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SECTION 3. VALLEY ACRES
IRRIGATION DISTRICT. Chapter 261, Acts of the 52nd Legislature, Regular
Session, 1951, is amended by amending Sections 1, 2, 3, 4, and 6 to read as
follows:
Sec. 1. Under [and
pursuant to the provisions of] Article XVI, Section 59, Texas [of
the] Constitution, a conservation and reclamation district within the
counties of Hidalgo and Cameron[,] is [hereby] created [and
incorporated], to be known as "Valley Acres Irrigation
District" and ["Valley Acres Water District"
hereinafter] sometimes referred to in this Act as the "district."
["District."] The boundaries of the district [thereof]
shall be as follows:
BEGINNING at the intersection
of the West Right-of-Way line of the Main Canal of the Willacy County Water
Control & Improvement District No. 1, with the South Right-of-Way line
of the North Floodway of the International Boundary & Water Commission;
THENCE Southerly along the
West Right-of-Way line of said Willacy County Water Control and Improvement
District No. 1, Main Canal to Mile 12 of the North Capisallo District of
the lands of the American Rio Grande Land & Irrigation Co.;
THENCE Westerly along said
Mile 12, to the east Right-of-Way line of the West Levee of above stated
North Floodway;
THENCE northerly along the
east Right-of-Way line of said West levee of said North Flood Way to Mile
14-1/2 of lands of the American Rio Grande Land & Irrigation Co.;
THENCE along the Mile 14-1/2
of the North Capisallo District of lands of American Rio Grande Land &
Irrigation Co., Easterly to the East Right-of-Way line of the East Levee of
International Boundary and Water Commission North Floodway;
THENCE northerly and easterly
along the easterly and southerly Right-of-Way line of said North Floodway
to the place of BEGINNING, except:
(a) All land in the right of
way of the International Boundary and Water Commission acquired for flood
levees, containing 133.13 acres, more or less; and
(b) The following described
land in the North Capisallo District of the lands of the American Rio
Grande Land and Irrigation Company:
All of Farm Tract No. 2304,
except the S. 5.77 acres being 27.73 acres
The North 8.31 acres of the
West 15.92 acres of Farm Tract No. 2312, being 8.31 acres
All of Farm Tract No. 2340
except that part in the flood-way-levee of the International Boundary and
Water Commission, being 46.38 acres
All of Farm Tract No. 2346,
containing 31.08 acres
All of Farm Tract No. 2347,
containing 6.92 acres
The Southwest 3.77 acres of
Farm Tract No. 2359,
containing 3.77 acres
Total 124.19 acres
The above lands described in
Paragraph (b) hereof being more Particularly described in that certain deed
dated September 25, 1950 and recorded in Volume 699, page 295, of the Deed
Records of Hidalgo County, Texas.
Total of lands to be excepted
under Paragraphs (a)
and (b) 257.32 acres
Leaving a total acreage
within the above boundary in said Conservation and Reclamation District of
10,202.58 acres, more or less.
Sec. 2. (a) The district
has [District shall have and exercise, and is hereby vested with all
of] the rights, powers, privileges, and duties provided [conferred
and imposed] by the general law [laws] of this state,
including Chapter 58, Water Code [State now in force or hereafter
enacted], applicable to irrigation districts [Water Control
and Improvement Districts] created under [authority of] Section
59, Article XVI, Texas [of the] Constitution.
(b) This Act prevails
over any provision of [, but to the extent that the provisions of
any such] general law that is [laws may be] in conflict
or inconsistent with [the provisions of] this Act [the provisions
of this Act shall prevail. All such general laws are hereby incorporated
by reference with the same effect as if incorporated in full in this Act].
Sec. 3. The district
[management and control of the District] is governed by [hereby
vested in] a board of directors [which shall have all of the powers
and authority conferred and imposed upon Board of Directors of Water
Control and Improvement Districts organized under the provisions of Chapter
51, Water Code. The Board of Directors shall be] composed of five [(5)]
members who shall qualify to serve as directors in the same manner as
elected directors qualify under Chapter 58 [Chapter 51],
Water Code. [In the event, and to the extent that any of the provisions
of the general laws referred to in this Section are in conflict with or
inconsistent with any of the provisions of this Act relating to the powers,
authority and duties of the Board of Directors and its members, the
provisions of this Act shall prevail.] The commissioners of the Texas Commission
on Environmental Quality [Water Commission] shall appoint the
members of the board of directors [Board of Directors] to
staggered four-year terms. The commissioners of the Texas Commission on
Environmental Quality [Water Commission] shall appoint an
individual to fill any vacancy on the board of directors [Board
of Directors].
Sec. 4. Bonds may be issued
by the district [District] pursuant to a resolution [or resolutions]
adopted by the board of directors, when the proposition authorizing the
bonds shall have first been submitted to the property taxpaying voters of the
district [such District] and adopted by not less than a majority
of the [such] qualified voters voting at the [such]
election. The district [District] may issue bonds [thus]
authorized for any and all purposes permitted to irrigation districts
[Water Control and Improvement Districts, including, but without
limitation of purposes not specified, the following:
[(a) The improvement of
rivers, creeks, and streams to prevent overflows, and to permit of
navigation thereof or of irrigation thereof, or in aid of such purposes.
[(b) The construction and
maintenance of pools, lakes, reservoirs, dams, canals and waterways for the
purpose of irrigation, drainage or navigation or in aid thereof].
Bonds [Such bonds]
may be issued to mature serially or otherwise as may be determined by the
board of directors, the maximum maturity date not to exceed 40 [forty
(40)] years, and may be sold at a price and under terms determined by
the board of directors to be the most advantageous reasonably obtainable,
provided that the interest cost to the district, calculated by use of
standard bond interest tables currently in use by insurance companies and
investment houses does not exceed six percent [per cent (6%)]
per annum. Interest to accrue on the bonds for a period not to exceed
three [(3)] years from their date, may be appropriated and paid from
the proceeds from the sale of the bonds.
No bonds shall be issued by
the district [District] until the record supporting the
[such] bonds and the bonds shall first have been approved by the attorney
general [Attorney General]. Bonds thus approved shall be
registered in the office of the comptroller of public accounts [Comptroller
of Public Accounts]. Bonds thus approved by the attorney general
[Attorney General] after sale by the district [District]
shall be fully negotiable instruments and shall be incontestable.
The bonds of the district
[District] may be refunded, without the necessity of an election,
either by the issuance and delivery to holders of refunding bonds in lieu
of the outstanding bonds, or through the sale of refunding bonds and the
use of the proceeds for retiring the outstanding bonds, provided that the
average annual interest rate of the refunding bonds, calculated to maturity
shall not be greater than the average interest rate of the bonds refunded,
calculated to maturity, and provided the maximum maturity of the refunding
bonds shall not exceed 40 [forty (40)] years.
The resolution [or
resolutions] authorizing the issuance of the bonds may contain [such]
covenants which in the discretion of the board of directors [Board
of Directors] are necessary to assure the creation and maintenance of
proper reserves and the payment of the principal of and interest on the
bonds. Provisions of the law pertaining to the issuance of bonds by irrigation
districts [Water Control and Improvement Districts] when not in
conflict with the provisions of this Act shall apply [be
applicable].
Sec. 6. (a) The district
[District] shall have authority to acquire all property real and
personal inside [within] or outside of the district [District]
which in [within] the discretion of the board of directors
[Board of Directors] is needed in accomplishing the objectives of
the district. To [District and to] facilitate the
acquisition of property, the district [it] shall have all of
the powers of eminent domain available to irrigation [water
control and improvement] districts under the general law.
(b) The district may
exercise the power of eminent domain as provided by this section only if
the district submits a letter to the comptroller not later than December
31, 2017, in accordance with the requirements of Section 2206.101(b),
Government Code, other than the requirement that the letter be submitted by
the date specified by that subsection.
(c) Notwithstanding the
expiration of the district's authority to exercise the power of eminent domain
under Section 2206.101(c), Government Code, the district may exercise the
power of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter in
accordance with Subsection (b).
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