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S.B. No. 1891
AN ACT
relating to the creation of the La Salle Water Control and
Improvement District No. 1; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9008 to read as follows:
CHAPTER 9008. LA SALLE WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9008.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the La Salle Water Control and
Improvement District No. 1.
Sec. 9008.002. NATURE OF DISTRICT. The La Salle Water
Control and Improvement District No. 1 is a water control and
improvement district in Calhoun County created under and essential
to accomplish the purposes of Section 52, Article III, and Section
59, Article XVI, Texas Constitution.
Sec. 9008.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 9008.024 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Calhoun County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 9008.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose ad valorem
taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
[Sections 9008.005-9008.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 9008.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Douglas A. Baker;
(2) W. H. "Bill" Bauer, Jr.;
(3) Waymond Boyd;
(4) Lawrence A. Korenek; and
(5) Edwin A. Wagner.
(b) If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
9008.024; or
(2) the date this chapter expires under Section
9008.003.
Sec. 9008.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Calhoun County Courthouse.
At the meeting, the temporary directors shall elect officers from
among the temporary directors and conduct any other district
business.
Sec. 9008.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
(a) The temporary directors may not hold an election under Section
9008.024 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has adopted a
resolution consenting to the creation of the district.
(b) If the district is located outside the extraterritorial
jurisdiction of a municipality, the temporary directors may not
hold the election until the county in which the district is located
has adopted a resolution consenting to the creation of the
district.
(c) A municipality or county may not adopt a resolution
under this section before the effective date of the Act creating
this chapter.
Sec. 9008.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. If each municipality or county has consented to the
creation of the district under Section 9008.023, the temporary
directors shall hold an election to confirm the creation of the
district and to elect five directors as provided by Section 49.102,
Water Code.
Sec. 9008.025. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 9008.024 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 9008.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 9008.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 9008.027-9008.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9008.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 9008.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 9008.053-9008.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9008.101. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9008.102. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads or turnpikes, or improvements
in aid of those roads or turnpikes, inside the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of the county in which the
district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless the county in which the district
is located consents by ordinance or resolution.
Sec. 9008.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR
RESOLUTIONS. Notwithstanding Section 51.714, Water Code, and
subject to the limitations of Section 54.016, Water Code, the
district shall comply with all applicable requirements of any
ordinance or resolution adopted by the governing body of a
municipality in whose corporate limits or extraterritorial
jurisdiction the district is partly or wholly located.
Sec. 9008.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
[Sections 9008.105-9008.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9008.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 9008.201.
[Sections 9008.152-9008.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9008.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 51, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 9008.101 and 9008.102.
(b) The district may not issue bonds to finance projects
authorized by Section 9008.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 9008.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 9008.102 or to
bonds issued by the district to finance the project.
SECTION 2. The La Salle Water Control and Improvement
District No. 1 initially includes all the territory contained in
the following described area:
All of that certain tract or parcel containing 3396.3 acres, being
1934.1 acres situated in the Faustino Albarado Survey, Abstract No.
1 and 1462.2 acres situated in the Cleto Garcia Survey, Abstract No.˙
14 of Calhoun County, Texas and being a part of the same property
described as 13,326.88 acres in Exhibit "A" in Deed dated December
13, 1995 from W. H. Bauer, et ux, to Bauer Family Ranches, LTD., a
Texas Limited Partnership recorded in Volume 153, Page 15 of the
Official Records of Calhoun County, Texas. This 3396.3 acres is
more particularly described by metes and bounds as follows:
BEGINNING in the North line of the above referenced 13,326.88 acre
tract at the intersection of the Northerly projection of the West
line of a 1019.707 acre tract described in deed recorded in Volume
175, Page 521 of the Calhoun County Official Records and in the
North line of 8.163 acre tract described as Part II in Right-of-Way
Easement described in Volume 263, Page 509 of the Calhoun County
Deed Records for Northeast corner of this 3396.3 acres being
described;
THENCE South 25° 50' 49" East, with the Northerly projection of the
West line of the said 1,019.707 acre tract, pass the South line of
the said 8.163 acre tract and the present Right-of-Way of State
Highway No. 185 and the Northwest corner of the said 1,019.707 acre
tract at a distance of 13.00 feet, and continuing with the West line
of the said 1,019.707 acre tract and continuing a total distance of
6,706.96 feet to the Northwest line of the Intracoastal Waterway
(Volume 33, Page 618 of the Calhoun County Deed Records) and the
Southwest corner of the said 1,019.707 acre tract for the Southeast
corner of this 3396.3 acres being described;
THENCE South 61° 15' 14" West, with the Northwest line of the said
Intracoastal Waterway a distance of 1,613.99 feet to a point of
curve for corner of this 3396.3 acres being described;
THENCE with the Northwest line of the said Intracoastal Waterway
along a curve to the right with a Delta of 00° 50' 41"; a Radius of
5,423.42 feet; and a Long Chord of South 61° 40' 35" West a distance
of 79.95 feet to a point of tangency for a corner of this 3396.3
acres being described;
THENCE South 62° 05' 55" West, with the Northwest line of the said
Intracoastal Waterway a distance of 13,506.22 feet to a point for a
corner of this 3396.3 acres being described;
THENCE North 25° 50' 49" West, a distance of 12,751.14 feet to a
point in the North line of the 13,326.88 acre tract and the North
line of the said Right-of-Way Easement for the West corner of this
3396.3 acres being described;
THENCE North 83° 58' 28" East, with the North line of the said
13,326.88 acre tract and the North line of said Right-of-Way
Easement a distance of 16,145.90 feet to the PLACE OF BEGINNING,
containing within these metes and bounds 3396.3 acres.
The bearings and distances recited herein refer to Texas State
Plane Lambert Grid Nad 83 (1986) and are based on NGS Monument
"Porto 2" with published coordinates of (Northing = 13,348,963.42)
and (Easting = 2,779,103.72).
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1891 passed the Senate on
May 16, 2005, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1891 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor