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State Law
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Texas Auxiliary Water Laws - Chapter 3 Water Control And Preservation DistrictsLegal Research Home > Texas Lawyer > Auxiliary Water Laws > Texas Auxiliary Water Laws - Chapter 3 Water Control And Preservation Districts One or more water control and preservation districts may be established in the several counties, or a part of any county, or in two or ... Said districts, when established, shall be for the purpose of the control and preservation of the purity of the waters of any rivers, creeks, bayous, ... Such districts, when established, shall have full power to erect, construct, maintain, repair and reconstruct dams, bulkheads, jetties, locks, gates, or any other character of ... Upon the presentation to the commissioners court of a petition signed by twenty-five of the resident property taxpayers of any proposed district praying for the ... The petition shall be accompanied by five hundred dollars in cash which shall be deposited with the clerk of the commissioners court of the county ... The court shall, when setting a date for the hearing, order the clerk of said court to give notice of the date and place of ... Any person who may be affected thereby may appear before said court and contest the creation of said district, or contend for its creation, and ... Unless otherwise provided, the commissioners court shall have exclusive jurisdiction to hear and determine all contests and objections to the creation and establishment of any ... If at said hearing it appears to the court that the organization of such district and the proposed improvement is feasible and practicable, and that ... The order dismissing said petition or any appeal therefrom shall not prevent the presentation at any subsequent time of a similar petition with changed boundaries, ... Any petitioner or taxpayer in such district may appeal from the findings of said court to the district court of said county. Such appeal shall ... Within five days from the filing of the appeal bond, the county clerk shall transfer to the district clerk all records filed with the commissioners ... If the petition is granted, the commissioners court shall order an election to be held in such district at the earliest legal time, to determine ... Notice of such election stating the time and place of holding the same shall be given by the county clerk by posting or causing to ... The commissioners court shall provide twice as many ballots as there are qualified resident property tax paying voters within such district. Said ballots shall have ... None but resident property taxpayers who are qualified voters of said proposed district shall be entitled to vote at such election. The commissioners court shall ... The tax collector of the county wherein such district is situated, prior to the election, shall make a certified list of the property taxpayers of ... Any person who acquired property in said district after the first day of January of the preceding year may vote in said election upon taking ... Any person whose name was erroneously omitted from said list of voters may vote at said election upon the taking the oath as prescribed in ... Said court shall canvass the vote, and if two-thirds of such votes are in favor of the proposition submitted, then the court shall declare the ... Said order of the court shall be as follows: "Commissioners court of ........ County, Texas, ........ day of ........ A.D. ........ in the matter of ... At the same meeting when said order is made, or at a called meeting within five days thereafter, the court shall appoint a board of ... Where a proposed district lies partly within two or more counties, the petition for the establishment of said district shall be presented to the commissioners ... Said county judge shall canvass said vote and declare the result thereof, and if two-thirds of such votes favor the creation of said district, he ... The commissioners court of each county shall hear and determine the matters relating to the establishment of said district in their county, in the same ... A board of five directors shall be elected at the same election held for the establishment of such district, and the ballot therefor may have ... On the second Tuesday of January after the establishment of such district, and biennially thereafter, an election for such directors shall be held in each ... Within ten days after their appointment or election, or as soon as practicable thereafter, the directors shall each make a good and sufficient bond for ... Unless otherwise provided, the duties and powers herein conferred upon the county judges and members of the commissioners court, and other officers are made a ... As soon as possible after their qualification, the directors shall organize by electing one of their number president and one as district secretary. When the ... During the progress of the construction of any improvement under contract, the directors shall maintain a regular office within such district, and may in their ... The directors shall have control over the management of all district affairs, shall make all contracts pertaining thereto, and shall employ all necessary employés for ... Where the district lies wholly in one county, the directors shall not, after the completion of the improvements, employ any attorneys as legal advisers of ... The directors may employ a general manager to have general charge of the work, paying such compensation as may be agreed upon by the directors. ... All district officers and employés who may be required to give bond or security may furnish bonds of surety companies, subject to the approval of ... The directors, through the secretary, shall keep a true account of all matters and proceedings of the board, and shall maintain the records of the ... All payments of any district funds shall be by voucher upon the district depository, and all such vouchers shall be signed by the president or ... The directors shall select a depository for such district in the same manner as now provided by law for the selection of county depositories, and ... The directors shall annually require an audit to be made of the district records and accounts, at the time and in the manner provided for ... Any district may by and through its directors sue and be sued in the name of such district, and all courts of this State shall ... No suit shall be brought in any Court of this State contesting the validity or enjoining the formation of any district, or any bonds issued ... The directors are hereby empowered to acquire the necessary right of way and property of any kind or character whatsoever for all necessary improvements contemplated ... The directors of any Water Control and Preservation District and the engineers and employés thereof are hereby authorized to go upon any land lying within ... The right of eminent domain is hereby conferred upon all districts for the purpose of condemning and acquiring the right of way over and through ... The directors shall have authority to employ a competent engineer whose term of office shall be at the will of the directors. He shall make ... The directors shall have full power to co-operate and act with the United States or any officer or department thereof, in any manner pertaining or ... If the district improvements are not carried out by the United States, the contracts for such improvements shall be let by the directors to the ... All work contracted for, unless done under Federal supervision, shall be done under the supervision of the district engineer. When the work is completed according ... (a) The District shall pay the contract price of such contracts as hereinafter provided: (b) The directors shall draw a voucher on the District depository ... After the full and final completion of all improvements of the district, and after payment of all expenses incurred under this chapter, the directors are ... Two or more districts may by contract join in the construction of any improvement and enter upon any work authorized hereunder, as a joint project, ... When improvements are constructed by two or more districts, bids may be jointly called for and opened and considered at the designated office of either ... Immediately after their organization, the directors shall enter an order directing the issuance of bonds for such district within the limits authorized by the election ... All bonds issued under this chapter shall be governed by the provisions of Chapter 2 of this title governing the issuance, denomination, rate of interest, ... Said bonds shall not exceed in amount one-fourth of the assessed valuation of the real property of such district. Acts 1918, 35th Leg., 4th C.S., ... The directors shall provide a well bound book in which a record shall be kept by the clerk of the county in which the largest ... If after an election has been held for the issuance of bonds, the directors shall consider it necessary to make any modification or change in ... If the directors shall determine to make additional improvements, works or construction in order to carry out the purposes for which said district was organized, ... Said resolution shall set forth the proposed work, the amount of bonds to be issued to pay for same, their rate of interest and maturity ... The commissioners court must, on receipt of such resolution, order an election on the day specified therein. Notice of such election shall be given, returns ... The ballot for such election shall have printed thereon the words and none other: "For the issuance of additional Water Control and Preservation Bonds and ... After registration of said bonds by the Comptroller, the directors shall sell the same on the best terms and for the best price possible, not ... There is hereby created a "Construction and Maintenance Fund" of such district, which shall consist of all moneys received from the sale of bonds and ... The directors shall annually levy and cause to be assessed taxes upon all property within said district sufficient to pay the expenses of assessing and ... The county tax assessor-collector shall assess and collect the taxes levied by the district. Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 32; Acts ... The directors shall have authority as occasion may require, in their discretion, to levy a tax on all property within such district in an amount ... There is hereby created an "Interest and Sinking Fund" for such district, and all taxes collected under this chapter for the payment of bonds and ... The directors are empowered, whenever they deem it advisable, to invest any sinking fund of the district in bonds of the United States, of this ... Texas Lawyers
Last modified: August 10, 2007 |