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Texas Water Code - Chapter 64 Water Import AuthoritiesLegal Research Home > Texas Laws > Water Code > Texas Water Code - Chapter 64 Water Import Authorities Pursuant to and as expressly authorized by Article XVI, Section 59, of the Texas Constitution, there may be created within the State of Texas a ... The authority shall include all of the area in Texas that has beneath it the subsurface formation known as the Ogallala Formation as that area ... In this chapter: (1) "Authority" means The Ogallala Water Import Authority of Texas. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Import area" ... (a) On its own motion or on receiving a petition signed by at least 50 landowners in the proposed import area, the commission, after notice ... After the import area has been defined and certified, the authority may be created. Except as otherwise provided in this chapter, the provisions of Chapter ... The consent of any district located wholly or partially in the import area is not required before the authority may be created. Added by Acts ... (a) If the commission finds, after public hearing, that the authority is feasible and practicable, that it would be a benefit to the area included ... At the time a petition for creation is granted, the commission, in its order, shall divide the authority into 15 precincts, with each precinct having ... (a) Within 180 days from the effective date of the order of the commission granting the petition for creation of the authority, the board of ... (a) The authority's powers and duties shall be exercised through a board of directors. The first directors shall be appointed by the commission in its ... To be qualified for membership on the board, a person shall possess all qualifications to vote in a general election under Texas law and be ... (a) The board shall perform official actions by motions or by resolutions, and a majority of its membership constitutes a quorum for transaction of business. ... (a) The board shall elect annually from among its members a president of the board. The president shall preside at the meetings of the board ... (a) If the authority is confirmed, an advisory council is created with authority to make and submit recommendations to the board. (b) The advisory council ... (a) The board may employ an executive director for the authority and may delegate full power and authority to him or her in the management ... A regular office shall be established and maintained for the conduct of the authority's business which shall be at a location within the authority to ... The authority is created: (1) to obtain supplemental supplies of imported water for use on an equitable basis within the boundaries of the authority; (2) ... In addition to those specifically otherwise provided, the authority may exercise the following powers: (1) contract with the State of Texas or any state, the ... (a) The authority may cooperate with and enter into contracts with districts and persons for the purpose of supplying and selling water to them. A ... (a) The authority shall comply with the requirements of Section 50.061 of this code when awarding a contract. (b) Contracts for personal or professional services, ... (a) The authority may contract with the United States or the state and any of the agencies of either under any of the federal or ... (a) All powers conferred by Chapter 54 of this code relating to municipal utility districts are applicable to the authority created under the provisions of ... Once land is included within the authority and the authority is confirmed, the land may not be removed from the authority except as provided in ... (a) The board may adopt and enforce rules, subject to the restrictions of Section 64.092(12) of this code, relating to the quality of all water ... (a) An interested person affected by a law, rule, order, or act entered, made, or adopted by the authority who is dissatisfied with the law, ... The authority is authorized to acquire and own water permits on compliance with the provisions of Chapter 11, Water Code. Added by Acts 1979, 66th ... The ownership and rights of the owner of the land, his or her lessees and assigns, in underground water are recognized. Nothing in this chapter ... Nothing in this chapter shall ever be construed as giving the Ogallala Water Import Authority the right or the power to supercede, preempt, or otherwise ... (a) The board shall keep complete and accurate accounts, conforming to approved methods of bookkeeping, and those accounts and contracts, documents, and records of the ... (a) The board shall designate one or more banks within the authority to serve as depository for the funds of the authority. Funds of the ... In consideration of the fact that the authority may be incurring some obligations and making some expenditures before funds are available to pay the obligations ... For the purpose of providing a source of imported water for beneficial purposes permitted by law, and for the purpose of carrying out any other ... Bonds may be authorized by resolution of the board, bear the date or dates, mature at the time or times, bear interest at the rate ... Bonds may be secured by a pledge of all or any part of the net revenues or by all or any part of the taxes ... If bonds are issued payable wholly or partially from ad valorem taxes, it is the duty of the board to levy a tax sufficient to ... If bonds or other contracts payable wholly or partially from revenues are issued or entered into, it is the duty of the board to establish ... From the proceeds of the sale of bonds, the authority may set aside an amount for the payment of interest expected to accrue during construction ... In the event of a default or a threatened default in the payment of principal of or interest on bonds payable wholly or partially from ... Bonds issued by the authority under this subchapter constitute negotiable instruments within the meaning of the law of this state pertaining to negotiable instruments. Before ... Pending the issuance of definitive bonds, the authority is authorized to issue and deliver interim or temporary bonds. The interim or temporary bonds issued may ... The board may issue refunding bonds for the purpose of refunding any outstanding bonds authorized by this subchapter and the interest on the bonds without ... Any bonds, including refunding bonds, authorized by this subchapter, not payable wholly from ad valorem taxes, may be secured additionally by a trust indenture under ... No bonds supported by taxes, except refunding bonds, may be issued unless authorized by an election in the manner provided by Chapter 54 of this ... All bonds of the authority are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance ... The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for the improvement of their ... After an election in which a majority of those voting give their approval, taxes may be levied, assessed, and collected by the authority on an ... (a) Where applicable and not in conflict with this subchapter, the laws contained in Chapter 54 of this code, with reference to tax assessors and ... For the purpose of making payments pursuant to contracts entered into by the authority with the United States, the state, or districts, the authority, in ... (a) In ascertaining the benefits derived through a contract, and in establishing zones of benefit, the authority shall consider all of the following: (1) improvement ... (a) No assessment is to be levied under this subchapter unless the board, by resolution, declares that it intends to do so and that a ... Assessments made within zones of benefit shall be levied on all taxable property within the zone of benefit on an ad valorem basis. Added by ... Before an assessment may be levied and collected in a zone of benefit, an election shall be held in the zone, as designated by the ... Additional territory may be added to the authority with its prior consent by annexation in the manner provided in this subchapter. Added by Acts 1979, ... (a) A petition requesting annexation, signed by at least 50 or by a majority of the qualified voters residing within the territory to be annexed, ... If the petition is signed by the required number of qualified voters and complies with Section 64.252 of this code, the board, provided two-thirds of ... (a) Notice of the adoption of a resolution setting the time and place of hearing shall be published at least one time in one or ... (a) Interested persons who reside within the authority or within the territory seeking annexation may appear at the hearing and offer evidence for or against ... If, at the conclusion of the hearing, the board finds that the land in the territory will be benefitted by the proposed annexation, and further ... Notice of election, stating the election date, the proposition or propositions to be voted on, the conditions under which the territory may be annexed, or ... The qualifications of voters in elections held under this subchapter are those specified in the constitution and the procedures for conducting elections and for voting ... The board may call, supervise, conduct, make returns, canvass, and declare results, and otherwise provide for the proper conduct of elections. Added by Acts 1979, ... (a) Not less than three nor more than seven days after the election, or as soon after that time as practicable, the board shall canvass ... (a) In calling an election for the proposition of annexation of territory, the board of directors shall include as a part of the same election, ... The owner or owners of land contiguous to an authority or otherwise may be included in the authority in the same manner and under the ... The board shall furnish the commission a detailed description of land annexed to the authority within 30 days after the annexation. Added by Acts 1979, ... A county in the authority may be disannexed from the authority in the manner provided in this subchapter. Added by Acts 1979, 66th Leg., p. ... (a) A petition requesting disannexation, signed by at least five percent of the qualified voters residing within the county to be disannexed, who own taxable ... On receiving a petition under Section 64.302 of this code, the board shall adopt a resolution calling an election in the county named in the ... Notice of election, stating the election date, the proposition or propositions to be voted on, and the place or places for holding the election, shall ... The qualifications of voters in elections held under this subchapter are those specified in the constitution and the procedures for conducting elections and for voting ... The board may call, supervise, conduct, make returns, canvass, and declare results, and otherwise provide for the proper conduct of elections. Added by Acts 1979, ... (a) Not less than three nor more than seven days after the election, or as soon after that time as practicable, the board shall canvass ... (a) If a county is disannexed from the authority at a time when the authority has outstanding debt, the disannexed county is not released from ... Last modified: August 11, 2007 |
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