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2005S1071-1 04/29/05
By: Armbrister S.B. No. 1891
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the La Salle Water Control and
Improvement District No. 1; providing the authority to impose a tax
and issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9008 to read as follows:
CHAPTER 9008. LA SALLE WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9008.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district or its successors or assigns.
(2) "Commission" means the Texas Commission on
Environmental Quality or its successors or assigns.
(3) "District" means the La Salle Water Control and
Improvement District No. 1 or its successors and assigns.
Sec. 9008.002. CREATION. A conservation and reclamation
district to be known as the La Salle Water Control and Improvement
District No. 1 is created in Calhoun County, Texas, subject to
approval at a confirmation election to be conducted in accordance
with Section 9008.053.
Sec. 9008.003. AUTHORITY FOR CREATION. The district is a
governmental agency and a political subdivision of this state and
is created under and is essential to accomplish the purposes of
Section 52, Article III, and Section 59, Article XVI, Texas
Constitution.
Sec. 9008.004. FINDING OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 52, Article III, and Section 59, Article XVI,
Texas Constitution. The district may enter into contracts with
owners of real property within the district for the construction,
acquisition, financing, ownership, maintenance, and operation of
such works and projects to provide water, sanitary sewer, drainage,
and road services to each portion of the district not actually
receiving such services on the effective date of the Act creating
this chapter.
Sec. 9008.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act creating this chapter form a closure. A
mistake in the field notes or in copying the field notes in the
legislative process does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to impose ad valorem taxes; or
(3) legality or operation.
[Sections 9008.006-9008.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS; CONFIRMATION ELECTION
Sec. 9008.051. BOARD OF DIRECTORS. (a) The district shall
be governed by a board of five directors.
(b) The following five persons shall serve as temporary
directors of the district until permanent directors are elected
under Section 9008.053:
(1) Douglas A. Baker;
(2) W. H. "Bill" Bauer, Jr.;
(3) Waymond Boyd;
(4) Lawrence A. Korenek; and
(5) Edwin A. Wagner.
(c) Permanent directors shall serve staggered four-year
terms.
(d) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
Sec. 9008.052. APPOINTMENT OF TEMPORARY DIRECTORS. (a) If
for any reason a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(b) As soon as practicable after all of the temporary
directors have qualified, the temporary directors shall meet and
elect officers from among their membership.
Sec. 9008.053. CONFIRMATION AND PERMANENT DIRECTORS'
ELECTION. Before September 1, 2007, the temporary board of
directors of the district shall call and hold an election to confirm
establishment of the district and to elect five permanent directors
in the manner provided by Chapter 49, Water Code.
[Sections 9008.054-9008.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9008.101. GENERAL POWERS. (a) The district has all
of the rights, powers, privileges, authority, functions, and duties
provided by the general law of this state to water control and
improvement districts, including Chapters 49 and 51, Water Code,
and all general powers granted to a conservation and reclamation
district created under Section 52, Article III, and Section 59,
Article XVI, Texas Constitution. The district has the specific
powers granted by Section 53.029, Water Code, if the exercise of
those powers is approved at an election called and held for that
purpose. This chapter prevails over any provision of general law
that is in conflict or inconsistent with this chapter.
(b) The district shall specifically have authority to use
proceeds from the sale of its bonds to acquire improvements or
facilities from a private water supply corporation or political
subdivision of this state to furnish water or sanitary sewer
services to territory within the district's boundaries.
(c) The district may divide itself into two or more
districts in the manner specified in Section 53.029, Water Code.
Sec. 9008.102. ADDITIONAL POWERS. (a) The district has
the additional rights, powers, privileges, authority, and
functions provided by this section.
(b) To the extent authorized by Section 52, Article III, and
Section 59, Article XVI, Texas Constitution, including, but not
limited to, the authority of the district pursuant to an election
held in accordance with Section 53.029, Water Code, the district
may provide for the construction, acquisition, financing,
maintenance, and operation of macadamized, graveled, or paved roads
or improvements in aid of those roads.
(c) The district may provide water, sanitary sewer,
drainage, and road services to each portion of the district not
actually receiving such services on the effective date of the Act
creating this chapter and enter into contracts with landowners
within the district to construct, acquire, finance, own, maintain,
and operate works and projects to provide such services. The
district may use proceeds from the sale of its bonds to acquire
improvements or facilities to provide such services. No portion of
the district is located within the boundaries of a municipality nor
within the extraterritorial jurisdiction of a municipality.
Sec. 9008.103. EMINENT DOMAIN. The district has the power
of eminent domain granted by the general laws to water control and
improvement districts.
[Sections 9008.104-9008.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 9008.151. BONDS; AD VALOREM TAX. (a) The district
may issue bonds as provided by Chapters 49 and 51 and Section
53.029, Water Code, and the general laws of this state.
(b) The district may issue bonds, notes, or other
obligations of the district to finance the construction,
maintenance, and operation of macadamized, graveled, or paved roads
and turnpikes or improvements in aid of those roads and turnpikes.
The district may impose an ad valorem tax to pay the principal of or
interest on bonds issued under this subsection.
(c) The district may not issue bonds under Section 53.029,
Water Code, unless the issuance is authorized by a vote of a
two-thirds majority of the qualified voters of the district voting
at an election called for that purpose. Bonds, notes, or other
obligations issued or incurred under Section 53.029, Water Code,
may not exceed one-fourth of the assessed value of the real property
in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
projects undertaken by the district under Section 53.029, Water
Code.
Sec. 9008.052. AD VALOREM PLAN OF TAXATION. The district
shall use the ad valorem plan of taxation.
SECTION 2. As of the effective date of this Act, the La
Salle Water Control and Improvement District No. 1 includes all
territory contained in the following described area:
All of that certain tract or parcel containing 3396.3 acres, being
1934.1 acres situated in the Faustino Albarado Survey, Abstract No.
1 and 1462.2 acres situated in the Cleto Garcia Survey, Abstract No.
14 of Calhoun County, Texas and being a part of the same property
described as 13,326.88 acres in Exhibit "A" in Deed dated December
13, 1995 from W. H. Bauer, et ux, to Bauer Family Ranches, LTD., a
Texas Limited Partnership recorded in Volume 153, Page 15 of the
Official Records of Calhoun County, Texas. This 3396.3 acres is
more particularly described by metes and bounds as follows:
BEGINNING in the North line of the above referenced 13,326.88 acre
tract at the intersection of the Northerly projection of the West
line of a 1019.707 acre tract described in deed recorded in Volume
175, Page 521 of the Calhoun County Official Records and in the
North line of 8.163 acre tract described as Part II in Right-of-Way
Easement described in Volume 263, Page 509 of the Calhoun County
Deed Records for Northeast corner of this 3396.3 acres being
described;
THENCE South 25° 50' 49" East, with the Northerly projection of the
West line of the said 1,019.707 acre tract, pass the South line of
the said 8.163 acre tract and the present Right-of-Way of State
Highway No. 185 and the Northwest corner of the said 1,019.707 acre
tract at a distance of 13.00 feet, and continuing with the West line
of the said 1,019.707 acre tract and continuing a total distance of
6,706.96 feet to the Northwest line of the Intracoastal Waterway
(Volume 33, Page 618 of the Calhoun County Deed Records) and the
Southwest corner of the said 1,019.707 acre tract for the Southeast
corner of this 3396.3 acres being described;
THENCE South 61° 15' 14" West, with the Northwest line of the said
Intracoastal Waterway a distance of 1,613.99 feet to a point of
curve for corner of this 3396.3 acres being described;
THENCE with the Northwest line of the said Intracoastal Waterway
along a curve to the right with a Delta of 00° 50' 41"; a Radius of
5,423.42 feet; and a Long Chord of South 61° 40' 35" West a distance
of 79.95 feet to a point of tangency for a corner of this 3396.3
acres being described;
THENCE South 62° 05' 55" West, with the Northwest line of the said
Intracoastal Waterway a distance of 13,506.22 feet to a point for a
corner of this 3396.3 acres being described;
THENCE North 25° 50' 49" West, a distance of 12,751.14 feet to a
point in the North line of the 13,326.88 acre tract and the North
line of the said Right-of-Way Easement for the West corner of this
3396.3 acres being described;
THENCE North 83° 58' 28" East, with the North line of the said
13,326.88 acre tract and the North line of said Right-of-Way
Easement a distance of 16,145.90 feet to the PLACE OF BEGINNING,
containing within these metes and bounds 3396.3 acres.
The bearings and distances recited herein refer to Texas State
Plane Lambert Grid Nad 83 (1986) and are based on NGS Monument
"Porto 2" with published coordinates of (Northing = 13,348,963.42)
and (Easting = 2,779,103.72).
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendation relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.