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