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A BILL TO BE ENTITLED
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AN ACT
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relating to the law governing the Lower Neches Valley Authority; |
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providing authority to issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 63, Acts of the 43rd Legislature, 1st |
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Called Session, 1933, is amended by amending Sections 1, 4, 5, 6, 7, |
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8, 9, 10, 11, 12, 13, 13A, 14, 16, 17, 18, 19, 21, 24, 27, 27-a, 28, |
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29, 29-a, and 29-d and adding Sections 13A-1 through 13A-6 to read |
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as follows: |
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Sec. 1. That there shall be and is hereby created a |
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conservation and reclamation district by the name of "Lower Neches |
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Valley Authority," which district is created as a governmental |
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agency, body politic and corporate, vested with all the authority |
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as such under the Constitution and Laws of the State; and which |
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shall have and be recognized to exercise all of the powers of such |
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governmental agency and body politic and corporate as are expressly |
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authorized in the provisions of the Constitution, Section 59 of |
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Article 16, for districts created to conserve, store, control, |
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preserve, utilize and distribute the storm and flood waters and the |
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waters of the rivers and streams of the State, and such powers as |
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may be [contemplated and] implied by the purposes of this provision |
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of the Constitution, and as may be conferred by General Law, as well |
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as by the provisions of this Act, except nothing herein contained |
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shall authorize said district to levy any taxes or special |
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assessments, or to create any debt payable out of taxation; and said |
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district shall have and be recognized to exercise all the rights and |
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powers of an independent governmental agency, body politic and |
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corporate, to construct, maintain and operate, in the Neches River |
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basin and the adjoining Neches-Trinity coastal basin [valleys of
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the Neches River and its tributaries], within or without the |
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boundaries of such district, any and all works deemed essential to |
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the operation of the district and for its administration in the |
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control, storing, preservation and distribution to all useful |
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purposes of the waters of the Neches River basin and the adjoining |
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Neches-Trinity coastal basin [and its tributary streams], |
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including the storm and flood waters thereof; and such district |
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shall have and be recognized to exercise such authority and power of |
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control and regulation over such waters [of the Neches River and its
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tributaries] as may be exercised by the State of Texas, subject to |
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the provisions of the Constitution and the Acts of the Legislature. |
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Sec. 4. [The directors of the district shall organize by
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electing one of their members president, one vice-president, one
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treasurer, and one secretary.] Five [(5)] directors shall |
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constitute a quorum at any meeting and a concurrence of a majority |
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of the directors [those] present shall be sufficient in all matters |
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pertaining to the business of the district[, except the letting of
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construction contracts and the authorization of issuance of
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warrants paying therefor, which shall require the concurrence of
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seven (7) directors. Warrants for the payment of money may be drawn
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and signed by two (2) officers or employees designated by standing
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order entered on the minutes of the directors when such accounts
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have been contracted and ordered paid by the Board of Directors]. |
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[Sec.
5.
The directors of the district shall require all
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officers and employees who shall be charged with the collection or
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paying or handling of any funds of the district under their orders,
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to furnish good and sufficient bonds, with a duly authorized surety
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company as surety thereon, payable to the district, conditioned
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upon the faithful performance of their duties and accounting for
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all funds and property of the district coming into their hands,
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which bonds shall be in sufficient sums to safeguard the district.
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[Sec.
6.
The president shall preside at all meetings of the
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Board and shall be the chief executive officer of the district. The
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vice-president shall act as president in case of the absence or
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disability of the president. The secretary shall act as secretary
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of the Board of Directors and shall be charged with the duty of
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seeing that all records and books of the district are properly kept.
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In case of the absence or inability of the secretary to act, a
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secretary pro tem shall be selected by the directors. The directors
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shall hold regular meetings at the office of the district on the
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first Monday in February, May, August and November of each year at
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10 o'clock A. M., and may hold other meetings at such other times as
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the business of the district may require.] |
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Sec. 7. (a) A director is entitled to receive a fee of office |
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for each day of service approved by a vote of the Board of Directors |
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and necessary to discharge the director's duties. |
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(b) The Board of Directors shall set the fee described by |
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Subsection (a) in an amount not greater than the amount allowed |
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under general law. [The directors shall receive as fees of office
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the sum of not to exceed Ten ($10.00) Dollars per day for each day of
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service necessary to discharge of their duties, provided such
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service is authorized by vote of the Board of Directors. They shall
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file with the secretary a verified statement showing the actual
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number of days of service each month on the last day of the month, or
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as soon thereafter as possible and before a warrant shall be issued
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therefor.
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[Sec.
8.
The directors shall keep a true and full account of
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all their meetings and proceedings and maintain their records in a
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secure manner. The same shall be the property of the district and
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subject to public inspection. A regular office shall be established
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and maintained for conduct of the district business within the
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district.
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[Sec.
9.
A complete book of accounts shall be kept. The
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account books and records of the district and of the depository of
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the district shall be audited by a Certified Public Accountant
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annually as soon as practicable after the expiration of each year,
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such audit to cover the preceding calendar year, and report thereon
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shall be submitted to the first regular meeting of the Board of
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Directors thereafter. Said report shall be in quadruplicate, one
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copy being filed in the office of the district, one with the
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depository of the district, one in the office of the auditor and one
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with the State Board of Water Engineers, all of which shall be open
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to public inspection.
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[Sec.
10.
The directors may employ a general manager for the
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district and may give him full authority in the management and
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operation of the district affairs (subject only to the orders of the
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Board of Directors). The term of office and compensation to be paid
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such managers and all employees shall be fixed by the Board of
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Directors and all employees may be removed by the Board.
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[Sec.
11.
All bonds required to be given by directors,
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officers and employees of the district shall be executed by a surety
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company authorized to do business in the State, as surety thereon;
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and the district shall be authorized to pay the premiums on such
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bonds.
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[Sec.
12.
No director of any such district, engineer or
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employees thereof shall be, directly or indirectly, interested
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either for themselves or as agents for any one else in any contract
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for the purchase or construction of any work by said district, and
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if any such person shall, directly or indirectly, become interested
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in any such contract, he shall be guilty of a misdemeanor, and on
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conviction thereof shall be punished by a fine in any sum not to
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exceed One Thousand ($1,000.00) Dollars, or by confinement in the
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county jail not less than six months nor more than one year, or by
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both fine and imprisonment.] |
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Sec. 13A-1 [13]. In [The said district shall have and be
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recognized to exercise, in] addition to all the hereinbefore |
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mentioned powers, and for the conservation and beneficial use |
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[utilization] of the [said] waters of the Neches River basin and the |
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adjoining Neches-Trinity coastal basin, including storm water and |
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floodwater, the district may[, the power of] control and use such |
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waters [employment of such waters of the Neches River and its
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tributaries, including the storm and floodwaters thereof,] in the |
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manner and for the particular purposes described below [hereinafter
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set forth]: |
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(a) to [To] provide through practical and legal means for |
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the control and coordination of the regulation of such [the] |
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waters; [of the Neches River and its tributary streams.] |
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(b) to [To] provide by adequate organization and |
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administration for the preservation of the equitable rights of the |
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people of the different sections of the watershed area in the |
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beneficial use of such [the] waters; [of the Neches River and its
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tributary streams.] |
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(c) for [For] storing, controlling and conserving such |
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[the] waters inside or outside the [of the Neches River and its
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tributaries within and/or without such] district, and the |
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prevention of the escape of any of such waters without the maximum |
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of public service; for the prevention of devastation of lands from |
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recurrent overflows, and the protection of life and property in the |
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[such] district from uncontrolled flood waters;[.] |
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(d) for [For] the conservation of such [the] waters [of the
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Neches River and its tributaries] essential for the domestic and |
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municipal uses of the people of the district;[, including all
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necessary water supplies for cities and towns.] |
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(e) for [For] the irrigation of all lands in the [said] |
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district or outside the [and/or lands without said] district but |
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within the Neches River basin and the adjoining Neches-Trinity |
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coastal basin [said watershed area, where irrigation is required
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for agricultural purposes, or may be deemed helpful to more
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profitable agricultural production]; and for the equitable |
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distribution of such [said] waters to the regional potential |
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requirements for all uses[, domestic, manufacturing, and
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irrigation]. All plans and all works provided by the [said] |
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district, and as well, all works which may be provided under |
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authority of the [said] district, shall have primary regard to the |
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necessary and potential needs for water, by or within the area in |
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the [such] district constituting the Neches River basin and the |
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adjoining Neches-Trinity coastal basin; [water shed of the Neches
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River and its tributary streams.] |
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(f) to provide for [For] the [better encouragement and
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development of drainage systems and provisions for] drainage of |
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lands in the Neches River basin and the adjoining Neches-Trinity |
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coastal basin; [valleys of the Neches River and its tributary
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streams needing drainage for profitable agricultural production;
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and drainage for other lands in the watershed area of the district
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requiring drainage for the most advantageous use.] |
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(g) to encourage [For the purpose of encouraging] the |
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conservation of soil and to prevent [all soils against] destructive |
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erosion; [and thereby preventing the increased flood menace
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incident thereto.] |
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(h) to [To] control such waters and make such waters |
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available for use [employment said waters] in the development of |
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commercial and industrial enterprises in the Neches River basin and |
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the adjoining Neches-Trinity coastal basin or [all sections of the
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watershed area of] the district;[.] |
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(i) to [For the] control, store, [storing] and use such |
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[employment of said] waters in the development and distribution of |
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hydroelectric power, if that [where such] use is [may be] |
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economically coordinated with and subordinate to other [and
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superior uses, and subordinated to the] uses declared by law to be |
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superior; and[.] |
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(j) [And] for each and every purpose for which flood and |
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storm waters when controlled and conserved may be utilized in the |
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performance of a useful service as [contemplated and] authorized |
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by the provisions of the Constitution and the public policy therein |
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declared. |
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(k) Nothing in this section is a limitation on the powers of |
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the district expressed elsewhere in this Act or under other law. |
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Sec. 13A-2. The district may [To] purchase or [and/or] |
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construct all works necessary or convenient for the exercise of the |
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powers and to accomplish the purposes specified in this Act, and may |
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[to] purchase or otherwise acquire all lands or [and/or] other |
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property necessary or convenient for carrying out any such |
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purposes. |
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Sec. 13A-3. [(l)] The right of eminent domain is expressly |
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conferred upon such district to enable it to acquire the fee simple |
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title to, and/or easement or right-of-way over and through, any and |
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all lands, water or lands under water, private or public, within and |
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without such district, necessary or convenient to carry out any of |
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the purposes and powers conferred upon such district by this Act. |
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All such condemnation proceedings shall be under the direction of |
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the direction of the directors and in the name of the district, and |
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the assessment of damages and all procedure with reference to |
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condemnation, appeal and payment shall be in conformity with the |
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statutes of this State as provided in the title of the Revised |
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Statutes relating to "Eminent Domain." |
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Sec. 13A-4. (a) [(m)] The Board of Directors of the [said] |
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district shall prescribe fees and charges to be collected for the |
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use of water, water connections or other services [service], which |
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fees and charges shall be reasonable and equitable and fully |
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sufficient to produce revenues adequate to pay, and the [said] |
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Board of Directors shall cause to be paid therefrom: |
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(1) all [All] expenses necessary to the operation and |
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maintenance of the improvements and facilities of the [said] |
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district. Such operating and maintenance expenses shall include the |
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cost of the acquisition of properties and materials necessary to |
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maintain the [said] improvements and facilities in good condition |
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and to operate them efficiently, necessary wages and salaries of |
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the district, and such other expenses as may be reasonably |
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necessary to the efficient operation of the [said] improvements and |
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facilities;[.] |
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(2) the [The annual or semi-annual] interest upon any |
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obligations issued hereunder payable out of the revenues of said |
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improvements and facilities; and[.] |
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(3) the [The] amount required to be paid [annually
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into the sinking fund] for the payment of any obligations issued |
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hereunder payable out of the revenues of said improvements and |
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facilities. |
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(b) Out [No other charge shall be made upon the revenues
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derived from said improvements and facilities so long as any
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obligations issued hereunder shall remain outstanding and unpaid as
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to principal or interest; provided, however, that out] of revenues |
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which may be received in excess of those required for the purposes |
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listed in the above Subsections (a)(1) [sub-paragraphs (1)], (2) |
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and (3), the Board of Directors may pay the cost of improvements and |
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replacements not covered by Subsection (a)(1) [said sub-paragraph
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(1)], and may establish a reasonable depreciation and emergency |
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fund. |
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(c) It is the intent of this Act that the fees and charges of |
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the [such] district shall not be in excess of what may be reasonably |
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necessary to fulfill the obligations imposed upon the [said] |
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district by this Act. |
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Sec. 13A-5. The [(n)
Such district through its Board of
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Directors, shall have the right to employ managers, engineers,
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attorneys, and all necessary employees to properly construct,
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operate and maintain said works and carry out the provisions of this
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Act and to pay reasonable compensation fixed by the Board of
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Directors for such services.
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[(o) Such] district, in addition to the powers hereinabove |
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set out, shall have general power and authority to make and to enter |
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into all contracts, leases, and agreements necessary or convenient |
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to carry out any of the powers granted in this Act, which contracts, |
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leases, and agreements may be entered into with any person, real or |
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artificial, any corporation, municipal, public or private, or |
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[and/or] any government or governmental agency, including the |
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United States Government and the State of Texas, and may convey or |
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cause to be conveyed any of its properties, rights, lands, |
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tenements, easements, improvements, reservoirs, dams, canals, |
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plants, laterals, works and facilities to the United States |
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Government or any agency thereof, and may enter into a lease with |
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the United States Government, or any agency thereof, relative |
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thereto, and obligate itself to pay rental therefor out of the |
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income and revenues thereof, with or without the privilege of |
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purchase; provided, however, that nothing herein contained shall |
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authorize the assumption by the [such] district of any obligation |
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requiring payment out of taxes. Any and all such contracts, leases, |
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and agreements herein authorized shall be approved by resolution of |
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the Board of Directors of the [such] district, and shall be executed |
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by the president and attested by the secretary thereof. |
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Sec. 13A-6. The district may acquire land for recreational |
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facilities and may construct, operate, and maintain recreational |
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facilities as provided by general law, provided [(p)
Such district
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shall have the right to sue and be sued.
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[(q)
Before such district shall establish a diversion
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point, construct the canals, pumping plants and other works herein
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provided for, it shall present to the Board of Water Engineers of
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the State of Texas, or such other agency performing the functions
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now performed by the Board of Engineers, plans and specifications
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of the same and obtain the approval of such Board.
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[Sec.
13A.
From and after the effective date of this Act,
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Lower Neches Valley Authority shall have the right and power to
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acquire and own lands within said district by purchase for the
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purpose of operating and maintaining same as public parks for
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public recreation, and said district shall have the power to
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construct improvements and facilities and to operate same on such
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lands to accomplish such purpose. Provided,] that no funds derived |
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from taxation shall be expended in purchasing that land [said
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lands] or constructing and maintaining those [said improvements
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and] facilities. |
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Sec. 14. The powers and duties herein devolved upon the |
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[said] district, and the adequacy of any plan for flood control or |
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conservation improvement purposes devised by the district, shall be |
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subject to such [the] continuing rights of state supervision and |
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state approvals as are required under [by the State which shall be
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exercised through the State Board of Water Engineers, and in
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appropriate instances, by the State Reclamation Engineer, each of
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which agencies shall be charged with the authority and duty to
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approve, or to refuse to approve, the adequacy of any plan or plans
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for flood control or conservation improvement purposes devised by
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the district for the achievement of the plans and purposes intended
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in the creation of the district, and which plans contemplate
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improvements supervised by the respective state authorities under
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the Provisions of the] General Law. |
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Sec. 16. The [Said] district may borrow money for any |
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corporate purpose from [the Federal Emergency Administration of
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Public Works of the United States, or from any other department or
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agency of the United States, or from] any [other] source, and in |
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evidence thereof may issue the notes, warrants, bonds, certificates |
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of indebtedness, or other forms of obligations of the [such] |
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district, payable solely out of the revenues to be derived from |
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district [said] improvements and facilities and the operations and |
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services thereof. |
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[Sec.
17.
Each issue of obligations authorized hereunder
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shall constitute a separate series and shall be appropriately
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designated. Such obligations shall not constitute an indebtedness
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or pledge of the credit of such district, shall never be paid in
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whole or in part out of any funds raised or to be raised by taxation,
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and shall contain a recital to that effect. All obligations issued
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hereunder shall be in registered or coupon form and if in coupon
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form may be registerable as to principal only, or as to both
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principal and interest, shall bear interest at a rate not to exceed
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six per cent per annum, payable annually or semi-annually, and
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shall be in such denominations and shall mature serially or at one
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time not more than fifty years from their date in such manner as may
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be provided by the Board of Directors. Principal of and interest on
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such obligations shall be made payable at any place or places within
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or without the State of Texas and in the discretion of the Board of
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Directors such obligations may be made redeemable at the option of
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said Board prior to maturity at such premium or premiums as the
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Board shall determine. Such obligations shall be signed by the
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president and secretary of the Board of Directors, and the interest
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coupons attached thereto may be executed with the facsimile
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signatures of such officers. Such obligations shall be sold in such
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manner and at such time as the Board of Directors shall determine to
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be expedient and necessary to the interests of the district,
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provided, that in no event shall such obligations be sold for a
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price which will result in an interest yield therefrom of more than
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six per cent computed to maturity according to standard bond tables
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in general use by banks and insurance companies. In the event any of
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the officers whose signatures are on such obligations or coupons
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shall cease to be such officers before the delivery of such
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obligations to the purchaser, such signature or signatures,
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nevertheless, shall be valid and sufficient for all purposes. All
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obligations issued hereunder shall constitute negotiable
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instruments within the meaning of the Negotiable Instruments Law.
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[Sec.
18.
Any obligations issued hereunder may be issued
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payable from and secured by the pledge of all the revenues derived
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from the operation of the improvements and facilities of the
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district, exclusive of any revenues derived from taxation or
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assessments, or may be payable from and secured by the pledge of
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only such revenues as may be derived from the operation of the
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improvements and facilities acquired with the proceeds of the sale
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of such obligations, or may be payable from and secured by the
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pledge of a specified part of the revenues derived from the
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operation of the improvements and facilities of the district, all
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as may be provided in the proceedings authorizing the issuance of
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such obligations. If more than one series of obligations shall be
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issued under the provisions of this Act payable from and secured by
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identical revenues, priority of lien against such revenues shall
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depend on the time of delivery of such obligations, each series
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enjoying a lien against such revenues prior and superior to that
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enjoyed by any other series of obligations subsequently delivered,
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provided, however, that as to any issue or series of obligations
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which may be authorized as a unit but delivered from time to time in
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blocks, the Board of Directors may in proceedings authoring the
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issuance of such obligations provide that all of the obligations of
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such series or issue shall be co-equal as to lien regardless of the
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time of delivery.
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[Sec.
19.
Any resolution or order authorizing the issuance
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of obligations under the provisions hereof shall provide for the
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creation of a sinking fund into which shall be paid from the
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revenues pledged to the payment of such obligations from month to
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month as said revenues are collected, sums fully sufficient to pay
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principal of and interest on such obligations. The money in such
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sinking fund shall be applied solely to the payment of interest on
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the obligations for the payment of which such fund is created and
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for the retirement of said obligations at or prior to maturity in
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the manner herein provided. The Board of Directors may at the time
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obligations are authorized hereunder provide that all money in such
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sinking fund in excess of the amount required for the payment of
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interest on and principal of such outstanding obligations for such
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period as it may determine shall be expended once each year pursuant
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to its order in the purchase of obligations for the account of which
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such sinking fund has been accumulated, if any such obligations can
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be purchased at a price which shall seem reasonable to the Board,
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and may provide that in the event such obligations contain an option
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permitting retirement prior to maturity then such excess sums shall
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be paid out as aforesaid for the purchase of such obligations, but
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that if the Board shall be unable to so purchase sufficient
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obligations of said issue to absorb all such surplus it shall call
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for redemption a sufficient amount of such obligations to absorb so
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far as practicable the entire surplus remaining in said sinking
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fund. It may be provided that any excess in the sinking fund which
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cannot be applied to the purchase or redemption of obligations
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shall remain in said sinking fund to be used for payment of
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principal or interest when due, or for the subsequent call of
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obligations for purchase or redemption in the manner above
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provided.
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[Sec.
21.
Any resolution or order authorizing the issuance
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of obligations hereunder shall provide that the revenues from which
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such obligations are to be paid and which are pledged to the payment
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of such obligations shall from month to month as the same shall
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accrue and be received, be set apart and placed in the sinking fund
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and disbursed in the manner hereinabove provided. In fixing and
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determining the amount of revenues which shall be so set aside, the
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Board of Directors shall provide that the amount to be set aside and
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paid into said fund in any year or years shall be not less than a
|
|
fixed sum, which sum shall be at least sufficient to provide for the
|
|
payment of the interest on and principal of all obligations
|
|
maturing and becoming payable in each such year, together with a
|
|
surplus or margin of ten per cent in excess thereof.
|
|
[Sec.
24.
The proceeds of the sale of any obligations issued
|
|
hereunder may be deposited in such bank or banks as may be agreed
|
|
upon between the purchaser at such sale and the Board of Directors,
|
|
and may be deposited and paid out pursuant to such terms and
|
|
conditions as may be so agreed upon, it being expressly provided
|
|
that the statutes of Texas pertaining to the deposit of the district
|
|
funds in the depository of such district shall not be applicable to
|
|
the deposit of the proceeds of such sale. Any part of the proceeds
|
|
of the sale of obligations issued hereunder which may remain
|
|
unexpended after the project for which the obligations were
|
|
authorized has been completed may be paid into the sinking fund for
|
|
the payment of said obligations and be used only for the payment of
|
|
principal of such obligations, or for the purposes of acquiring
|
|
such outstanding obligations by purchase in the manner hereinabove
|
|
provided.
|
|
[Sec.
27.
Such district issuing obligations under the
|
|
provisions hereof may thereafter authorize and issue its refunding
|
|
obligations on such terms as its Board of Directors may deem
|
|
advisable for the purpose of providing for the retirement of any
|
|
such outstanding obligations, either due or to become due, which
|
|
refunding obligations may be either exchanged for like par amounts
|
|
of such outstanding obligations or may be sold and the proceeds of
|
|
the sale so applied. Any refunding obligations authorized and
|
|
issued pursuant hereto shall be subject to the provisions of this
|
|
Act pertaining to the issuance of other obligations and shall be
|
|
secured in all respects to the same extent and be payable from the
|
|
same revenues as were the obligations refunded thereby.
|
|
[Sec.
27-a.
Before any such obligation shall be issued,
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|
such district shall submit a certified copy thereof and of the
|
|
proceedings for their issuance, together with any additional
|
|
information which may be required, to the Attorney General of Texas
|
|
for approval, and when so approved, such obligations shall be
|
|
issued after registration with the Comptroller of the State of
|
|
Texas.
|
|
[Sec.
28.
This Act, without reference to other statutes of
|
|
the State of Texas, shall constitute full authority for the
|
|
authorization and issuance of obligations hereunder and for the
|
|
accomplishment of all things herein authorized to be done, and no
|
|
proceedings relating to the authorization or issuance of such
|
|
obligation or the doing of such things shall be necessary except
|
|
such as are herein required, and neither the Bond and Warrant Law of
|
|
1931 or any other provisions of the laws of the State of Texas
|
|
pertinent to the authorization or issuance of obligations, the
|
|
operation and maintenance of such improvements and facilities, the
|
|
granting of franchises or permits, the right to elections or
|
|
referendum petitions, or in anywise impeding or restricting the
|
|
carrying out of the acts authorized to be done hereunder, shall be
|
|
construed as applying to any proceedings and hereunder or acts done
|
|
pursuant hereto.
|
|
[Sec.
29.
Nothing in this Act shall be construed as
|
|
affecting any existing rights or existing priorities in the rights
|
|
to water from the source of supply and neither the formation of the
|
|
district hereunder nor a contract for the purchase of water with
|
|
such district shall ever be held to be an abandonment of waiver of
|
|
said rights or priorities, or an abandonment of the original point
|
|
of diversion from the source of supply, but all such rights existing
|
|
at the time of the formation of such district shall be preserved.
|
|
[Sec.
29-a.
That said district or the contractor who
|
|
employs the labor for the construction of any improvements for said
|
|
district shall be required to give preference to persons who are on
|
|
relief rolls or otherwise unemployed, including those required for
|
|
office or clerical work, but excepting the key workers of such
|
|
district or such contractor, provided such persons on relief or
|
|
unemployed are capable of efficiently rendering the proper service
|
|
in the various classifications of labor under which they are
|
|
employed, and in the event there are not sufficient persons with the
|
|
proper qualifications as aforesaid, then the district or the
|
|
contractor shall give preference to employment of qualified workers
|
|
who reside in the locality where such improvements are to be
|
|
constructed; and every contract expressly entered into by the
|
|
district hereunder shall impose upon the contractor the obligation
|
|
to give preference in employment to such needy persons upon relief
|
|
rolls or otherwise as provided herein and shall expressly impose
|
|
upon such contractor the obligations provided for in this Section;
|
|
provided nothing in this Section contained shall conflict with the
|
|
requirements of any Federal agency providing any funds for such
|
|
District.
|
|
[Sec.
29-d.
There is hereby appropriated and there shall be
|
|
paid to said District out of the General Fund not otherwise
|
|
appropriated the sum of Fifteen Thousand Dollars ($15,000.00),
|
|
which said sum shall be used for defraying the expenses of making
|
|
engineering surveys, plans and specifications, for the compilation
|
|
of other necessary data, for abstracts of title, and for the payment
|
|
of necessary and proper expenses incidental to the application and
|
|
negotiations for and securing the aid and assistance of the Federal
|
|
Emergency Administration of Public Works, or other Governmental
|
|
bodies of the United States, and in connection with the
|
|
organization of the District. Provided, however, that none of the
|
|
amount appropriated herein shall be used to pay any expenses or
|
|
costs incurred prior to the effective date of this Bill. Provided
|
|
that none of the funds herein appropriated shall be used to pay for
|
|
options on lands in said District.] |
|
SECTION 2. (a) All governmental acts and proceedings taken |
|
by the board of directors of the Lower Neches Valley Authority |
|
before the effective date of this Act in reliance on the local law |
|
of that district as it existed before that date are validated as of |
|
the date they occurred. |
|
(b) This Act does not validate an act or proceeding that on |
|
the effective date of this Act: |
|
(1) is involved in litigation if the litigation |
|
ultimately results in the act or proceeding being held invalid by a |
|
final court judgment; or |
|
(2) has been held invalid by a final court judgment. |
|
SECTION 3. This Act does not: |
|
(1) limit the powers granted to the Lower Neches |
|
Valley Authority by any other law; |
|
(2) impliedly repeal any laws granting powers to the |
|
Lower Neches Valley Authority; or |
|
(3) affect the entitlement of a person serving as a |
|
member or officer of the board of directors of the Lower Neches |
|
Valley Authority immediately before the effective date of this Act |
|
to continue to carry out the board's functions for the remainder of |
|
the person's term of office. |
|
SECTION 4. The change in law made by this Act to Section 12, |
|
Chapter 63, Acts of the 43rd Legislature, 1st Called Session, 1933, |
|
does not apply to an offense committed under that section before the |
|
effective date of this Act. An offense committed before the |
|
effective date of this Act is governed by the law as it existed on |
|
the date the offense was committed, and the former law is continued |
|
in effect for that purpose. For purposes of this section, an |
|
offense was committed before the effective date of this Act if any |
|
element of the offense occurred before that date. |
|
SECTION 5. (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 recommendations 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 6. 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, 2011. |