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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration and powers of the Canadian River |
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Municipal Water Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5(b), Chapter 243, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended to read as follows: |
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(b). The Board of Directors shall hold regular meetings, the |
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date thereof to be established in the District's bylaws or by |
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resolution. The President or any three members may call such |
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special meetings as may be necessary in the administration of the |
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District's business, provided that at least five days prior to the |
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meeting date, the Secretary shall have mailed notice thereof to the |
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address which each member shall file with the Secretary. Notices of |
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special meetings may be waived in writing by any Director. The |
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Board of Directors or Board committees may hold meetings by |
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telephone conference call, videoconference call, or through |
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communications over the Internet, in accordance with procedures |
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provided by Subchapter F, Chapter 551, Government Code, if |
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determined to be necessary or convenient by the President or any |
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three members. A closed meeting of the Board of Directors that is |
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authorized under Chapter 551, Government Code, may include officers |
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and employees of constituent cities of the District and other |
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persons the Board determines to be necessary or helpful. Each |
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Director shall receive a fee as provided by general law [of not more
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than Fifty ($50.00) Dollars for each attendance at a Board meeting
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and a fee of not more than Fifty ($50.00) Dollars] for each day |
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devoted to District business [other than a Board meeting]. Each |
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Director is also entitled to reimbursement for actual expenses |
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incurred in carrying out District business, including attending a |
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Board meeting. Payment to a Director for services performed and |
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expenses incurred is subject to the approval of a majority of the |
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Board. |
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SECTION 2. Section 13, Chapter 243, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended to read as follows: |
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Sec. 13. DISTRICT POWERS. In addition to those herein |
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otherwise mentioned, the District shall be and is hereby authorized |
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to exercise the following powers, rights, privileges and functions: |
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(a) To store, control, conserve, protect, distribute and |
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utilize within or without the District or within or without the |
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state the storm and flood waters and unappropriated flow of the |
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Canadian River and its tributaries, and to prevent the escape of any |
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such waters without first obtaining therefrom a maximum of public |
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benefit, by the construction of a dam or dams across said river and |
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its tributaries, or otherwise, by complying with Chapter 11, Water |
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Code, and in such manner as shall fully recognize and be in harmony |
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with the limitations of use of the waters of said river provided in |
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the "Canadian River Compact" appearing as Chapter 43, Water Code. |
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The District is also empowered to provide by purchase, contract, |
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lease, gift, or in any other lawful manner, and to develop all |
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facilities within or without the District or within or without the |
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state deemed necessary or useful for the purpose of storing, |
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controlling, conserving, protecting, distributing, processing and |
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utilizing such surface water and the transportation thereof to the |
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cities and areas comprising the District for municipal, domestic, |
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industrial and other useful purposes permitted by law. |
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(b) To acquire and develop within or without the District or |
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within or without the state any other available source of surface, |
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storm, flood, underground, or other water supply and to construct, |
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acquire and develop all facilities deemed necessary or useful with |
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respect thereto. |
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(c) To acquire, construct, develop, operate, and maintain |
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any and all property of any kind, real, personal, or mixed, or any |
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interest in property whether within or without the District or |
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within or without the state and to enter into any contracts with any |
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person or legal entity and take all actions necessary or convenient |
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in order to protect and preserve, and to prevent, eliminate, |
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reduce, or minimize the pollution, contamination, or deterioration |
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of the quality of, the water of the Canadian River or any of its |
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tributaries or the water of any other source of water supply to the |
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District in order to facilitate the use of the water for any lawful |
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purpose. |
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(d) To acquire, construct, develop, operate, and maintain |
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any facilities or systems for drilling, pumping, capturing, |
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reducing, intercepting, eliminating, impounding, controlling, |
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using, injecting or otherwise capturing and disposing of brine, |
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brackish water, saltwater, saline water, or other water |
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contaminated by any type of chlorine, sodium, sulfates, or other |
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chemical condition or characteristic detrimental to the quality of |
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the water, whether the source of contaminated water is groundwater |
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or surface water, within or without the District or within or |
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without the state, and whether the facilities or systems are |
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located within or without the District or within or without the |
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state. |
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(e) To acquire or utilize surface or underground water |
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rights and to develop surface or underground water resources in any |
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manner in furtherance of the purposes described in Subsections (c) |
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and (d) of this section. |
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(f) To declare any facilities or system acquired or |
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constructed under Subsections (a) through (e) of this section to be |
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a part of the District's water supply system. |
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(g) To acquire by purchase, construction, lease, gift, or in |
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any other lawful manner, and to maintain, use and operate any and |
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all property of any kind, real, personal or mixed, or any interest |
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therein, within or without the boundaries of the District or within |
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or without the state, necessary or convenient to the exercise of the |
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powers, rights, privileges and functions possessed by the District |
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under this Act. |
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(h) To acquire by condemnation any and all property of any |
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kind, real, personal, or mixed, or any interest therein, within or |
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without the boundaries of the District, necessary or convenient to |
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the exercise of the powers, rights, privileges and functions |
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possessed by the District, in the manner provided by Chapter 21, |
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Property Code, relating to eminent domain. The amount of and |
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character of the property thus to be acquired shall be determined by |
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the Board of Directors, provided that the District shall not have |
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the right to so condemn any property which may be owned by any other |
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political subdivision, city or town; provided, however, that as |
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against persons, firms, and corporations, or receivers or trustees |
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thereof, who have the power of eminent domain, the fee title may not |
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be condemned, but the District may condemn only an easement. It is |
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specifically provided, however, that the District does not have the |
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authority to condemn underground water rights. |
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(i) To sell or otherwise dispose of any surplus property of |
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any kind, real, personal, or mixed, or any interest therein, which |
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shall not be necessary to the operation of the District in |
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accordance with general law applicable to a municipality or to a |
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district created under Section 59, Article XVI, Texas Constitution |
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[; provided, however, that in all cases in which the Board of
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Directors considers the value of such property to be in excess of
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One Thousand ($1,000.00) Dollars, same shall be sold only upon
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advertisement and competitive bids]. |
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(j) To require the relocation of roads and highways in the |
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manner and to the extent permitted to Districts organized under |
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Section 59 of Article XVI of the Texas Constitution; the cost of |
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relocation of any roads, highways or railroads or telephone or |
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telegraph properties or facilities made necessary by this Act and |
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any reasonable actual damage incurred in changing and adjusting the |
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lines and grades of railroads or such highways or roads or telephone |
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or telegraph properties or facilities shall be paid by the |
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District. |
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(k) To make contracts with any person or legal entity, |
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including the United States, the state, any political subdivision |
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or body politic and corporate of the state, any other state, any |
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political subdivision or body politic and corporate within any |
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other state, and any interstate compact commission or similar |
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organization, necessary or convenient to the exercise of the |
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powers, rights, privileges and functions of the District and to |
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take all actions and execute all instruments necessary or |
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convenient to the exercise of the powers, rights, privileges and |
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functions of the District. |
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(l) To make or cause to be made surveys and engineering |
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investigations for the information of the District, to facilitate |
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the accomplishment of the purposes for which it is created. |
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(m) To borrow money for its corporate purposes, and without |
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limitation of the generality of the foregoing to borrow money and |
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accept grants, gratuities or other support from the United States |
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of America or the State of Texas, or from any corporation or agency |
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created or designated by the United States of America or the State |
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of Texas, and, in connection with any such loan, grant, or other |
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support, to enter into such arrangement with the United States of |
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America or the State of Texas or such corporation or agency, of |
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either as the District may deem advisable. |
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(n) To make and issue its negotiable bonds for moneys |
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borrowed in the manner and to the extent provided in this Act and |
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with reference thereto or otherwise to contract in any manner it |
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shall see fit and as may be required by any law pertaining to loans, |
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grants or other support received from the United States of America |
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or the State of Texas or from any corporation or agency, of either |
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of them. |
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(o) To make such contracts in the issuance of bonds as may be |
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considered necessary or convenient to insure the marketability |
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thereof. |
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(p) To sue or be sued in its corporate name, provided that if |
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the District prevails in a suit against a person or governmental |
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entity entitled to recover attorney's fees, costs for expert |
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witnesses, or any other related costs, the District is entitled to |
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recover those fees and costs according to the same terms that would |
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have governed recovery for the other person or governmental entity |
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if the District had not prevailed. |
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(q) To adopt, use and alter a corporate seal. |
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(r) To make by-laws for the management and regulation of its |
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affairs. |
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(s) To fix and collect charges and rates for water services |
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furnished by it and to impose penalties for failure to pay such |
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charges and rates when due, provided that such charges, rates and |
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penalties shall be fixed only by unanimous vote of the members of |
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the Board of Directors constituting a quorum and who are present at |
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a regular meeting. |
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(t) To cooperate and to enter into contracts with cities, |
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persons, firms, corporations and public agencies for the purpose of |
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supplying and selling them surface, storm, flood, underground, and |
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other water for municipal, domestic, industrial, and other useful |
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purposes permitted by law, provided that cities and areas |
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constituting the District shall be accorded priority in the |
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allocation of the District's available surface, storm, flood, |
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underground, and other water, and the Board of Directors shall |
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prescribe rules to effectuate this provision. Any such contract |
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may be upon such terms and for such time as the parties may agree, |
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and it may provide that it shall continue in effect until the |
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District's bonds specified therein and refunding bonds issued in |
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lieu of such bonds are fully paid. The authority of each member or |
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other city to enter into any contract with the District for the sale |
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of water or other services or for any other purpose within the |
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powers, rights, privileges, and functions of the District is vested |
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exclusively in the governing body of each member or other city |
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notwithstanding any provision of any home rule charter or any local |
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ordinance of such member or other city, or of any other provision of |
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any other law placing any restriction, limitation, or requirement |
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on the authority of the governing body of any member or other city |
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to enter into any such contract. No provision of the home rule |
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charter or of any other ordinance of any member or other city, and |
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no provision of any other law in conflict herewith will invalidate |
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or impair, in whole or in part, the enforceability and validity of |
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any contract entered into by the District with any member or other |
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city pursuant to the powers, rights, and privileges or functions of |
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the district. In the event the District shall have contracted with |
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the United States Government or any of its agencies for a source of |
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water supply or for the furnishing of any facilities necessary or |
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useful to the District in carrying out its purposes, any such |
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contract entered into under authority hereof may provide that it |
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shall continue until the District has fully discharged all |
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obligations incurred by it under the terms of its contract with the |
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United States Government or its agencies. The District is also |
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authorized to purchase surface, storm, flood, underground, and |
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other water supply from any person, firm, corporation or public |
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agency, or from the United States Government or any of its agencies. |
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(u) To operate and maintain with the consent of the |
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governing body of any city or town located within the District, any |
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works, plants or facilities of any such city deemed necessary or |
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convenient to the accomplishment of the purposes for which the |
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District is created. |
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(v) To levy, assess and collect ad valorem taxes to provide |
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funds necessary to construct or acquire, maintain and operate |
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improvements, works, plants and facilities deemed essential and |
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beneficial to the District upon a favorable majority vote of the |
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qualified property taxpaying electors voting at an election held |
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for that purpose within the District; and also, when so authorized, |
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to levy, assess and collect taxes to provide funds adequate to |
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defray the cost of the maintenance and operation and administration |
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of the District. Elections for the voting of such taxes shall be |
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ordered by the Board of Directors and shall be held and conducted as |
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provided herein for elections for the issuance of bonds and the levy |
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of taxes in support thereof. When so levied such taxes, as well as |
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taxes hereinafter provided to be levied in support of bond |
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indebtedness, shall constitute a lien on the property against which |
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such taxes are levied and assessed, and limitations shall not bar |
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the collection and enforcement thereof. |
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(w) To do any and all acts and things necessary or |
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convenient to the exercise of the powers, rights, privileges or |
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functions conferred upon or permitted the District by any other |
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law. |
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SECTION 3. Section 14, Chapter 243, Acts of the 53rd |
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Legislature, Regular Session, 1953, is amended to read as follows: |
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Sec. 14. [Awarding Construction or Purchase] Contracts. |
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The District may negotiate, enter, and modify a contract in |
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accordance with general law applicable to a municipality or to a |
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district created under Section 59, Article XVI, Texas Constitution |
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[Any contract requiring an expenditure of more than Twenty-five
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Thousand ($25,000.00) Dollars shall not be made until after
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publication of a notice to bidders once each week for two weeks
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before awarding the contract. Such notice shall be sufficient if it
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states the time and place when and where the bids will be opened,
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the general nature of the work to be done, or the material,
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equipment or supplies to be purchased, and states when and upon what
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terms copies of the plans and specifications may be obtained. The
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publication shall be in a newspaper published in the District
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designated by the Board of Directors]. |
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SECTION 4. Section 13, Chapter 243, Acts of the 53rd |
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Legislature, Regular Session, 1953, as amended by this Act, applies |
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only to a suit filed on or after the effective date of this Act. A |
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suit filed before that date is governed by the law in effect on the |
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date the suit is filed, and that law is continued in effect for that |
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purpose. |
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SECTION 5. Section 14, Chapter 243, Acts of the 53rd |
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Legislature, Regular Session, 1953, as amended by this Act, applies |
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only to a contract entered into on or after the effective date of |
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this Act. A contract entered into before that date is governed by |
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the law in effect on the date of the contract, and that law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |