveys Nos. 109 and 110, to |
|
|
the S E corner of Survey No. 110. |
|
|
Thence N 70 W with the south line of Survey No. 110, to the N E |
|
|
corner of the M F DeGraffenreid Survey No. 111. |
|
|
Thence S 20 W with the East line of Survey No. 111, to the S E |
|
|
corner of Survey No. 111. |
|
|
Thence N 70 W with the South line of Survey No. 111, to the |
|
|
lower S W corner of Survey No. 111, on the East line of the J B |
|
|
Rogers Survey No. 9. |
|
|
Thence N 20 E with the east line of the J B Rogers Survey No. 9 |
|
|
to the N E corner of same. |
|
|
Thence N 70 W with the North line of the J B Rogers Survey to N |
|
|
W corner of same. |
|
|
Thence S 20 W with the West line of the J B Rogers Survey to |
|
|
the S W corner of same, the S E corner of the I & G N Railroad Co. |
|
|
Survey No. 196. |
|
|
Thence N 70 W with the south line of the I & G N RR Co Surveys |
|
|
Nos. 196 and 195 to the S W corner of Survey No. 195. |
|
|
Thence N 19 W with the West line of Survey No. 195 to the N W |
|
|
corner, in the south line of the Willis Donahoe Survey. |
|
|
Thence N 70 W with the south lines of the Willis Donahoe and |
|
|
Edward Ryan surveys, to the lower S W corner of the Edward Ryan |
|
|
Survey, in the East line of the W A Jenkins Survey. |
|
|
Thence N 19 W with the Jenkins and Ryan Surveys, to the lower |
|
|
N W corner of the Ryan Survey, the S W corner of the J. J. |
|
|
Stubblefield Survey. |
|
|
Thence N 71 E with the south line of the J J Stubblefield |
|
|
Survey to the S E corner of same. |
|
|
Thence N 19 W with the East line of the J J Stubblefield |
|
|
Survey to the N E corner of same. |
|
|
Thence southwesterly with the North line of the J J |
|
|
Stubblefield Survey, to the N W corner of same, the N E corner of the |
|
|
Herman Aiken Survey, an angle corner in the South line of the Wm |
|
|
Adams Survey. |
|
|
Thence S 71 W with the south line of the Wm Adams Survey to the |
|
|
S W corner of same, in the East line of the A A Lewis Survey. |
|
|
Thence N 19 W with the West line of the Wm Adams Survey and the |
|
|
East line of the A A Lewis Survey, to the point in the East line of |
|
|
the Lewis Survey where the South ROW line of F-M Road #487 crosses |
|
|
same. |
|
|
Thence Southwesterly across the A A Lewis and the Robert Lile |
|
|
Surveys, to the point where the F-M Road crosses the Lile West line. |
|
|
Thence here leaving the line of the San Gabriel District and |
|
|
following the West line of the Robert Lile Survey, N 19 W to the |
|
|
point where it intersects the East ROW line of US Highway #81. |
|
|
Thence Northeasterly with the ROW line of US Highway #81, to |
|
|
the point where said ROW line crosses the North line of the Lile |
|
|
Survey. |
|
|
Thence N 71 E with the Robert Lile Survey North line to the N E |
|
|
corner of said Lile Survey, at or near the N W corner of the Wm B |
|
|
McClellan Survey. |
|
|
Thence N 71 E with the North line of the McClellan Survey, |
|
|
crossing the Williamson-Bell County line, to the N E corner of the |
|
|
McClellan Survey. |
|
|
Thence S 19 E with the East line of the McClellan Survey to |
|
|
the N W corner of the Samuel Wolfenbarger Survey. |
|
|
Thence with the North lines of the Wolfenbarger and the Jesse |
|
|
B Holman Survey, N 71 E to the N E corner of the Holman Survey to the |
|
|
N W corner of the Josiah Chalk Survey. |
|
|
Thence N 71 E with the North line of the Josiah Chalk Survey |
|
|
and the North line of the H. Barney Survey, Abstract No. 1064, and |
|
|
the South line of the Rueben Plummer Survey, to the S E corner of the |
|
|
Plummer Survey and the N E corner of the H. Barney Survey. |
|
|
Thence S 19 E with the upper East line of the H. Barney |
|
|
Survey, to an Ell corner of the Barney Survey. |
|
|
Thence N 71 E with the lower North line of the Barney Survey, |
|
|
to the Eastmost N E corner, at the N W corner of the Amos Pollard |
|
|
Survey, Abstract #667, and at the S W corner of the Henry Barney |
|
|
Survey, Abst. #950. |
|
|
Thence S 70 E with the South line of the Henry Barney Survey |
|
|
to the S E corner of the Survey. |
|
|
Thence N 20 E with the East line of the Henry Barney Survey to |
|
|
the N W corner of the John L. Christoph Survey. |
|
|
Thence S 70 E with the North line of the Christoph Survey to |
|
|
the point where (about 0.6 miles distant) a County road crosses the |
|
|
survey line. |
|
|
Thence in a Northerly direction about 0.5 miles, with the |
|
|
road and crossing a part of the M F DeGraffenreid Survey, Abstract |
|
|
No. 275, to the S W corner of the John Laise Survey, Abst. #515, also |
|
|
an Ell corner of the DeGraffenreid Survey. |
|
|
Thence N 71 E with the South line of the Laise Survey and the |
|
|
line of the DeGraffenreid Survey, to the point where another County |
|
|
road intersects said lines, about the upper N W corner of the |
|
|
DeGraffenreid Survey. |
|
|
Thence in an E SE direction with the County road, along or |
|
|
near the North line of this DeGraffenreid Survey and the North line |
|
|
of another M F DeGraffenreid Survey, Abstract No. 274, to a bend in |
|
|
the road. |
|
|
Thence S 20 W with the road, about 0.4 miles to a fork in the |
|
|
road. |
|
|
Thence S 70 E with the road, about 0.6 miles to another bend |
|
|
in the road, on or near the East line of the DeGraffenreid Survey, |
|
|
in the West line of the Joseph Branham Survey, Abstract No. 123. |
|
|
Thence N 20 E with the road and survey lines, about 0.1 miles |
|
|
to another bend in the road. |
|
|
Thence S 70 E about 0.6 miles and with the road to a bend. |
|
|
Thence N 20 E about 0.1 miles with the road, to another bend. |
|
|
Thence S 70 E about 1.0 miles to a crossroad. |
|
|
Thence S 20 W about 0.1 miles to a crossroad. |
|
|
Thence S 70 E at about 0.6 miles cross the East line of the J. |
|
|
Branham Survey and the West line of the William Newland Survey, in |
|
|
all about 0.9 miles to a bend. |
|
|
Thence N 20 E with the road about 0.6 miles to a bend. |
|
|
Thence S 70 E with the road about 0.1 miles to the East ROW |
|
|
line of the M K & T Railroad running between Bartlett and Holland, |
|
|
Texas. |
|
|
Thence Northerly with the ROW line cross the Newland Survey, |
|
|
and across the Lucian Barney Survey, to the point where said ROW |
|
|
line crosses the North line of the Barney Survey and the South line |
|
|
of the James B. Wills Survey. |
|
|
Thence S 70 E with the South line of the J. B. Wills and the |
|
|
George Allen Surveys, to the S E corner of the George Allen Survey. |
|
|
Thence N 20 E with the East lines of the George Allen and the |
|
|
J D Sholl Surveys, to the point where the center of F-M Road running |
|
|
from just South of Holland through Vilas, crosses the East line of |
|
|
the Sholl Survey. |
|
|
Thence with the center of said road, in an easterly |
|
|
direction, passing through Vilas, to the East line of Bell County, |
|
|
the West line of Milam County, Texas. |
|
|
Thence N 20 E with the County lines, to the point where said |
|
|
line is crossed by Little River. |
|
|
Thence in an Easterly and Southeasterly direction with the |
|
|
River after about 6 miles a fork in the River bed, follow the new |
|
|
channel, after about 6 miles more the new channel rejoins the old |
|
|
channel, continue with old channel about 1 mile more to the POINT OF |
|
|
BEGINNING. |
|
|
SECTION 2.07. Section 1, Chapter 398, Acts of the 51st |
|
|
Legislature, Regular Session, 1949, is amended to read as follows: |
|
|
Sec. 1. The Duval County Conservation and Reclamation |
|
|
District consists [Under and pursuant to the provisions of Article
|
|
|
16, Section 59, of the Constitution of Texas, there is hereby
|
|
|
created within the State of Texas, in addition to the districts into
|
|
|
which the state has heretofore been divided, a conservation and
|
|
|
reclamation district to be known as the Duval County Conservation
|
|
|
and Reclamation District, hereinafter sometimes referred to as the
|
|
|
"District," and consisting] of that part of the State of Texas which |
|
|
is included within the boundaries of Duval County, exclusive of |
|
|
that part of Duval County comprising the Freer Water Control and |
|
|
Improvement District, of Duval County, and including that part of |
|
|
Jim Wells County within the corporate limits of the City of San |
|
|
Diego, Texas. |
|
|
SECTION 2.08. Section 1, Chapter 613, Acts of the 59th |
|
|
Legislature, Regular Session, 1965, is amended to read as follows: |
|
|
Sec. 1. The [Under and pursuant to the provisions of Section
|
|
|
59 of Article XVI, Constitution of Texas, a conservation and
|
|
|
reclamation district is hereby created and incorporated in
|
|
|
Galveston County, Texas, to be known as "Flamingo Isles Municipal
|
|
|
Utility District of Galveston County, Texas," hereinafter referred
|
|
|
to as the "District," and the] boundaries of the Flamingo Isles |
|
|
Municipal Utility District of Galveston County, Texas, [said
|
|
|
District] shall be as follows: |
|
|
All that certain tract of land situated wholly within |
|
|
Galveston County, Texas, and being a part of the James Spillman |
|
|
League, Abstract #175, part of the Arthur Burke Survey, Abstract |
|
|
#25, part of the J. Butler Survey #16, Abstract #194, part of the J. |
|
|
Butler Survey #18, Abstract #196, all of the J. Butler Survey #17, |
|
|
Abstract #195 and all of the R. M. Brackenridge Survey, Abstract No. |
|
|
38, the boundaries of the herein described tract being more fully |
|
|
described as follows, to wit: |
|
|
BEGINNING at a point where the Westerly line of said James |
|
|
Spillman League intersects the Southerly line of that certain tract |
|
|
of land conveyed to the G. C. & S. F. Railroad by deed of record in |
|
|
Vol. 387, Page 117, in said County Clerk's office; |
|
|
THENCE, in an Easterly direction along the Southerly line of |
|
|
said G. C. & S. F. property to its most Southerly corner; |
|
|
THENCE, in a Northerly direction along its most Easterly line |
|
|
to the Southerly line of the G. C. & S. F. Railroad right of way; |
|
|
THENCE, in an Easterly direction along the Southerly line of |
|
|
said right of way to the most Northerly corner of a subdivision |
|
|
known as West Galveston, out of said James Spillman League, map of |
|
|
said Subdivision being of record in Vol. 92, Page 470, in said |
|
|
County Clerk's office; |
|
|
THENCE, in a general Southerly direction along the Westerly |
|
|
line of said Subdivision to its West corner; |
|
|
THENCE, in a Southeasterly direction along the Southerly line |
|
|
of said Subdivision passing the shore line of Galveston Bay and |
|
|
continuing on same course to the intersection with the |
|
|
Southeasterly line of said James Spillman League; |
|
|
THENCE, in a general Southwesterly direction along the |
|
|
Southeast line of said League to the most Easterly corner of said R. |
|
|
M. Brackenridge Survey; |
|
|
THENCE, in a general Southwesterly direction along the |
|
|
Southeasterly line of said Brackenridge Survey to its most |
|
|
Southerly corner; |
|
|
THENCE, in a Westerly direction along the most Southerly line |
|
|
of said Brackenridge Survey to its most Westerly corner; |
|
|
THENCE, in a general Northerly direction along the Westerly |
|
|
line of said Brackenridge Survey, same being the Easterly line of |
|
|
the L. T. Yowell Survey, Abstract 216, to the most Northerly corner |
|
|
of said Brackenridge Survey, same being the most Easterly corner of |
|
|
said Yowell Survey and on the Southerly line of said Spillman |
|
|
League; |
|
|
THENCE, in a general Westerly direction along the Southerly |
|
|
line of said Spillman League, same being the Northerly line of said |
|
|
Yowell Survey to the Southwesterly corner of said Spillman League, |
|
|
same being the Northwest corner of said Yowell Survey and on the |
|
|
Easterly line of the J. Butler Survey #17, same being on the |
|
|
Easterly line of a tract of land conveyed to John W. Mecom by deed of |
|
|
record in Vol. 1537, Page 521, in said County Clerk's office; |
|
|
THENCE, in a general Southerly direction along the Easterly |
|
|
line of said J. Butler Survey #17 to its Southeast corner, same |
|
|
being the Northeast corner of the Maco Stewart Survey Abstract |
|
|
#666; |
|
|
THENCE, in a general Westerly direction along the Southerly |
|
|
line of the J. Butler Survey #17 and the J. Butler Survey #18 and |
|
|
along the Northerly line of said Maco Stewart Survey to the |
|
|
Southwesterly corner of the J. Butler Survey #18 same being the |
|
|
Southeasterly corner of the Wm. Rhodes Survey, Abstract 171, same |
|
|
being the Southwesterly corner of the aforesaid John W. Mecom |
|
|
Tract; |
|
|
THENCE, in a general Northerly direction along the West line |
|
|
of said J. Butler Survey #18 same being the Easterly line of said |
|
|
Wm. Rhodes Survey to a re-entrant corner of said John W. Mecom |
|
|
Tract; |
|
|
THENCE, in an Easterly direction along said Mecom Tract to |
|
|
another re-entrant corner in the J. Butler Survey #18; |
|
|
THENCE, in a general Northerly direction along the Westerly |
|
|
line of said Mecom Tract passing the Northerly line of the J. Butler |
|
|
Survey #18 same being the Southerly line of the J. Butler Survey #16 |
|
|
and continuing along the Westerly line of said Mecom Tract to the |
|
|
Southerly line of the Thomas Toby Survey, Abstract #193 same being |
|
|
another re-entrant corner in said John W. Mecom Tract; |
|
|
THENCE, in a general Easterly direction along the Southerly |
|
|
line of said Toby Survey to its Southeast corner same being another |
|
|
re-entrant corner of said Mecom Tract; |
|
|
THENCE, in a Northerly direction along the Easterly line of |
|
|
said Thomas Toby Survey and along a Westerly line of the J. Butler |
|
|
Survey #16 to the Southwesterly corner of the Arthur Burke Survey, |
|
|
Abstract #26 same being the most Northerly corner of said Mecom |
|
|
Tract; |
|
|
THENCE, in a general Easterly direction along the Southerly |
|
|
line of said Arthur Burke Survey, Abstract #26 and along the |
|
|
Northerly line of said Butler Survey #16 same being a Northerly line |
|
|
of said Mecom Tract to the Southeast corner of said Arthur Burke |
|
|
Survey, Abstract #25 being another re-entrant corner of said Mecom |
|
|
Tract and a re-entrant of said J. Butler Survey #16; |
|
|
THENCE, in a Southerly direction along the Westerly line of |
|
|
said Arthur Burke Survey, Abstract #25 and along a line in the J. |
|
|
Butler Survey #16 to the Southwest corner of said Arthur Burke |
|
|
Survey, Abstract #25 same being a re-entrant corner in said Mecom |
|
|
Tract and also a reentrant corner of the J. Butler Survey #16; |
|
|
THENCE, in a general Easterly direction along the Southerly |
|
|
line of said Arthur Burke Survey, Abstract #25 and along the |
|
|
Northerly line of said J. Butler Survey #16 same being along the |
|
|
most Southerly Northerly line of said Mecom Tract to the Northeast |
|
|
corner of said J. Butler Survey #16 same being the Southeasterly |
|
|
corner of said Arthur Burke Survey, Abstract #25, and being the |
|
|
Northeast corner of aforementioned Mecom Tract and on the Westerly |
|
|
line of the James Spillman League; |
|
|
THENCE, in a general Northerly direction along the West line |
|
|
of said James Spillman League and the Easterly line of the Arthur |
|
|
Burke Survey, Abstract #25 to the place of beginning. |
|
|
SECTION 2.09. Section 2, Chapter 268, Acts of the 53rd |
|
|
Legislature, Regular Session, 1953, is amended to read as follows: |
|
|
Sec. 2. The [District shall be situated in Wise County,
|
|
|
Texas, and the] boundaries of the Wise County Water Supply District |
|
|
[thereof] shall be as follows: |
|
|
BEGINNING At a point in the original South Boundary Line of |
|
|
said City of Decatur, Texas, which point is 1 mile South of the |
|
|
center of the Public Square in Decatur, Texas, an iron pipe about 2 |
|
|
feet long, about 6 inches above the ground, a mesquite tree bears |
|
|
North 50 1/2° West 82'; |
|
|
THENCE East with the original South line of the City Limits of |
|
|
Decatur, Texas to the East Boundary Line of the Samuel Perrin |
|
|
Survey, Abstract No. 684, and the West Boundary Line of the A. J. |
|
|
Walker Survey, Abst. No. 860; |
|
|
THENCE South 1° 31' West of the West Boundary Line of said |
|
|
Walker Survey and East Boundary Line of said Perrin Survey to the |
|
|
Northeast Right of Way Line of U.S. Highway 81-287 as now located; |
|
|
THENCE Southeasterly with said Right of Way to the South |
|
|
Boundary Line of said A. J. Walker Survey; |
|
|
THENCE West with the South Boundary Line of said A. J. Walker |
|
|
Survey to its intersection with the East Right of Way Line of State |
|
|
Highway F.M. 730 as now located; |
|
|
THENCE Southerly with the East Right of Way Line of said |
|
|
Highway F.M. 730 to its intersection with the East Boundary Line of |
|
|
the A. G. Harris Survey, Abstract No. 375; |
|
|
THENCE South with the East Boundary Line of said A. G. Harris |
|
|
Survey to the South Boundary Line of same, being the South Boundary |
|
|
Line of the Valley View Acres Subdivision according to the recorded |
|
|
plat thereof; |
|
|
THENCE West with the South Boundary Line of said Valley View |
|
|
Acres Subdivision and said A. G. Harris Survey, to the Southwest |
|
|
corner of said Subdivision, in the center of a creek; |
|
|
THENCE with the meanderings of said creek as follows: |
|
|
North 6° 7' West 87.3 feet; |
|
|
North 46° 55' East 189 feet; |
|
|
North 53° 55' East 230.4 feet; |
|
|
South 88° 44' East 176.3 feet; |
|
|
North 63° 42' East 187.1 feet; |
|
|
North 62° East 182 feet; |
|
|
THENCE South 38° 58' East 69.5 feet to a corner; |
|
|
THENCE South 81° 04' East 30' to a 2" iron stake in old fence |
|
|
line; |
|
|
THENCE North 34° 04' West 151.2 feet to a stake on the bank of |
|
|
a creek; |
|
|
THENCE North 13° 19' East 53 feet to a stake on the bank of a |
|
|
creek; |
|
|
THENCE North 50° 55' East 275 feet to the North corner of a |
|
|
1.88 acre tract in said Harris Survey in the West Right of Way Line |
|
|
of State Highway F M 730; |
|
|
THENCE North with said Right of Way Line 64' to the Southeast |
|
|
corner of a 1 acre tract conveyed to E. H. McDaniel by deed recorded |
|
|
in Volume 208, Page 256, Deed Records of Wise County, Texas; |
|
|
THENCE West with the South Line of said 1 acre tract 100' to |
|
|
its Southwest corner, a stake in the East Bank of a creek; |
|
|
THENCE Northeasterly with the meanderings of said creek to |
|
|
the North Boundary Line of said 1 acre tract; |
|
|
THENCE East 49' to the Northeast corner of said 1 acre tract, |
|
|
in the West Right of Way Line of State Highway F M 730; |
|
|
THENCE Northerly with the West Right of Way Line of said State |
|
|
Highway F M 730 to its intersection with the South Boundary Line of |
|
|
the A. J. Walker Survey, Abstract No. 860; |
|
|
THENCE West with the South Boundary Line of said Walker |
|
|
Survey to its Southwest corner, being the Southeast corner of the |
|
|
Samuel Perrin Survey, Abstract No. 684; |
|
|
THENCE North 1° 31' East with the East Boundary Line of said |
|
|
Perrin Survey and West Boundary Line of said Walker Survey to the |
|
|
Southwest Right of Way Line of said U. S. Highway 81-287; |
|
|
THENCE Northwesterly with said Right of Way to its |
|
|
intersection with the original South City Limits Line of said City |
|
|
of Decatur; |
|
|
THENCE West with the original South City Limits Line of said |
|
|
City of Decatur to the East Right of Way Line of State Highway FM 51, |
|
|
as now located; |
|
|
THENCE Southwesterly with said Right of Way Line to its |
|
|
intersection with the North Boundary Line of a 310 acre tract out of |
|
|
the Samuel Isaacs Survey Abst. No. 454, conveyed to Wise County, |
|
|
Texas by deed of record in Volume 6, Page 4, of the Deed Records of |
|
|
Wise County, Texas; |
|
|
THENCE East with the North Boundary Line of said 310 acre |
|
|
tract to its Northeast corner, being the Northeast corner of said |
|
|
Isaacs Survey; |
|
|
THENCE South 1645 varas with the East Line of said 310 acre |
|
|
tract to its Southeast corner; |
|
|
THENCE West with the South Line of said 310 acre tract 1066 |
|
|
varas to its Southwest corner, a stake from which a B. J. bears |
|
|
North 10° West 7 1/2 varas; |
|
|
THENCE North with the East Boundary Line of said 310 acre |
|
|
tract to the Southwest corner of a 76 acre tract in said Isaacs |
|
|
Survey conveyed to G. R. Lipsey, Sr., by deed of record in Volume |
|
|
214, Page 566, Deed Records of Wise County, Texas; |
|
|
THENCE North 85° East, 42 varas to a corner in the West Right |
|
|
of Way Line of said State Highway FM 51; |
|
|
THENCE Northeasterly with the West Right of Way Line of said |
|
|
State Highway F M 51 to its intersection with the original South |
|
|
City Limits Line of said City of Decatur; |
|
|
THENCE West with said original South City Limits Line to the |
|
|
original Southwest corner of said City of Decatur; |
|
|
THENCE North with the original West City Limits Line of the |
|
|
City of Decatur to its intersection with the South Line of a 100 |
|
|
acre tract in the D. Moses Survey, Abstract No. 537 described in |
|
|
deed to Coke L. Gage recorded in Volume 204, Page 244, of the Deed |
|
|
Records of Wise County, Texas; |
|
|
THENCE West with the South Line of said Coke L. Gage 100 acre |
|
|
tract 747 varas to its Southwest corner; |
|
|
THENCE North 950 varas to the Northwest corner of said 100 |
|
|
acre tract in the South Right of Way Line of said State Highway No. |
|
|
24; |
|
|
THENCE West with the South Right of Way Line of said State |
|
|
Highway No. 24 to a point due South of the most Easterly Southwest |
|
|
corner of an 84 acre tract in the J. H. Moore Survey, Abstract No. |
|
|
538, described as FIRST TRACT in deed to C. L. Gage recorded in |
|
|
Volume 208, Page 354, Deed Records of Wise County, Texas; |
|
|
THENCE North crossing said State Highway No. 24, continuing |
|
|
with the most Easterly West Line of said 84 acre tract to an inward |
|
|
corner of same, said point being 225 varas North of the North Right |
|
|
of Way Line of said Highway; |
|
|
THENCE West 150 varas to the most Westerly Southwest corner |
|
|
of said 84 acre tract; |
|
|
THENCE North 682 varas to the Northwest corner of the said 84 |
|
|
acre tract; |
|
|
THENCE East with the North Line of said 84 acre tract and |
|
|
continuing East along the North Line of a 72 acre tract described as |
|
|
SECOND TRACT in Deed to C. L. Gage recorded in Volume 208, Page 354, |
|
|
Deed Records of Wise County, Texas, to the Northeast corner of said |
|
|
72 acre tract on the West boundary line of the G. M. Vigil Survey, |
|
|
Abst. No. 857; |
|
|
THENCE South with the West Boundary Line of said G. M. Vigil |
|
|
Survey to the Northwest corner of a 29.5 acre tract in said survey, |
|
|
described as THIRD TRACT in deed to C. L. Gage recorded in Volume |
|
|
208, Page 354, Deed Records of Wise County, Texas, a corner in |
|
|
center of a branch; |
|
|
THENCE Easterly with the meanderings of said branch to the |
|
|
Northeast corner of said 29.5 acre tract, in the West Boundary Line |
|
|
of the J. B. Williams Survey, Abst. No. 880; |
|
|
THENCE Easterly continuing with the meanderings of said |
|
|
branch to the Northeast corner of a 15.5 acre tract described as the |
|
|
FOURTH TRACT in deed to C. L. Gage, recorded in Volume 208, Page |
|
|
354, Deed Records of Wise County, Texas, being a point in the West |
|
|
Boundary Line of a 40 acre tract in said J. B. Williams Survey |
|
|
conveyed to J. H. Valcik by deed of record in Volume 170, Page 142, |
|
|
Deed Records of Wise County, Texas; |
|
|
THENCE North 40.0 varas to the Northwest corner of said J. H. |
|
|
Valcik 40 acre tract; |
|
|
THENCE East 171.47 varas to the Most Westerly Northeast |
|
|
corner of said 40 acre tract; |
|
|
THENCE South at 100 varas a branch at 133.2 varas an inward |
|
|
corner in said 40 acre tract; |
|
|
THENCE South 76° 39' East 254.52 varas to the Most Easterly |
|
|
Northeast corner of said 40 acre tract; |
|
|
THENCE South 217.6 varas to the Northwest corner of a 7 acre |
|
|
tract in said J. B. Williams Survey conveyed to T. F. Cook by deed of |
|
|
record in Volume 224, Page 419, Deed Records of Wise County, Texas; |
|
|
THENCE East with the North Line of said 7 acre tract and the |
|
|
North Line of a 2.5 acre tract in said Williams Survey conveyed to |
|
|
J. Sherman by deed of record in Vo. 242, Page 431, Deed Records of |
|
|
Wise County, Texas, a total distance of 239 varas to the Northeast |
|
|
corner of said 2.5 acre; |
|
|
THENCE North to the Northwest corner of a 9 acre tract in said |
|
|
J. B. Williams Survey conveyed to L. P. Cole by deed of record in |
|
|
Volume 208, Page 596, Deed Records of Wise County, Texas; |
|
|
THENCE East with the North Line of said 9 acre tract a |
|
|
distance of about 3 feet to the Original West City Limits Line of |
|
|
the City of Decatur; |
|
|
THENCE North with said Original West City Limits Line to the |
|
|
original Northwest corner of said City of Decatur, an iron pipe for |
|
|
corner, an elm tree bears South 75° West 30 1/2 feet; |
|
|
THENCE East with the original North City Limits Line of said |
|
|
City of Decatur, to its intersection with the center of the |
|
|
Decatur-Forestburg road, being now designated as State Highway FM |
|
|
730; |
|
|
THENCE Northerly with the center of said Highway to the |
|
|
Southwest corner of a 19.6 acre tract conveyed to J. N. Hinkle by |
|
|
deed of record in Volume 158, Page 317, Deed Records of Wise County, |
|
|
Texas; |
|
|
THENCE North 76° 39' East with South Line of said 19.6 acre |
|
|
tract 613.2 feet to a fence corner; |
|
|
THENCE North 2° 2' West 329.3 feet to a fence corner; |
|
|
THENCE South 79° 53' East 654.4 feet to a fence corner; |
|
|
THENCE North 12° 28' West 543.7 feet to the North line of a |
|
|
121.16 acre tract conveyed to the City of Decatur by deed of record |
|
|
in Volume 156, Page 24, Deed Records of Wise County, Texas; |
|
|
THENCE North 300' to a fence corner; |
|
|
THENCE East 280' to a fence corner; |
|
|
THENCE North 14° 20' East 751.3 feet to a corner in the South |
|
|
Boundary Line of the J. M. Birdwell Survey, Abst. No. 68, being in |
|
|
the South Boundary Line of the 80 acre Decatur Golf Club tract; |
|
|
THENCE West with the South Boundary Line of said J. M. |
|
|
Birdwell Survey to its Southwest corner; |
|
|
THENCE North 475 varas to the Northwest corner of said |
|
|
Decatur Golf Club 80 acre tract; |
|
|
THENCE East 950 varas to the Northeast corner of said Decatur |
|
|
Golf Club tract, in the East Boundary Line of said J. M. Birdwell |
|
|
Survey; |
|
|
THENCE South with the East Boundary Line of said J. M. |
|
|
Birdwell Survey 475 varas to its Southeast corner; |
|
|
THENCE West with the South Boundary Line of said J. M. |
|
|
Birdwell Survey, to the most Northerly Northeast corner of the |
|
|
Decatur Municipal Airport; |
|
|
THENCE South 1028' with the East Boundary Line of said |
|
|
Decatur Airport tract to an inward corner of same; |
|
|
THENCE East 364.2 feet to the Northeast corner of a 121.16 |
|
|
acre tract conveyed to the City of Decatur by deed of record in |
|
|
Volume 156, Page 24, Deed Records of Wise County, Texas; |
|
|
THENCE South 1597.2 feet to the North Boundary Line of the R. |
|
|
J. Lindley Survey, Abst. No. 1201, and the South Boundary Line of |
|
|
the J. M. Birdwell Survey, Abst. No. 67; |
|
|
THENCE East 18' to the center of the Decatur Cemetery Road; |
|
|
THENCE With the center of said road South 33° West 450' to a |
|
|
corner; |
|
|
THENCE West 333.3 feet to a fence corner; |
|
|
THENCE South 133.3 feet with fence line to the Northeast |
|
|
corner of the N. H. Munger Survey, Abst. No. 581; |
|
|
THENCE West with the North Boundary Line of said N. H. Munger |
|
|
Survey to its intersection of the East Right of Way Line of State |
|
|
Highway FM 730; |
|
|
THENCE South with said Right of Way Line to the original North |
|
|
City Limits Line of said City of Decatur; |
|
|
THENCE East with said original North City Limits Line to the |
|
|
original Northeast corner of said City of Decatur; |
|
|
THENCE South with the original East City Limits Line of said |
|
|
City of Decatur 10560 feet to an iron pipe for the original |
|
|
Southeast corner of said City of Decatur, a railroad crossing sign |
|
|
bears South 7° West 247 feet; |
|
|
THENCE West with the original South City Limits Line of the |
|
|
City of Decatur to the place of beginning. |
|
|
[It is hereby found that all land thus included in said
|
|
|
District will be benefited by the improvements to be acquired and
|
|
|
constructed by said District.] |
|
|
SECTION 2.10. Section 1, Chapter 198, Acts of the 53rd |
|
|
Legislature, Regular Session, 1953, is amended to read as follows: |
|
|
Sec. 1. [Under and pursuant to the provisions of Article 16,
|
|
|
Section 59 of the Constitution, a conservation and reclamation
|
|
|
district is hereby created and incorporated in Medina County,
|
|
|
Texas, to be known as Medina County Water Control and Improvement
|
|
|
District No. 2, hereinafter sometimes referred to as the
|
|
|
"District."] The boundaries of the Medina County Water Control and |
|
|
Improvement District No. 2 [thereof] shall be as follows: |
|
|
BEGINNING at a point in the east line of Survey No. 438, |
|
|
Joseph McGinnis, which point is south 6276 feet from the northeast |
|
|
corner of said Survey No. 438; |
|
|
THENCE, West 1559 feet to a reentrant corner; |
|
|
THENCE, North 2670 feet to a corner; |
|
|
THENCE, West 1735 feet to a corner; |
|
|
THENCE, South 1476 feet to a reentrant corner; |
|
|
THENCE, West 1386 feet to a corner; |
|
|
THENCE, South 1122 feet to a reentrant corner; |
|
|
THENCE, West 812 feet to a corner; |
|
|
THENCE, South 45° west 1016 feet to a point in the south |
|
|
right-of-way line of the old Eagle Pass Road; |
|
|
THENCE, South 300 feet to a corner; |
|
|
THENCE, North 80° 30' east 770 feet to a reentrant corner; |
|
|
THENCE, South 2320.6 feet to a corner, the southwest corner |
|
|
of the District; |
|
|
THENCE, East 5620 feet to a corner, the extreme southeast |
|
|
corner of the District; |
|
|
THENCE, North 1690 feet to a reentrant corner; |
|
|
THENCE, East 370 feet to a corner; |
|
|
THENCE, North 450 feet to a reentrant corner; |
|
|
THENCE, East 1914 feet to a corner; |
|
|
THENCE, North 610 feet to a point in the north line of Survey |
|
|
No. 441, D. C. Burnett; |
|
|
THENCE, West 1120 feet with the north line of said Survey No. |
|
|
441, D. C. Burnett; |
|
|
THENCE, North 390 feet to a corner; |
|
|
THENCE, West 1333 feet to the point of beginning; containing |
|
|
approximately 608 acres. |
|
|
SECTION 2.11. Section 1, Chapter 324, Acts of the 57th |
|
|
Legislature, Regular Session, 1961, is amended to read as follows: |
|
|
Sec. 1. The Rio Grande Palms Water District [Under and
|
|
|
pursuant to the provisions of Article XVI, Section 59, of the
|
|
|
Constitution, a conservation and reclamation district within
|
|
|
Cameron County, Texas, is hereby created and incorporated, to be
|
|
|
known as "Rio Grande Palms Water District," hereinafter sometimes
|
|
|
referred to as the "District." Said District] is situated within |
|
|
the Espiritu Santo and San Pedro de Carricitos Grants of land in |
|
|
Cameron [said] County. The boundaries thereof are as follows: |
|
|
BEGINNING at the Northeast corner of what is commonly known |
|
|
as Noriega Tract out of Share No. One, Espiritu Santo Grant, Cameron |
|
|
County, Texas, said corner being the intersection of the East line |
|
|
of the said Share No. One with the centerline of 80.0 feet Iowa |
|
|
Gardens County Road, for the Northeast corner of the tract herein |
|
|
described; |
|
|
THENCE, with the North line of said Noriega Tract and the said |
|
|
centerline of Iowa Gardens Road, N 80 deg 41 min 30 sec W 4037.9 feet |
|
|
to the Northwest corner of said Noriega Tract and the Northeast |
|
|
corner of Lot 1, Block 1, Barreda Gardens Subdivision; |
|
|
THENCE, along the centerline of said Iowa Gardens Road, along |
|
|
the North line of said Block 1, N 80 deg 44 min W 2811.1 feet to the |
|
|
Northwest corner of said Block 1 and the Northeast corner of Block |
|
|
2, Barreda Gardens Subdivision; |
|
|
THENCE, along the centerline of said Iowa Gardens Road, along |
|
|
the North line of said Block 2, N 80 deg 44 min W 3731.3 feet |
|
|
(recorded map shows 3735.3 feet) to the Northwest corner of said |
|
|
Block 2 and the Northeast corner of Block 3, Barreda Gardens |
|
|
Subdivision; |
|
|
THENCE, along the centerline of said Iowa Gardens Road, along |
|
|
the North line of said Block 3, N 80 deg 33 min W 5110.1 feet |
|
|
(recorded map call for 5113.2 feet) to the Northwest corner of Block |
|
|
3 and the Northeast corner of a 196.8 acre tract out of the Northern |
|
|
part of what is commonly called the Sams-Porter Tract in San Pedro |
|
|
de Carricitos Grant, Cameron County, Texas; |
|
|
THENCE, along the centerline of said Iowa Gardens Road, along |
|
|
the North line of the Sams-Porter Tract, N 80 deg 52 min W 2343.8 |
|
|
feet to the Northwest corner of the said 196.8 acre tract, for the |
|
|
Northwest corner of this tract; |
|
|
THENCE, along the West line of said Sams-Porter Tract, along |
|
|
the West line of said 196.8 acre Tract, S 9 deg 41 min W 2711.5 feet |
|
|
to an intersection with the centerline of 100 ft. State Highway No. |
|
|
4 for a corner; |
|
|
THENCE, running 100 feet perpendicularly distance from and |
|
|
parallel to the centerline of the St. Louis, Brownsville and Mexico |
|
|
railroad with the centerline of 100 ft State Highway No. 4, S 45 deg |
|
|
30 min E 2045.8 feet to the beginning of a curve to the right having |
|
|
a radius of 5830.0 feet and a central angle of 10°-03 1/2' and whose |
|
|
chord is S 40° 28' 15" East 1022.1 ft.; |
|
|
THENCE, with said curve 1023.5 feet to the intersection with |
|
|
west line of Barreda Gardens Subdivision, same being the division |
|
|
line between the San Pedro de Carricitos and the Espiritu Santos |
|
|
Grants; |
|
|
THENCE, along the west line of the Barreda Gardens |
|
|
Subdivision, N 8 deg 10 min 30 sec E 73.3 feet to a point on the |
|
|
Northeast right of way of the 100 ft State Highway No. 4 for a |
|
|
corner; |
|
|
THENCE, along the Northeast right of way line of 100 ft. State |
|
|
Highway No. 4, S 35 deg 00 min E 3692.2 feet to the northwest corner |
|
|
of the Barreda Townsite; |
|
|
THENCE, along the northeast right of way line of 100 ft. State |
|
|
Highway No. 4, S 35 deg 00 min E 3833.2 feet to the beginning of a |
|
|
curve to the right with a central angle of 3 deg 05 min and a radius |
|
|
of 5879.5 feet and whose chord is S 33° 27' 30" East 316.3 feet; |
|
|
THENCE, with said curve a distance of 316.4 feet to end of |
|
|
said curve; |
|
|
THENCE, along the northeast right of way line of 100 ft State |
|
|
Highway No. 4, S 31 deg 55 min E 2123.8 feet to the Westernmost |
|
|
corner of Lot 35, Block 9, Barreda Gardens Subdivision; |
|
|
THENCE, along the Northeast right of way line of 100 ft State |
|
|
Highway No. 4, along the Southwest line of Lots 35, 37, 38, 39, 40, |
|
|
and 41, Block 9, Barreda Gardens Subdivision, S 31 deg 55 min E |
|
|
669.0 feet to a point for a corner, said point being N 31 deg 55 min |
|
|
W 45.0 feet from the Southernmost corner of Lot 41; |
|
|
THENCE, crossing State Highway No. 4 and said railroad, S 58 |
|
|
deg 05 min W 200.0 ft. to a point on the southwest right of way line |
|
|
of said railroad, 50.0 feet perpendicularly from its centerline, |
|
|
said point being N 31 deg 55 min W 45.0 feet from the easternmost |
|
|
corner of Lot 52, Block 10, Barreda Gardens Subdivision; |
|
|
THENCE, along the northeast line of Lots 52 and 51, Block 10, |
|
|
N 31 deg 55 min W 155.0 feet to the northernmost corner of Lot 51; |
|
|
THENCE, along the line between Lots 51 and 50, S 58 deg 05 min |
|
|
W 217.8 feet; |
|
|
THENCE, S 31 deg 55 min E 800.0 feet to a point on the line |
|
|
between Lots 58 and 59, Block 10; |
|
|
THENCE, along the line between Lots 58 and 59, S 58 deg 05 min |
|
|
W 217.8 feet to the southernmost corner of Lot 58 and the |
|
|
westernmost corner of Lot 59; |
|
|
THENCE, along the northeast line of Lot 1, Block 10, N 31 deg |
|
|
55 min W 66.3 feet to a point for a corner; |
|
|
THENCE, 150 feet perpendicularly from the southeast and south |
|
|
lines of Lot 1, Block 10, S 58 deg 05 min W 673.2 feet and N 82 deg 30 |
|
|
min W 342.7 feet to a point on the line between Lot 1 and Lot 38, |
|
|
Block 10; |
|
|
THENCE, along the line between Lot 1 and Lot 38, S 31 deg 55 |
|
|
min E 135.9 feet to a point for a corner; |
|
|
THENCE, 45.0 feet perpendicularly north of and parallel to |
|
|
the south line of Lot 38, N 82 deg 30 min W 965.0 feet to a point for |
|
|
a corner; |
|
|
THENCE, 45.0 feet perpendicularly east of and parallel to the |
|
|
west line of Lot 38, N 7 deg 30 min E 45.0 feet to a point for a |
|
|
corner; |
|
|
THENCE, 90.0 feet perpendicularly north of and parallel to |
|
|
the south line of Lot 38, Block 10, Lots 16 and 15, Block 11, N 82 |
|
|
deg 30 min W, at 45.0 feet the east line of Lot 16, a total distance |
|
|
of 1980.0 feet to a point for a corner; |
|
|
THENCE, 45.0 feet perpendicularly east of and parallel to the |
|
|
west line of Lot 15, N 7 deg 30 min E 615.0 feet to a point for a |
|
|
corner; |
|
|
THENCE, N 82 deg 30 min W 9.9 feet to a point on the line |
|
|
between Lots 15 and 7 to a point for a corner; |
|
|
THENCE, along the line between Lots 15 and 7, N 45 deg 27 min E |
|
|
101.4 feet to a point for a corner; |
|
|
THENCE, 125.0 feet perpendicularly north of and parallel to |
|
|
the south line of Lots 7, 8 and 9, Block 11, Barreda Gardens |
|
|
Subdivision, N 82 deg 30 min W, at 757.5 feet the west line of Lot 7, |
|
|
a total distance of 2077.5 feet to a point on the west line of Lot 9 |
|
|
and the east line of Lot 10; |
|
|
THENCE, along the line between Lots 9 and 10, S 7 deg 30 min W |
|
|
80.0 feet to a point for a corner; |
|
|
THENCE, 45.0 feet perpendicularly north of and parallel to |
|
|
the south line of Lots 10 and 71, N 82 deg 30 min W 1066.5 feet to a |
|
|
point on the west line of Lot 71, Block 11, for a corner; |
|
|
THENCE, along the west line of Lot 71, S 24 deg 13 min W 47.0 |
|
|
feet to the southwest corner of Lot 71 and the northwest corner of |
|
|
Lot 70; |
|
|
THENCE, along the west lines of Lot 70, S 37 deg 16 min W 460.8 |
|
|
feet and S 8 deg 10 min 30 sec W 260.0 feet to the southwest corner |
|
|
of Lot 70 and the northwest corner of Lot 69; |
|
|
THENCE, along the West line of Barreda Gardens Subdivision, S |
|
|
8 deg 10 min 30 sec W, at 6600.4 the southwest corner of Block 11 and |
|
|
the northwest corner of Block 12 of said subdivision, at 14,520.8 |
|
|
the southwest corner of Lot 42, Block 12 and the northwest corner of |
|
|
Lot 66, Block 12, a total distance of 16,368.5 feet to the southwest |
|
|
corner of Lot 66, Block 12; |
|
|
THENCE, along the south lines of Lot 66, and Lot 65C Block 12, |
|
|
S 21 deg 02 min E 196.7 feet, S 51 deg 00 min 30 sec E 152.0 feet and |
|
|
S 63 deg 25 min 30 sec E 349.0 feet to a point that is 100.0 feet from |
|
|
the centerline of the Main Canal on the north bank of the Resaca del |
|
|
Rancho Viejo; |
|
|
THENCE, crossing said resaca, 100.0 feet perpendicularly |
|
|
west of the centerline of the Main Canal flume, S 8 deg 03 min W |
|
|
132.9 feet to the northwest corner of Lot 8, Block 15, Barreda |
|
|
Gardens Subdivision; |
|
|
THENCE, along the west line of Lot 8, Block 15, 100.0 feet |
|
|
perpendicularly west of the centerline of the Main Canal, S 7 deg 57 |
|
|
min 30 sec W 1496.4 feet to the Southwest corner of Lot 8 and the |
|
|
northwest corner of Lot 9, Block 15; |
|
|
THENCE, along the west line of Lots 9, 10, 23 and 24, Block |
|
|
15, S 8 deg 10 min 06 sec W, 2435.2 feet to the westernmost corner of |
|
|
said Lot 24; |
|
|
THENCE, along the northeast right of way line of an abandoned |
|
|
railroad, along the southwest lines of Lot 24, Block 15, Lots 25, 3, |
|
|
4, 9, 8, 19, 20, 29, 28, and 35, Block 16 S 10 deg 44 min 31 sec E a |
|
|
distance of 6670.2 to a point for a corner; |
|
|
THENCE, S 79 deg 15 min 29 sec W, at 100.0 feet the east line |
|
|
of Lot 36, Block 16, and continuing 200.0 feet perpendicularly |
|
|
south of and parallel to the north line of Lot 36, a total distance |
|
|
of 866.0 feet to a point on the west line of Lot 36; |
|
|
THENCE, along the west line of Lot 36, S 10 deg 31 min 07 sec E |
|
|
209.2 feet to the southwest corner of Lot 36; |
|
|
THENCE, along the south line of Lot 36, and the south line of |
|
|
Lot 35, S 82 deg 30 min E at 814.0 feet the southeast corner of Lot |
|
|
36, at 920.5 feet the southwest corner of Lot 35, a total distance |
|
|
of 1154.7 feet to a point for a corner; |
|
|
THENCE, in Santander Townsite, 100.0 ft. perpendicularly |
|
|
West of the centerline of Main Canal S 15 deg 27 min E 71.2 feet to |
|
|
the beginning of a curve to the left with a central angle of 15 deg |
|
|
12 min and a radius of 1532.5 feet and whose chord is S 23° 03' East |
|
|
405.4 feet; |
|
|
THENCE, along the arc of said curve, a distance of 406.5 feet |
|
|
to the end of said curve; |
|
|
THENCE, S 30 deg 39 min E, 100.0 feet perpendicularly from the |
|
|
centerline of Main Canal, a distance of 1216.8 feet to a point for a |
|
|
corner; |
|
|
THENCE, 100.0 feet perpendicularly west of the Main Canal |
|
|
siphon, S 9 deg 01 min E, at 17.8 feet the south line of Santander |
|
|
Townsite and the North line of the Cameron County Floodway, a total |
|
|
distance of 622.4 feet to a point for a corner; |
|
|
THENCE, S 30 deg 10 min E, at 17.6 feet the Northwest corner |
|
|
of Lot 5, Block 18, Barreda Gardens Subdivision, along the east line |
|
|
of Lots 5, 6, 9, 10, 13, 14, 15, 16 and 17, Block 18, a total |
|
|
distance of 5784.0 feet to the beginning of a curve to the right |
|
|
with a central angle of 90 deg and a radius of 711.3 feet and whose |
|
|
chord is S 14° 50' west 1005.9 feet; |
|
|
THENCE, along the arc of said curve, along the east line of |
|
|
Lot 17 and the south line of Lot 18, a distance of 1117.3 feet to the |
|
|
end of said curve; |
|
|
THENCE, along the south line of Lot 18, S 59 deg 50 min W at |
|
|
996.6 feet the southwest corner of Lot 18, and the east line of the |
|
|
Military Highway, a total distance of 1079.1 feet to the west line |
|
|
of the Military Highway; |
|
|
THENCE, along the West line of the Military Highway, in a |
|
|
northerly direction along the arc of a curve to the right with a |
|
|
radius of 995.4 feet and whose chord is North 15° 18' 05" West 47.6 |
|
|
feet, a distance of 47.6 feet to the northernmost corner of the |
|
|
Settling Basin tract as shown on the Barreda Gardens Subdivision; |
|
|
THENCE, S 52 deg 37 min W 816.6 feet, S 54 deg 17 min W 1046.8 |
|
|
feet, S 31 deg 09 min E 1513.6 feet, S 39 deg 20 min 30 sec E 727.5 |
|
|
feet and S 7 deg 36 min W 1228.5 feet to a point on the bank of the |
|
|
Rio Grande River; |
|
|
THENCE, along the bank of the Rio Grande, N 70 deg 43 min E, at |
|
|
224.2 feet the southwest corner of a 1.36 acre tract, at 504.5 feet |
|
|
the south corner of Lot 28, Block 18, a total distance of 692.6 feet |
|
|
and N 65 deg 23 min E 605.4 feet to a point for a corner; |
|
|
THENCE, N 7 deg 28 min E 741.5 feet, N 87 deg 54 min E 548.0 |
|
|
feet and N 8 deg 10 min E 124.8 feet to a point in the south line of |
|
|
Lot 23, Block 18, for a corner; |
|
|
THENCE, along the south line of Lots 23 and 24, Block 18, S 86 |
|
|
deg 50 min 30 sec W 1495.8 feet to the southwest corner of Lot 24; |
|
|
THENCE, along the southwest lines of Lots 25, 26, and 27, N 39 |
|
|
deg 20 min 30 sec W 800.0 feet, N 31 deg 09 min W 760.9 feet to the |
|
|
beginning of a curve to the right with a central angle of 87 deg 09 |
|
|
min and a radius of 600.1 feet and whose chord is North 12 deg 25 min |
|
|
30 sec East 827.2 feet; |
|
|
THENCE, along the arc of said curve, along the west line of |
|
|
Lot 27, a distance of 912.8 feet to the end of said curve; |
|
|
THENCE, along the north line of Lot 27, N 56 deg 00 min E |
|
|
1042.0 feet to the northernmost corner of Lot 27 on the west line of |
|
|
the Military Highway; |
|
|
THENCE, along the west line of the Military Highway, in a |
|
|
northerly direction along an arc of a curve to the right with a |
|
|
radius of 995.4 feet and whose chord is north 28 deg 42 min 56 sec |
|
|
west 13.4 feet, a distance of 13.4 feet to a point for a corner; |
|
|
THENCE, crossing the Military Highway, N 59 deg 50 min E, at |
|
|
80.1 feet the east line of the Military Highway and the westernmost |
|
|
corner of Lot 19, Block 18, a total distance of 1106.3 feet to the |
|
|
northernmost corner of Lot 19; |
|
|
THENCE, S 30 deg 10 min E 200.0 feet to a point that is the |
|
|
beginning of a curve to the left with a central angle of 90 deg and a |
|
|
radius of 1111.3 feet, and whose tangents are North 59 deg, 50 min |
|
|
East 1111.3 feet and North 30 deg 10 min W 1111.3 ft.; |
|
|
THENCE, along the arc of said curve in a northeasterly and |
|
|
northerly direction, a distance of 1745.6 feet to the end of said |
|
|
curve; |
|
|
THENCE, 400.0 feet perpendicularly east of the east lines of |
|
|
Lots 17 and 16, N 30 deg 10 min W 514.5 feet to a point for a corner; |
|
|
THENCE, N 82 deg 25 min 30 sec W 126.5 feet to a point for a |
|
|
corner; |
|
|
THENCE, 300.0 feet perpendicularly east of the east line of |
|
|
Lots 16, 15, 14, 13, 10, 9, 6 and 5, N 30 deg 10 min W, at approx 1200 |
|
|
ft the south line of Lot 12, and then 100.0 feet perpendicularly |
|
|
east of the west line of Lots 12, 11, 8, 7, 4, Block 18, a total |
|
|
distance of 5171.0 feet to a point on the north line of Lot 4 and the |
|
|
south line of the Cameron County Floodway; |
|
|
THENCE, along the north line of Lot 4 and the south line of |
|
|
the floodway, S 60 deg 29 min W 93.2 feet to a point for a corner; |
|
|
THENCE, crossing said floodway, 100 feet perpendicularly |
|
|
east of the siphon on the Main Canal, N 9 deg 01 min W, at 544.7 feet |
|
|
the south line of the Santander Townsite and the north line of said |
|
|
floodway, a total distance of 604.5 feet; |
|
|
THENCE, 100.0 feet perpendicularly east of the centerline of |
|
|
the Main Canal, in Santander, N 30 deg 39 min W a distance of 1255.0 |
|
|
feet to the beginning of a curve to the right with a radius of 1332.5 |
|
|
feet and a central angle of 14 deg 37 min and whose chord is North 23 |
|
|
deg 20 min 30 sec west 339.0 feet; |
|
|
THENCE, along the arc of said curve, a distance of 339.9 feet |
|
|
to a point on the south line of Lot 35, Block 16, for a corner; |
|
|
THENCE along the south line of Lot 35, S 82 deg 30 min E 108.6 |
|
|
feet to a point for a corner; |
|
|
THENCE, 200.0 feet perpendicularly from the centerline of the |
|
|
main canal, N 15 deg 27 min W 403.3 feet to the beginning of a curve |
|
|
to the left with a central angle of 20 deg 03 min and a radius of |
|
|
518.4 feet and whose chord is north 25 deg 28 min 30 sec west 180.4 |
|
|
feet; |
|
|
THENCE, along the arc of said curve 200 feet from the |
|
|
centerline of the canal, a distance of 181.2 feet to the end of said |
|
|
curve; |
|
|
THENCE, N 35 deg 30 min W 219.4 feet to the beginning of a |
|
|
curve to the right with a central angle of 24 deg 45 min and a radius |
|
|
of 755.4 feet and whose chord is North 23 deg 07 min 30 sec west |
|
|
323.8 feet; |
|
|
THENCE, along the arc of said curve 200 feet from the |
|
|
centerline of the main canal, a distance of 326.4 feet to the end of |
|
|
said curve; |
|
|
THENCE, 300.0 feet perpendicularly east of the west line of |
|
|
Lots 28, 29, 20, 19, 8, 9, 4, 3, and 25, Block 16 and Lot 24, Block |
|
|
15, N 10 deg 44 min 31 sec W, at 2462.6 feet the north line of Lot 19 |
|
|
and the south line of Lot 8, at 5937.2 feet the north line of Lot 25, |
|
|
Block 16 and the south line of Lot 24, Block 15, a total distance of |
|
|
6044.7 feet to the beginning of a curve to the right with a central |
|
|
angle of 18 deg 54 min 37 sec and a radius of 946 feet and whose |
|
|
chord is north 01 deg 17 min 13 sec west 310.8 feet; |
|
|
THENCE, along the arc of said curve a distance of 312.2 feet |
|
|
to the end of said curve; |
|
|
THENCE, 300.0 feet perpendicularly east of the west line of |
|
|
Lots 24, 23, 10 and 9, Block 15, N 08 deg 10 min 06 sec E a distance |
|
|
of 2231.0 feet to a point on the north line of Lot 9 and the south |
|
|
line of Lot 8; |
|
|
THENCE, 300.0 feet perpendicularly east of the west line of |
|
|
Lot 8, Block 15, N 7 deg 57 min 30 sec E 1394.6 feet to a point on the |
|
|
north line of Lot 8; |
|
|
THENCE, along the north line of Lot 8, N 79 deg 39 min W 89.7 |
|
|
feet, and N 57 deg 02 min W 11.4 feet to a point that is 100.0 feet |
|
|
perpendicularly east of the centerline of the canal siphon; |
|
|
THENCE, 100.0 feet perpendicularly east of the centerline of |
|
|
the canal siphon, crossing the Resaca del Rancho Viejo, N 8 deg 03 |
|
|
min E 170.8 feet to a point in the south line of Lot 65, Block 12, on |
|
|
the north bank of said resaca; |
|
|
THENCE, S 69 deg 11 min E 43.0 feet and S 77 deg 54 min 30 sec E |
|
|
8.0 feet to a point that is 150 feet from the centerline of the Main |
|
|
Canal; |
|
|
THENCE, N 8 deg 03 min E 85.0 feet to the beginning of a curve |
|
|
to the left with a central angle of 69 deg 24 min and a radius of |
|
|
250.0 feet and whose chord is north 26 deg 39 min west 284.6 feet; |
|
|
THENCE, with the arc of said curve, a distance of 302.8 feet |
|
|
to the end of said curve; |
|
|
THENCE, continuing 150 feet from the centerline of the canal, |
|
|
N 61 deg 21 min W 365.5 feet to an angle point; |
|
|
THENCE, continuing 150 feet from the centerline of the canal, |
|
|
N 8 deg 09 min E, at 1818.5 feet the North line of Lot 66 and the |
|
|
south line of Lot 42, Block 12, a total distance of 11,592.2 feet to |
|
|
an angle point in Lot 63, Block 11; |
|
|
THENCE, continuing 150 feet from the centerline of said |
|
|
canal, N 7 deg 24 min 30 sec E 2108.9 feet to the north line of Lot 64 |
|
|
and the south line of Lot 66, Block 11; |
|
|
THENCE, along the north line of Lot 64 and the south line of |
|
|
Lot 66, N 82 deg 30 min W 50.0 feet to a point that is 100 feet from |
|
|
the centerline of said canal; |
|
|
THENCE, 100 feet from the centerline of said canal, N 7 deg 24 |
|
|
min 30 sec E 2640.0 feet to a point in the north line of Lot 69 and |
|
|
the south line of Lot 70, Block 11, said point being S 82 deg 30 min |
|
|
E 184.3 feet from the northwest corner of Lot 69 and the southwest |
|
|
corner of Lot 70; |
|
|
THENCE, along the north line of Lot 69 and the south line of |
|
|
Lot 70, S 82 deg 30 min E 115.7 feet, said point being 300.0 feet |
|
|
from the northwest corner of Lot 69 and the southwest corner of Lot |
|
|
70; |
|
|
THENCE, 300.0 feet perpendicularly east of the west line of |
|
|
Lot 70, N 8 deg 10 min 30 sec E 178.6 feet and N 37 deg 16 min E 399.1 |
|
|
feet to a point that is 135.0 feet perpendicularly south of the |
|
|
north line of Lot 70; |
|
|
THENCE, 135.0 feet perpendicularly south of and parallel to |
|
|
the north line of Lots 70 and 11, S 82 deg 30 min E 811.7 feet to a |
|
|
point on the east line of Lot 11 and the west line of Lot 12; |
|
|
THENCE, on the line between Lot 11 and Lot 12, N 7 deg 30 min E |
|
|
90.0 feet to a point for a corner; |
|
|
THENCE, 45.0 feet perpendicularly south of and parallel to |
|
|
the north line of Lots 12, 13 and 14, S 82 deg 30 min E 1935.0 feet to |
|
|
a point; |
|
|
THENCE, 45.0 feet perpendicularly west of the east line of |
|
|
Lot 14, S 7 deg 30 min W 615.0 feet to a point on the south line of |
|
|
Lot 14 and the north line of Lot 19; |
|
|
THENCE, along the south line of Lots 14, 15, and 16, S 82 deg |
|
|
30 min E 1980.0 feet to a point; |
|
|
THENCE, 45.0 feet perpendicularly west of the east line of |
|
|
Lot 17, S 7 deg 30 min W 45.0 feet; |
|
|
THENCE, S 82 deg 30 min E 45.0 feet to a point on the east line |
|
|
of Lot 17, Block 11 and the west line of Lot 2, Block 10; |
|
|
THENCE, along the line between said Lot 17 and Lot 2, S 7 deg |
|
|
30 min W 105.0 feet; |
|
|
THENCE, 150.0 feet perpendicularly south of and parallel to |
|
|
the north line of Lot 2 and the northwest line of Lot 3, S 82 deg 30 |
|
|
min E 1373.7 feet and N 58 deg 05 min E 780.6 feet to a point in the |
|
|
northeast line of Lot 3; |
|
|
THENCE, along the northeast line of Lot 3, S 31 deg 55 min E |
|
|
16.3 feet to a point; |
|
|
THENCE, 50.0 feet perpendicularly southeast of and parallel |
|
|
to the northwest line of Lot 61, Block 10, N 58 deg 05 min E 435.6 |
|
|
feet to a point on the northeast line of Lot 61, said point being on |
|
|
the southwest right of way line of the St. Louis, Brownsville and |
|
|
Mexico Railroad (50.0 feet from its centerline); |
|
|
THENCE, along the said southwest right of way line, along the |
|
|
northeast line of Lots 61 to 53, incl. N 31 deg 55 min W 805.0 feet |
|
|
to a point, said point being S 31 deg 55 min E 45.0 feet from the |
|
|
northernmost corner of Lot 53, Block 10; |
|
|
THENCE, crossing the railroad right of way and State Highway |
|
|
No. 4 right of way, N 58 deg 05 min E 200.0 feet to a point on the |
|
|
southwest line of Lot 42, Block 9, said point being S 31 deg 55 min E |
|
|
45.0 feet from the westernmost corner of Lot 42; |
|
|
THENCE, along the southwest line of Lots 42 to 80, incl. Block |
|
|
9 along the northeast right of way line of 100 ft State Highway No. |
|
|
4, S 31 deg 55 min E 4268.5 feet to the east line of the Barreda |
|
|
Gardens Subdivision, said point being on the west line of the Brooks |
|
|
Tract; |
|
|
THENCE, along the northeast right of way line of 100 ft State |
|
|
Highway No. 4, S 31 deg 54 min E 1805.6 feet to the beginning of a |
|
|
curve to the left with a central angle of 10 deg 57 min and a radius |
|
|
of 5544.8 feet and whose tangents are S 31 deg 54 min east 531.5 |
|
|
feet, and south 42 deg 51 min east 531.5 feet; |
|
|
THENCE, along the arc of said curve a distance of 1059.5 feet; |
|
|
THENCE, N 47 deg 57 min E 6170.4 feet to a point on the east |
|
|
line of Share one, Espiritu Santo Grant, and the east line of the |
|
|
previously mentioned Noriega Tract; |
|
|
THENCE, along the East line of Share No. One and the east line |
|
|
of the Noriega Tract, N 7 deg 32 min E 12,739.8 feet to the place of |
|
|
beginning, containing 4880 acres, more or less. |
|
|
[If there is any error or omission in the description of the
|
|
|
boundaries of said District, as set forth in Section 1 of this Act,
|
|
|
the Commissioners Court of Cameron County, Texas, is hereby
|
|
|
authorized and directed to redefine said boundaries and correct the
|
|
|
error or supply the omission.] |
|
|
SECTION 2.12. Section 1, Chapter 520, Acts of the 59th |
|
|
Legislature, Regular Session, 1965, is amended to read as follows: |
|
|
Sec. 1. The [Under and pursuant to the provisions of Section
|
|
|
59, Article XVI, Constitution of the State of Texas, a conservation
|
|
|
and reclamation district is hereby created and incorporated in
|
|
|
Galveston County, Texas, to be known as "San Leon Municipal Utility
|
|
|
District of Galveston County, Texas," hereinafter referred to as
|
|
|
the "District," and the] boundaries of the San Leon Municipal |
|
|
Utility District of Galveston County, Texas, [said District] shall |
|
|
be as follows: |
|
|
Said District shall be composed of two separate tracts of |
|
|
land situated entirely within Galveston County, Texas, and |
|
|
described by metes and bounds as follows: |
|
|
Tract No. 1 |
|
|
BEGINNING at the point of intersection of the southerly shore |
|
|
line of Galveston Bay with the northeasterly projection of the |
|
|
southeasterly line of the J. Rogers Survey, Abstract No. 168, |
|
|
Galveston County, Texas; |
|
|
THENCE in a southwesterly direction following said |
|
|
southeasterly line of said Rogers Survey, being also the |
|
|
northwestern line of the Amos Edwards League, Abstract No. 10, and |
|
|
being also the northwestern line of San Leon Farm Home Tracts as |
|
|
shown by the map thereof recorded in Volume 238, page 25, Deed |
|
|
Records of Galveston County, to a point for corner, being the |
|
|
intersection of said survey line with the easterly line of Lot 2, |
|
|
Block No. 25-A of San Leon Farm Home Tracts; |
|
|
THENCE in a southerly direction following the easterly line |
|
|
of Lot No. 2 and Lot No. 7 in said Block No. 25-A, and continuing in |
|
|
the same direction across Ave. H and along the easterly line of Lot |
|
|
No. 2 and Lot No. 7 in Block No. 26 and continuing in the same |
|
|
direction across San Leon Road and along the easterly line of Lot |
|
|
No. 2 in Block No. 41 to a point for corner, said point being the |
|
|
northwesterly corner of Lot No. 4 in said Block No. 41; |
|
|
THENCE in an easterly direction with the northerly line of |
|
|
said Lot. No. 4 to a point for corner, being the northeasterly |
|
|
corner of said Lot No. 4; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
Block No. 41 and continuing in the same direction across Ave. L and |
|
|
along the easterly line of Block No. 44 to a point for corner, being |
|
|
the southeasterly corner of Lot No. 3 in said Block No. 44; |
|
|
THENCE in an easterly direction across 29th St. (F. M. No. |
|
|
517) and continuing in the same direction along the northerly line |
|
|
of Lot No. 1 in Block No. 45 to a point for corner, being the |
|
|
northeasterly corner of said Lot No. 1; |
|
|
THENCE in a northerly direction with the westerly line of Lot |
|
|
No. 3 in Block No. 45 to a point for corner, being the northwesterly |
|
|
corner of said Lot No. 3; |
|
|
THENCE in an easterly direction with the northerly line of |
|
|
said Lot. No. 3 to the northeasterly corner of said Lot No. 3; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
said Lot No. 3 to a point for corner, being the southeasterly corner |
|
|
of said Lot No. 3; |
|
|
THENCE in an easterly direction with the northerly line of |
|
|
Lot No. 5 in said Block No. 45 and continuing in the same direction |
|
|
across 28th St. and along the northerly line of Lots Nos. 8, 7, 6 and |
|
|
5 in Block No. 46 to a point for corner on the easterly line of said |
|
|
Block No. 46; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
said Block No. 46 and continuing in the same direction across Ave. N |
|
|
to a point for corner, being the northeasterly corner of Block No. |
|
|
56; |
|
|
THENCE in an easterly direction across 27th St. and along the |
|
|
northerly line of Block No. 55 and continuing in the same direction |
|
|
across 26th St. along the northerly line of Block No. 54 to a point |
|
|
for corner, being the northeasterly corner of Lot No. 1 in said |
|
|
Block No. 54; |
|
|
THENCE in a southerly direction with the easterly line of Lot |
|
|
No. 1 in Block No. 54 to a point for corner, being the southeasterly |
|
|
corner of said Lot No. 1; |
|
|
THENCE in an easterly direction with the northerly line of |
|
|
Lot No. 7 and Lot No. 6 in said Block No. 54 to a point for corner, |
|
|
being the southwesterly corner of Lot No. 4 in said Block No. 54; |
|
|
THENCE in a northerly direction with the westerly line of |
|
|
said Lot No. 4, in Block No. 54 to a point for corner in the |
|
|
northerly line of said Block No. 54; |
|
|
THENCE in an easterly direction with the northerly line of |
|
|
said Block No. 54 to a point for corner, being the northeasterly |
|
|
corner of said Block No. 54; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
Block No. 54 and continuing in the same direction across Ave. P and |
|
|
along the easterly line of Block No. 68 and continuing in the same |
|
|
direction across Ave. Q to a point for corner, being the |
|
|
northeasterly corner of Block No. 71; |
|
|
THENCE in an easterly direction across 25th St. and following |
|
|
the northerly line of Block No. 70 and the easterly projection |
|
|
thereof to a point on the shore line of Dickinson Bay; |
|
|
THENCE in a generally easterly direction along the shore line |
|
|
of Dickinson Bay to its intersection with the western shore line of |
|
|
Galveston Bay at April Fool Point; |
|
|
THENCE in a generally northerly direction along the western |
|
|
shore line of Galveston Bay to Eagle Point; |
|
|
THENCE in a generally westerly direction along the southern |
|
|
shore line of Galveston Bay to its intersection with the |
|
|
northeasterly projection of the southeasterly line of the J. Rogers |
|
|
Survey, Abstract No. 168, the place of beginning, and containing |
|
|
3,200 acres of land, more or less. |
|
|
BEGINNING at a point on the westerly shore line of Dickinson |
|
|
Bay in Galveston County, Texas, said point being designated as |
|
|
Point "A" in the description of the present boundary line of the |
|
|
City of Texas City, Texas, said point also being in the easterly |
|
|
line of a parkway opposite Block No. 70 of San Leon Farm Home Tracts |
|
|
as shown by the map thereof recorded in Volume 238, page 25, Deed |
|
|
Records of Galveston County, and being also the most southerly |
|
|
corner of a 1.054 acre tract of land described in deed dated October |
|
|
10, 1960, from E. W. Barnett, Trustee, to Houston Lighting & Power |
|
|
Company; |
|
|
THENCE from said Point "A" in a northwesterly direction to a |
|
|
point located in Lot No. 3 in Block No. 67 of said San Leon Farm Home |
|
|
Tracts, said point being located 75 feet east and 65.5 feet south |
|
|
from the northwesterly corner of said Lot No. 3; |
|
|
THENCE in a northerly direction parallel with the westerly |
|
|
line of said Lot No. 3 and across Ave. P to a point in the southerly |
|
|
line of Lot No. 6 in Block No. 55 of said San Leon Farm Home Tracts; |
|
|
THENCE westerly with the southerly line of said Block No. 55 |
|
|
and continuing in the same direction across 27th St. and along the |
|
|
southerly line of Block No. 56 to a point for corner, said point |
|
|
being the southwesterly corner of Lot No. 5 in said Block No. 56; |
|
|
THENCE in a northerly direction with the westerly line of |
|
|
said Lot No. 5 in Block No. 56 to the northwesterly corner of said |
|
|
Lot No. 5; |
|
|
THENCE in a westerly direction with the southerly line of |
|
|
Lots Nos. 3, 2 and 1 in said Block No. 56 and continuing in the same |
|
|
direction across 28th St. and along the southerly line of Lots Nos. |
|
|
4 and 3 of Block No. 57 to a point for corner, being the |
|
|
southwesterly corner of said Lot No. 3 in Block No. 57; |
|
|
THENCE in a northerly direction with the westerly line of |
|
|
said Lot No. 3 in Block No. 57 and a northerly projection thereof to |
|
|
a point for corner, being the southwesterly corner of Lot No. 6 in |
|
|
Block No. 45; |
|
|
THENCE in a westerly direction with the southerly line of |
|
|
Block No. 45 and continuing in the same direction across 29th St. |
|
|
(F.M. 517) and along the southerly line of Block No. 44 and the |
|
|
westerly projection thereof to a point for corner, being the |
|
|
southeasterly corner of Block No. 43; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
Block No. 59 to a point for corner, being the southeasterly corner |
|
|
of said Block No. 59; |
|
|
THENCE in a westerly direction with the south line of said |
|
|
Block No. 59 and the westerly projection thereof to a point for |
|
|
corner, being the southeasterly corner of Block No. 60; |
|
|
THENCE in a southerly direction with the easterly line of |
|
|
Block No. 62 and its southerly projection, and continuing in the |
|
|
same direction along the easterly line of Block No. 77 and its |
|
|
southerly projection, and continuing in the same direction along |
|
|
the easterly line of Block No. 79 to a point for corner, said point |
|
|
being at the intersection of the easterly line of said Block No. 79 |
|
|
and the northeasterly line of State Highway No. 146; |
|
|
THENCE in a northwesterly direction with the northeasterly |
|
|
line of said State Highway No. 146 to its intersection with the |
|
|
western line of Block No. 60A on the western line of said San Leon |
|
|
Farm Home Tracts, being also the western line of the Amos Edwards |
|
|
League, Abstract No. 10, Galveston County, Texas; |
|
|
THENCE in a southerly direction along said western line of |
|
|
said Amos Edwards League, being also the western line of said San |
|
|
Leon Farm Home Tracts, to the southwest corner of said Amos Edwards |
|
|
League on the northerly water's edge of Dickinson Bayou; |
|
|
THENCE downstream following along said northerly water's |
|
|
edge of Dickinson Bayou in a generally southerly, northeasterly and |
|
|
easterly direction to the western shore line of Dickinson Bay; |
|
|
THENCE in a generally northerly direction along said western |
|
|
shore line of Dickinson Bay to Point "A" in the description of the |
|
|
present boundary line of the City of Texas City, Texas, said point |
|
|
also being in the easterly line of a parkway opposite Block No. 70 |
|
|
of San Leon Farm Home Tracts as shown by the map thereof recorded in |
|
|
Volume 238, page 25, Deed Records of Galveston County, Texas, and |
|
|
being also the most southerly corner of a 1.054 acre tract of land |
|
|
described in deed dated October 10, 1960, from E. W. Barnett, |
|
|
Trustee, to Houston Lighting and Power Company, the place of |
|
|
beginning, and containing 1,850 acres of land, more or less, the |
|
|
total area of said District being 5,050 acres, more or less. |
|
|
SECTION 2.13. Section 1, Chapter 532, Acts of the 59th |
|
|
Legislature, Regular Session, 1965, is amended to read as follows: |
|
|
Sec. 1. The Treasure Island Municipal Utility District of |
|
|
Brazoria County, Texas, [Under and pursuant to the provisions of
|
|
|
Section 59 of Article XVI, Constitution of Texas, a conservation
|
|
|
and reclamation district is hereby created and incorporated in
|
|
|
Brazoria County, Texas, to be known as "Treasure Island Municipal
|
|
|
Utility District of Brazoria County, Texas," hereinafter referred
|
|
|
to as the "District," and said District] shall consist of: |
|
|
A tract containing 294.18 acres of land, more or less, being |
|
|
that tract of land commonly known as San Luis Island out of the S. F. |
|
|
Austin Peninsular League, Abstract 29, Brazoria County, Texas, |
|
|
being all of the land in such league lying north of the following |
|
|
described line: |
|
|
BEGINNING at a concrete monument on the waters edge of what |
|
|
was formerly called "Little Pass" when it separated the island from |
|
|
the mainland, but whose easterly end is now filled by sand. Said |
|
|
beginning point occupies a position of X = 3,235,945.21 feet and Y = |
|
|
470,168.66 feet, Texas Plane Coordinate System, South Central Zone; |
|
|
THENCE, S. 88° 36' 07" E. (grid bearing), at 353.71 feet pass |
|
|
an iron rod in the northwest right of way line of a 120 foot road, at |
|
|
482.25 feet pass an iron rod in the southeast right of way line of |
|
|
said 120 foot road, at 2112.25 feet pass a concrete monument a total |
|
|
distance of 2381.91 feet in all to the waters edge of the Gulf of |
|
|
Mexico at mean high tide. |
|
|
SECTION 2.14. Section 2, Chapter 436, Acts of the 66th |
|
|
Legislature, Regular Session, 1979, is amended to read as follows: |
|
|
Sec. 2. BOUNDARIES. The [authority's] boundaries of the |
|
|
South Texas Water Authority will encompass all of that portion of |
|
|
Kleberg County that is located within Kingsville Independent School |
|
|
District, as of January 1, 1979, and all of that portion of Nueces |
|
|
County that is located south and west of a line that is described as |
|
|
beginning at a point on the Kleberg-Nueces County line that is |
|
|
located approximately one mile south of the intersection of FM Road |
|
|
70 and FM Road 892; thence northward to the said intersection; |
|
|
thence northward along FM Road 892 to its intersection with FM Road |
|
|
2826; thence westward along FM Road 2826 to its intersection with |
|
|
County Road 77; thence northward along County Road 77 to its |
|
|
intersection with County Road 44; thence westward along County Road |
|
|
44 to its intersection with the line; which as of January 1, 1979, |
|
|
formed the division between Commissioners Precincts Nos. 1 and 2; |
|
|
thence along the meanderings of the said line to its intersection |
|
|
with the Nueces-Jim Wells County line excepting therefrom all land |
|
|
comprising the area as of January 1, 1979, of Nueces County Water |
|
|
Control and Improvement District No. 5 and of that portion of Lower |
|
|
Nueces River Water Supply District which is located within the |
|
|
boundaries described above[, and these boundaries form a closure,
|
|
|
and no mistake shall affect the organization, existence, and
|
|
|
validity of the authority, or the right to issue any type of bonds
|
|
|
or refunding bonds, for the purposes for which the authority is
|
|
|
created, or to pay principal of and interest on the bonds, or the
|
|
|
right to assess, levy, and collect taxes, or in any other manner
|
|
|
affect the legality or operation of the authority, its bonds, or its
|
|
|
governing body]. |
|
|
SECTION 2.15. Section 1, Chapter 337, Acts of the 65th |
|
|
Legislature, Regular Session, 1977, is amended to read as follows: |
|
|
Sec. 1. The [Under and pursuant to the provisions of Article
|
|
|
XVI, Section 59, of the Texas Constitution, a conservation and
|
|
|
reclamation district may be created and established in Jefferson
|
|
|
County, Texas, in the manner provided in Section 1A of this Act, to
|
|
|
be known as "West Jefferson County Municipal Water District" (the
|
|
|
"district"), and the] boundaries of the West Jefferson County |
|
|
Municipal Water District [said district] shall be as follows: |
|
|
Beginning at the Northeast corner of the Shelby Corzine |
|
|
Survey, Abstract 14, the same being the southeast corner of the |
|
|
Samuel Stivers League; |
|
|
Thence West along the south line of the Samuel Stivers League |
|
|
to the southwest corner of said Samuel Stivers League; |
|
|
Thence North along the west line of the Samuel Stivers League |
|
|
to its intersection with the centerline, or the projection thereof |
|
|
of Brooks Road; |
|
|
Thence West along the centerline of Brooks Road and the |
|
|
projection thereof to its intersection with the east bank of Green |
|
|
Pond Gully; |
|
|
Thence in a southerly direction following the meanders of the |
|
|
east bank of Green Pond Gully to its intersection with the north |
|
|
bank of the North Fork of Taylor's Bayou; |
|
|
Thence easterly following the meanders of the north bank of |
|
|
the North Fork of Taylor's Bayou to its intersection with the North |
|
|
or West right of way of Interstate Highway 10; |
|
|
Thence in a southwesterly direction along the North or West |
|
|
right of way of Interstate Highway 10 to its intersection with the |
|
|
north bank of the South Fork of Taylor's Bayou; |
|
|
Thence southeasterly along the meanders of the north bank of |
|
|
the South Fork of Taylor's Bayou to its intersection with the |
|
|
southeast bank of May Haw Bayou; |
|
|
Thence southwesterly along the meanders of the southeast bank |
|
|
of May Haw Bayou to its intersection with the North right of way of |
|
|
State Highway 73; |
|
|
Thence easterly along the North right of way of State Highway |
|
|
73 to the intersection of a line 300 feet east of, and measured at |
|
|
right angles to, the west line of the A. D. Knowlton Survey, |
|
|
Abstract 668, and the J. W. Denny Survey, Abstract 747; |
|
|
Thence northerly on a line 300 feet east of and parallel to |
|
|
the west line of the A. D. Knowlton Survey, Abstract 668, and the J. |
|
|
W. Denny Survey, Abstract 747, to the north bank of Taylor's Bayou; |
|
|
Thence easterly following the meanders of the north bank of |
|
|
Taylor's Bayou to its intersection with the east bank of |
|
|
Hillebrandt Bayou; |
|
|
Thence northwesterly following the meanders of the east bank |
|
|
of Hillebrandt Bayou to its intersection with the west bank of |
|
|
John's Gully; |
|
|
Thence northerly following the meanders of the west bank of |
|
|
John's Gully to its intersection with the west line of the Wm. N. |
|
|
Sigler Survey, Abstract 48; |
|
|
Thence northerly along the west line of the Wm. N. Sigler |
|
|
Survey, Abstract 48, and the projection thereof past the northwest |
|
|
corner of the said Wm. N. Sigler Survey, Abstract 48, to the |
|
|
interior southwest corner of the David Cunningham Survey, Abstract |
|
|
15; |
|
|
Thence westerly along the south line of the west part of the |
|
|
David Cunningham Survey, Abstract 15, to its northernmost southwest |
|
|
corner; |
|
|
Thence northerly along the west line of the David Cunningham |
|
|
Survey, Abstract 15, to its northwest corner; |
|
|
Thence westerly along the projection to the west of the north |
|
|
line of the David Cunningham Survey, Abstract 15, to the west line |
|
|
of the Marcelo Grange Survey, Abstract 26, said line also being the |
|
|
east line of the C. Hillebrandt Survey, Abstract 28; |
|
|
Thence northerly along the west line of the Marcelo Grange |
|
|
Survey, Abstract 26, and the east line of the C. Hillebrandt Survey, |
|
|
Abstract 28, to the projection east of the north line of the Shelby |
|
|
Corzine Survey, Abstract 14, which is the same line as the south |
|
|
line of the Samuel Stivers League; |
|
|
Thence westerly along the projection east of the north line |
|
|
of the Shelby Corzine Survey, Abstract 14, and the south line of the |
|
|
Samuel Stivers League, to the point of beginning. |
|
|
LESS AND EXCEPT all land lying within the boundaries of |
|
|
Jefferson County Water Control and Improvement District No. 14, |
|
|
which is more fully described as follows: |
|
|
Lying in Jefferson County, Texas, and containing 160 acres, |
|
|
more or less, out of the H. T. & B. R. R. Survey, No. 19, A-259 and H. |
|
|
T. & B. R. R. Survey No. 18, A-570 and beginning for reference at the |
|
|
Southeast corner of the H. T. & B. R. R. Survey, No. 19, A-259; |
|
|
THENCE, due North 80.00 feet to a point lying on the North |
|
|
right-of-way line of Lawhon Road to an iron pin as a Point of |
|
|
Beginning; |
|
|
THENCE, N 89° 50' W 2,560.00 feet, more or less, along the |
|
|
North right-of-way line of said Lawhon Road to an iron pin being the |
|
|
most Southwesterly corner of Martel Heights Subdivision, Section 1 |
|
|
as recorded in the Map Records of Jefferson County, Texas; |
|
|
THENCE, N 26° 45' 30" W 785.40 feet to an iron pin; |
|
|
THENCE, N 66° 07' E 278.10 feet to an iron pin; |
|
|
THENCE, N 61° 57' 18" E 4,358.00 feet to an iron pin; |
|
|
THENCE, S 03° 02' W 2,016.45 feet to an iron pin; |
|
|
THENCE, S 01° 24' E 855.8 feet to an iron pin; |
|
|
THENCE, N 89° 50' W 1,101.40 feet along the north right of way |
|
|
line of Lawhon Road to an iron pin being the point of Beginning and |
|
|
containing 160 acres of land, more or less. |
|
|
ARTICLE 3. REPEALER |
|
|
SECTION 3.01. The following statutes are repealed: |
|
|
(1) Chapter 187, Acts of the 61st Legislature, Regular |
|
|
Session, 1969; |
|
|
(2) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, |
|
|
and 15, Chapter 11, Acts of the 61st Legislature, Regular Session, |
|
|
1969; |
|
|
(3) Section 3, Chapter 280, Acts of the 62nd |
|
|
Legislature, Regular Session, 1971; |
|
|
(4) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 145, Acts of the 41st Legislature, Regular Session, 1929; |
|
|
(5) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Chapter |
|
|
45, Acts of the 41st Legislature, Regular Session, 1929; |
|
|
(6) Chapter 4, Acts of the 41st Legislature, Special |
|
|
Laws, 4th Called Session, 1930; |
|
|
(7) Sections 2, 3, 4, 5, 6, and 7, Chapter 533, Acts of |
|
|
the 57th Legislature, Regular Session, 1961; |
|
|
(8) Sections 2, 2a, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 20, Acts of the 57th Legislature, 3rd Called Session, 1962; |
|
|
(9) Section 2, Chapter 520, Acts of the 71st |
|
|
Legislature, Regular Session, 1989; |
|
|
(10) Sections 2, 3, 4, 5, 6, 7, and 8, Chapter 38, Acts |
|
|
of the 57th Legislature, 3rd Called Session, 1962; |
|
|
(11) Sections 2, 2A, 3, 4, 5, 6, 7, 8, and 9, Chapter 4, |
|
|
Acts of the 58th Legislature, Regular Session, 1963; |
|
|
(12) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 780, Acts of the 78th Legislature, Regular Session, 2003; |
|
|
(13) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
|
Chapter 218, Acts of the 72nd Legislature, Regular Session, 1991; |
|
|
(14) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 679, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(15) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 412, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(16) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 409, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(17) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 699, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(18) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 456, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(19) Sections 1, 3, 4, 5, 6, 7, 8, and 9, Chapter 693, |
|
|
Acts of the 65th Legislature, Regular Session, 1977; |
|
|
(20) Sections 2, 3, 4, and 5, Chapter 492, Acts of the |
|
|
83rd Legislature, Regular Session, 2013; |
|
|
(21) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
|
Chapter 35, Acts of the 76th Legislature, Regular Session, 1999; |
|
|
(22) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 352, |
|
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
|
(23) Sections 1, 3, 4, 5, 6, 7, 8, and 9, Chapter 742, |
|
|
Acts of the 64th Legislature, Regular Session, 1975; |
|
|
(24) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 1212, Acts of the 71st Legislature, Regular Session, 1989; |
|
|
(25) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 1214, Acts of the 71st Legislature, Regular Session, 1989; |
|
|
(26) Sections 2 and 3, Chapter 1188, Acts of the 82nd |
|
|
Legislature, Regular Session, 2011; |
|
|
(27) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, and 15, Chapter 761, Acts of the 78th Legislature, Regular |
|
|
Session, 2003; |
|
|
(28) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, and 15, Chapter 760, Acts of the 78th Legislature, Regular |
|
|
Session, 2003; |
|
|
(29) Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
|
650, Acts of the 70th Legislature, Regular Session, 1987; |
|
|
(30) Chapter 126, General Laws, Acts of the 44th |
|
|
Legislature, Regular Session, 1935; |
|
|
(31) Section 5, Chapter 119, Acts of the 50th |
|
|
Legislature, Regular Session, 1947; |
|
|
(32) Section 8, Article IV, Chapter 484, Acts of the |
|
|
68th Legislature, Regular Session, 1983; |
|
|
(33) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11a, 12, |
|
|
13, 14, and 15, Chapter 29, Acts of the 55th Legislature, 1st Called |
|
|
Session, 1957; |
|
|
(34) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, and 15, Chapter 398, Acts of the 51st Legislature, Regular |
|
|
Session, 1949; |
|
|
(35) Section 5, Chapter 452, Acts of the 58th |
|
|
Legislature, Regular Session, 1963; |
|
|
(36) Sections 3 and 4, Chapter 908, Acts of the 75th |
|
|
Legislature, Regular Session, 1997; |
|
|
(37) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
|
Chapter 33, Acts of the 56th Legislature, Regular Session, 1959; |
|
|
(38) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 633, Acts of the |
|
|
61st Legislature, Regular Session, 1969; |
|
|
(39) Sections 1, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
|
246, Acts of the 58th Legislature, Regular Session, 1963; |
|
|
(40) Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
|
Chapter 611, Acts of the 60th Legislature, Regular Session, 1967; |
|
|
(41) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 605, Acts of |
|
|
the 59th Legislature, Regular Session, 1965; |
|
|
(42) Sections 2 and 3, Chapter 101, Acts of the 60th |
|
|
Legislature, Regular Session, 1967; |
|
|
(43) Sections 2 and 3, Chapter 579, Acts of the 61st |
|
|
Legislature, Regular Session, 1969; |
|
|
(44) Chapter 317, Acts of the 72nd Legislature, |
|
|
Regular Session, 1991; |
|
|
(45) Sections 1, 2, 4, 5, 6, 7, 8, 8A, 9, 10, 11, and |
|
|
12, Chapter 245, Acts of the 54th Legislature, Regular Session, |
|
|
1955; |
|
|
(46) Chapter 371, Acts of the 74th Legislature, |
|
|
Regular Session, 1995; |
|
|
(47) Section 2, Chapter 1449, Acts of the 75th |
|
|
Legislature, Regular Session, 1997; |
|
|
(48) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
|
Chapter 613, Acts of the 59th Legislature, Regular Session, 1965; |
|
|
(49) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 584, Acts of |
|
|
the 59th Legislature, Regular Session, 1965; |
|
|
(50) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 268, Acts of the |
|
|
53rd Legislature, Regular Session, 1953; |
|
|
(51) Sections 4 and 8, Chapter 76, Acts of the 59th |
|
|
Legislature, Regular Session, 1965; |
|
|
(52) Sections 1, 2(a), 2(c), 3, 4, 5, 6, 7, 8, 9, 10, |
|
|
11, 12, 13, 14, 15, and 16, Chapter 638, Acts of the 60th |
|
|
Legislature, Regular Session, 1967; |
|
|
(53) Chapter 475, Acts of the 67th Legislature, |
|
|
Regular Session, 1981; |
|
|
(54) Sections 2, 3, 4, 5, 6, and 7, Chapter 198, Acts |
|
|
of the 53rd Legislature, 1953; |
|
|
(55) Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
|
324, Acts of the 57th Legislature, Regular Session, 1961; |
|
|
(56) Sections 2, 3, 4, 5, 6, 7, and 8, Chapter 520, |
|
|
Acts of the 59th Legislature, Regular Session, 1965; |
|
|
(57) Chapter 77, Acts of the 76th Legislature, Regular |
|
|
Session, 1999; |
|
|
(58) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Chapter 846, Acts of the |
|
|
61st Legislature, Regular Session, 1969; |
|
|
(59) Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10, Chapter |
|
|
532, Acts of the 59th Legislature, Regular Session, 1965; |
|
|
(60) Chapter 508, Acts of the 54th Legislature, |
|
|
Regular Session, 1955; |
|
|
(61) Chapter 619, Acts of the 63rd Legislature, |
|
|
Regular Session, 1973; |
|
|
(62) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Chapter 436, |
|
|
Acts of the 66th Legislature, Regular Session, 1979; and |
|
|
(63) Sections 1A, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, |
|
|
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 337, Acts |
|
|
of the 65th Legislature, Regular Session, 1977. |
|
|
ARTICLE 4. GENERAL MATTERS |
|
|
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. |
|
|
This Act is enacted under Section 43, Article III, Texas |
|
|
Constitution. This Act is intended as a codification only, and no |
|
|
substantive change in the law is intended by this Act. This Act |
|
|
does not increase or decrease the territory of any special district |
|
|
of the state as those boundaries exist on the effective date of this |
|
|
Act. |
|
|
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS |
|
|
LAW. (a) The repeal of a law, including a validating law, by this |
|
|
Act does not remove, void, or otherwise affect in any manner a |
|
|
validation under the repealed law. The validation is preserved and |
|
|
continues to have the same effect that it would have if the law were |
|
|
not repealed. |
|
|
(b) Subsection (a) of this section does not diminish the |
|
|
saving provisions prescribed by Section 311.031, Government Code. |
|
|
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April |
|
|
1, 2017. |