HomeMy WebLinkAboutORD 89-28 ORDINANCE NO.
ENTITLED AN ORDINANCE DESIGNATING A CERTAIN
AREA OF THE CITY OF BEAUMONT AS REINVESTMENT
ZONE NO. 6, CITY OF BEAUMONT, TEXAS; AND OTHER
MATTERS RELATING THERETO.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, the City Council of the City of Beaumont, Texas
( "City" ) , desires to promote the development or redevelopment of
a certain contiguous, geographic area within its jurisdiction by
the creation of a reinvestment zone, as authorized by the laws of
the State of Texas; and,
WHEREAS, a public hearing before the City Council was
held on the 9th day of May, 1989, after notice, as required by the
law of the State of Texas; and,
WHEREAS, all other notices of such hearing have been
provided; and,
WHEREAS, upon such hearing being convened, there was
presented proper proof and evidence that notice of such hearing
had been published and had been provided, as required by law; and,
WHEREAS, the City, at such hearing, invited any
interested person to appear and contend for or against the creation
of the reinvestment zone, the boundaries of the proposed
reinvestment zone, whether all or part of the territory which is
described and depicted in the plat attached hereto should be
included in such reinvestment zone, whether the criteria for such
zone has been met; and,
WHEREAS, those persons desiring to present information
at such hearing were provided the opportunity;
NOW, 'THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That the facts and recitations hereinabove set out are
hereby found and declared to be true and correct.
Section 2.
That after conducting such hearing and having heard such
evidence and testimony, the city has made the following findings
and determinations based on the evidence and testimony presented
to it:
a) That the public hearing on adoption of the reinvestment
zone was properly called, noticed, held and conducted;
and,
b) That the city had jurisdiction to hold and conduct the
public hearing on the creation of the proposed
reinvestment zone pursuant to the act; and,
c) That creation of the proposed zone with the boundaries,
as described in Exhibit "A" will result in benefits to
the city, its residents and property owners and to the
property, residents and property owners in the
reinvestment zone; and,
d) That the reinvestment zone, as defined herein meets the
criteria for the establishment of a reinvestment zone in
that the area is located entirely in an area that meets
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the requirements for federal assistance under Section
119 of the Housing and Community Development Act of 1974
and further, that the proposed improvement within such
zone will address, and contribute to the correction of
conditions which substantially impair or arrest the sound
growth of the city; and,
e) The proposed reinvestment zone, as described, meets all
other requirements and criteria of the laws of the State
of Texas to be declared a reinvestment zone.
Section 3.
That the city hereby creates a reinvestment zone within the
area described by the plat found in Exhibit "A" attached hereto and
made a part hereof for all purposes and shall hereafter be
identified as Reinvestment Zone No. 6, City of Beaumont, Texas
( "Zone" ) . The zone is being created for industrial/commercial tax
abatement.
Section 4.
If any section, paragraph, clause or provision of this
ordinance shall, for any reason, be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this ordinance.
Section 5.
It is hereby found, determined and declared that a sufficient
written notice of the date, hour, place and subject of the meeting
of the City Council at which this ordinance was adopted was posted,
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as required by the Open Meetings Law of the State of Texas, as
amended, and that this meeting has been opened to the public, as
required by law, at all times during which this ordinance and the
subject matter hereof has been discussed, considered and formerly
acted upon. City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the 9th day of may 1989.
Mayor -
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EAUMONT JEFFERSON
ENTERPRISE ZONE
REINVESTMENT ZONE i
L AREA.IN CITY OF BEAUMONT
AREA IN JEFFERSON COUNTY
AREA IN ORANGE COUNTY
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PREPARED BY THE PLANNING DIVISION
SOURCE16 1960 CENSUG OF • •N'li HIOUSIING
COMMUNffY DEVELOPMENT
TOTAL • MILES W ZONE SQUARE
EXHIBIT B
EXHIBIT C
The proposed Beaumont Reinvestment Zone #6
under consideration consists of the following
boundaries: Beginning at the point of intersection of
the south right-of-way line of Calder Avenue and the
east right-of-way line of Interstate Highway 10 in the
City of Beaumont, Jefferson County, State of Texas,
as the Point of Beginning; thence southward from
the point of beginning along the east right-of-way of
Interstate Highway 10 to a point where the north
right-of-way of College Street and the east right-of-
way line Interstate Highway 10 intersect; thence
eastward and northeastward along the north right-of-
way line of College Street to a point where the east
right-of-way line of the Martin Luther King, Jr.,
Parkway and the north right-of-way line of College
Street intersect; thence southeastward along the east
right-of-way line of the Martin Luther King, Jr.,
Parkway to a point where the east right-of-way line
of Martin Luther King, Jr., Parkway intersects the
north right-of-way line of Washington Boulevard;
thence east along the north right-of-way line of
Washington Boulevard to a point where an extended
north right-of-way line of Washington Boulevard
would intersect the City limit line; thence
southeastward, along the City limit line to a point
where the City limit line intersects the south right-of-
way line of Spindletop Road, thence southwestward
along the south right-of-way line of Spindletop Road
to a point where it intersects the west right-of-way
line of the Port Arthuv Fresh Water Canal; thence
southeastward along �:ie west right-of-way line of the
Port Arthur Fresh Water Canal to a point where the
west right-of-way line of the Canal intersects the west
right-of-way line of U.S. Highway 69, 96, and 287;
thence S 225 degrees - 0' - 0" W to a point where
this described line intersects the east right-of-way line
of the West Port Arthur Road; thence south along
the east right-of-way line of the West Port Arthur
Road to a point where the east right-of-way line of
the West Port Arthur Road intersects the Extra-
Territorial Jurisdiction (ETJ) line of the City of
Beaumont; thence easterly then northerly along the
Beaumont ETJ line to a point where the Beaumont
ETJ line intersects the west bank of the Neches
River; thence northward along the west bank of the
Neches River to a point that is two tenths (2) of a
mile'east of the intersection of the City limit line and
the west bank of the Neches River just east of the
Port of Beaumont; thence north 0 degrees - 0' - 0"
north across the Neches River, the Southern Pacific
and Kansas City Southern Railroad tracks and Bairds
Bayou to a point where this described line intersects
the south right-of-way line of Interstate Highway 10;
thence westward along the south right-of-way line of
Interstate Highway 10 to a point where the south
right-of-way line of Interstate Highway 10 intersects
the west right-of-way line of Pine Street; thence
northward along the west right-of-way line of Pine
Street to a point where the west right-of-way line of
Pine Street intersect the south right-of-way line of
Elm Street; thence westward along the south right-
of-way line of Elm Street to a point where the south
right-of-way line of Elm Street intersects the east
right-of-way line of Magnolia Avenue; thence
southward along the east right-of-way line of
Magnolia Avenue to a point where the east right-of-
way line of Magnolia Avenue intersects the south
right-of-way line of Interstate Highway 10; thence
westward along the south right-of-way line of
Interstate Highway 10 to a point where the south
right-of-way line of Interstate Highway 10 intersects
the west right-of-way line of the Santa Fe Railroad;
thence southward along the west right-of-way line of
the Santa Fe Railroad to a point where the west
right-of-way line of the Santa Fe `railroad intersects
the south right-of-way line of Caf-'er Avenue; thence
westward along the south right-of-way line of Calder
Avenue to a point where the south right-of-way line
intersects the east right-0f--way line of Interstate 10,
the Point of Beginning. This area being more or less
18.2 square miles.
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EXHIBIT D
4 312.202. Criteria for Reinvestment Zone
(a) To bi deaiRmted as a reinvestment tone under this subchapter, an area must
(1) substantially arrest or impair the sound growth of the municipality creating the
none, retard the provision of housing accommodstiom„ or constitute an economic or
social liability and be a menace to the public health, safety, morals, or welfare in its -
Present condition and use because of the presence of.
(A) a substantial number of substandard.
structures; slurs, deteriorated, or deteriorating
(13) the predominance of defective or '
sidewalks or streets;
(C) faulty size, '��
adequacy, accessibility, or usefulness of lots:
(0) unsanitary or unsafe conditions;
(E) the deterioration of site or other improvements;
(F) tax or special assessment delinquency exceeding the fair value of the land;
(G) detective or unusual conditions of title;
(H) Conditions that endanger life or Property by fire or other cause; or
(1) any combination of these factors;
tures or site(2) be predominantly open and. because of obsolete platting, deterioration of struc.
growth of the munici�nm' or other factors, substantiaAy impair or arrest the sound
pality;
(3) be in a federally W isted new community located in a home-rule municipality or in
an area immediately adjacent to a federally apisted new
home-rule municipahty; community located in s
(4) be located entirely in an area that meets the requirements for federal assistance
Setter Section Ills�rf thw FFmying and Community Development Act of 1974 (42 U.S.C.
Section 5.21131;
(5) encompass signs, biilixonnis, or other coutdoor advertising structures designated
by the governing burly of the cnuniripatity for relocation, reconstruction.or removal for
the Purlwk of enhancing the physical environment of the muccicipslity, which the
legislature ckY±lares to b; a public purpose;
or
(0) be designated as r. Inew or state.tederai enterprise
Prise Zone Act(Article 51;0.7. Wnwn's Texas Civil �� uralrr the Tears Enter•
C. Other Political Subdivisions:
The petition must state that it is intended to require an
election in the taxing unit on the question of reducing the
tax rate for the current year.
4. Signatures of 10% of the Qualified Voters of the Tax Unit.
Required:`
The petition must be signed by ten percent (10%) of the �uali e�
voters of the taxing unit.
A person is a "qualified",,voter of the taxing unit eligible to sign
a tax rollback petition if the person is. a registered voter of the
taxing unit whose name appears on the most recent official list
of registered voters.
5. Signatures on Petition MAY NOT be Gathered by Paid Circulator:
a. The Texas Tax Code prohibits a tax rollback petition from
being circulated by a person who received compensation for
gathering signatures on the petition
RULE: Any signatures gathered by a paid circulator
may not be counted.
b. The Supreme Court of the United States Invalidates
Colorado Law Prohibiting Paid Circulators.
In Meyer v. Grant, 486 U.S 414 (1988), the Supreme Court
of the United States unanimously struck down a Colorado
law prohibiting the payment of persons circulating petitions
in connection with a voter initiative. The court ruled that
this law violated the First Amendment of the United States �r
Constitution
The section in the Texas Property Code which prohibits
counting signatures gathered by a paid circulator remains
unchanged despite the Meyer ruling. Nevertheless, the
result in the Meyer case is not irrelevant to Texas. First, :s0.
the Texas provision has never been challenged in court.
Second, federal law supersedes state law. Third, any
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unanimous decision by the United States Supreme Court
sends an especially strong legal message. Therefore, it is
quite likely this pprtion.-, of the Texas statute would be
declared unconstitutional if ever reviewed by a court.
At the present time, circulators of a tax rollback petition
would be well advised to continue to abide by the
requirements of the Texas law until this matter is resolved
by the Texas Legislature or a court reviewing this Texas
statutory provision.
IV. TAX ROLLBACK PETITION• SIGNATURE REQUIREMENTS
A. All that is required on a tax rollback petition is the voter's signature.
B. Signatures on a tax rollback petition DO NOT have to be signed exactly
as the signer's name appears on the current list of registered voters for
that taxing unit.
C. RECOMMENDATION: Admittedly, a petition for a tax rollback election
is NOT subject to the petition requirements of Chapter 277 of the Texas
Election Code, which requires not only the voter's signature, but also:
1. signer's printed name;
2. registration certificate number,
3. singer's residence address; and
4. date of signing.
However, the better practice for petition circulators would be to adhere
to the Election Code's Chapter 277 petition requirements anyway. Often
a signature standing alone is illegible, and, therefore, incapable of
verification If a signature cannot be verified, it cannot be counted. On
the other hand, any additional information which accompanies the
petition signature can be verified and counted
A person verifying a tax rollback petition may not reject a signature
because it is not accompanied by the printed name, residence address,
date, or certificate number. However, if the verifier is unable to verify
the validity of a particular signature, and the petition does not contain
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a reasonable means by which he/she might do so (registration certificate
number, residence address, or telephone number), the verifier may
require the person organizing the petition drive to provide such
information for the particular voter in order for the signature to be
counted. Sec:.26.081,-TavCode -,
V. BODY PRESENTATION OF A TAX ROLLBACK PETITION TO THE GOVERNING
When a tax rollback petition is presented to the governing body of a taxing
unit, the governing body is required to determine whether or not the petition
is valid not later =than the 20th day after the day a rollback'.pcfijhM -is
submitted. Once a determination is made, the governing body must pass a
resolution stating its finding.
If the governing body fails to-act within the 20-day period, as a matter of law,
the petition,w,dL be considered to be valid and treated accordingly.
VI. THE TAX ROLLBACK ELECTION
A. Preclearance of Election by Department of Justice Required:
Since a rollback election is not a regularly scheduled election, the local
taxing unit ordering the election must submit a request for preclearance
to the Department of Justice under Section 5 of the Federal Voting s`
Rights Act (42 U.S.C. §1973).
B. Date of the Tax Rollback Election:
1. If the petition is found to be valid, or if the governing body failed
to oct, the governing body of the taxing unit must order a tax
rollback election not less than 30 days nor more than 90 days
after the last day on which it could have acted. Sec. 26.07(d) Tax
Code.
The last day the governing body could have acted is the 20th day
of the verification period. Therefore, the time frame for ordering
a tax rollback election is ,50 to 110 days after the petition is
received.
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2. A tax rollback election must be held on one of thez'uhiform-
election dates k in Sec. 41.001 of the Election Code unle no
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uniform election date falls within the, period for ordering the
election. ; Then, the election may be called for any date falling
within the time frame jor ordering the election.
C. The Ballot Proposition for a Tax Rollback Election:
1. School Districts:
"Limiting the ad valorem tax rate in (name of school district) for
(the following_year)."
2. junior College Districts:
"Limiting the portion of the (name of the school district) tax levy
dedicated to the {name of junior college dis for the current
year to the same portion that was dedicated last year."
3. Other Taxing Units:
"Reducing the tax rate in (name of taxing unit) for the current year
from (the rate adopted) to (the rollback rate calculated by Sec.
=26.04 of this code)."
D. Majority Vote Required:
A simple:majority vote is required to approve a tax rollback measure in
an election.
E. Effect of a Successful Tax Rollback Election:
1. School Districts:
The current tax rate for the school district remains in effect. The
school district must limit the rate it adopts to the rollback amount
approved for the following year.
2. Junior College Districts:
The amount of school district funds dedicated to the junior college
is reduced for the current year.
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3. All Other Political Subdivisions:
The tax rate is reduced for the current year.
NOTE: To obtain assistance in calculating the rollback tax rate, please
contact the State Property Tax Board at its toll-free telephone
number, 1-800-252-9121, or at (512) 329-7901.
BOND ELECTIONS
I. A bond election may be held to decide whether or not to issue four types of
bonds: general obligation bonds, revenue bonds, refunding bonds, or
certificates of obligation
A. Types of Bonds Defined:
1. General Obligation Bonds:
Bonds issued by a public body and backed by its general tax
revenues and the full faith and credit of the issuer.
2. Revenue Bonds:
Bonds issued for the purpose of raising revenue to fund the
operation, construction or maintenance of a particular enterprise
or project, payable solely from the revenues accruing from the
operation of the enterprise or project.
3. Refunding Bonds:
Refunding bonds replace or pay off an outstanding bond which
the holder surrenders in exchange for new security.
4. Certificates of Obligation:
Bonds issued to pay certain contractual obligations. Only counties
and certain cities may issue certificates of obligation
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B. Type of Bonds and Elections:
1. An election is.,,alw__ays required before issuance of either general
obligation bonds or reve)ode,bonds.
2. Refunding bonds are seldom subject to an election.
3. Certificates of obligation may be issued without voter approval.
However, notice of intent to issue certificates of obligation must
be published at least 14 days before the certificates are issued.
If before the date tentatively set for authorization of the issuance
or before the authorization, the city secretary or clerk(when issues
is a city) or the county clerk (when issues is a county) receives a
petition signed by five percent (5%) of the qualified voters of the
issuer, the issuer may not authorize the issuance of certificates
unless the issuance is approved at an election.
II. BOND ISSUES MUST RECEIVE THE APPROVAL OF THE ATTORNEY
GENERAL
A bond issue of the State of Texas or any of its political subdivisions does not
become effective until approved by the Attorney General of Texas. The
Attorney General is empowered to examine all aspects of the bonds and the
bond election. The Attorney General's Finance Division reviews the bond issue
to ensure that it complies with all the requisite legal and financial
requirements. The Attorney General is also authorized to review all
proceedings connected with the bond election to ensure that the bond election
was held in compliance with the Texas Election Code.
Once a bond issue has been approved by the Attorney General, the Election
Code provisions governing contests of measure elections are no longer
operative. Yoakum County Water C & I Dist v.-First State Bank. 449 S.W.2d
775 (Tex. 1969). In other, words, "after approval by the attorney general and
registration by the comptroller and on issuance, the bonds are valid,
enforceable, and incontestable in M court or other forum. for any reason"
(Emphasis added) Tex. Rev. Civ. Stat. Ann. art. 717k-8, §3.002(d) (Vernon 1964).
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III. PROPERTY OWNERSHIP AS PREREQUISITE TO VOTING IN A BOND
ELECTION
Article VI, Sections 3 and 3a, of the Texas Constitution require that a person
be a property owner to be eligible to vote in a bond election. This
constitutional language and other statutory references to property ownership
as a prerequisite to the right to vote lead many people to believe that one must
be a property owner before s/he can vote in a bond election. However, this
is no longer the law. The Supreme Court of the United States has consistently
denied the states the power to limit the right to vote to persons owning
property. Kramer v. Union Free School District 395 U.S. 621 (1969) (right to
vote in local school elections may not be limited to persons owning property
in the district); Cipriano v. City of Houma, 395 U.S. 621 (1969) (in an election
on issuance of revenue bonds, state has no right to restrict vote to property
owners); City of Phoenix v. Kolodzie-jski, 399 U.S. 204 (1970) (right to vote in
election on general obligation bonds may not be limited to property owners);
and Hill v. Stone, 421 U.S. 289 (1975) (state may not limit right to vote on a
general obligation bond issue to persons who have "rendered" or listed real,
mixed, or personal property for taxation in the election district).
In three cases, the Supreme Court of the United States made limited exceptions
to this rule. In each case, the court found that specialized circumstances
existed so that a genuine link between property ownership and the right to
vote was demonstrated. Salver Land Co. v Tulare Water Storage District 410
U.S. 719 (1973) (activities of water storage district fell so disproportionately on
landowners as a group that limiting the right to vote for the district's board of
directors to landowners was constitutional); Associated Enterprises v Toltec
Watershed Improvement District, 410 U.S. 743 (1973) (limiting right to vote to
landowners was constitutional due to fact that functions of district were so
specialized and landowners assessments were sole means of paying expenses
of the district); and Ball v. James, 451 U.S. 355 (1981) (voting eligibility could
be limited to landowners on basis of acreage owned in water reclamation
district because the entity was of a specialized and limited form).
Today,the„`g'eneral rule, except for very unusual and limited circumstances, is
that,my-person registered who is a re voter. a resident of the political subdivision
holding ar bond elec tion, and otherwise qualified to vote�may'vote,igi'a-"bond
elections Therefore, whenever language appears in a statute relating to
property ownership which states or suggests one must be a property owner in
order to vote, this language should be disregarded.
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IV. HOLDING THE BOND ELECTION, GENERALLY
A. Preclearance of Election Required from Department of Justice:
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Bond elections are not regularly scheduled elections and, therefore, are
subject to preclearance under Section 5 of the Federal Voting Rights Act
(42 U.S.C. § 1973).
B. Date of Bond Election:
A bond election must be held on one of the four uniform election days
in Sec. 41.001 of the Election Code unless:
the governing body of the political subdivision issuing or
assuming the bonds, by resolution, order, or ordinance,
finds that holding the election on a date other than a
uniform election day is in the public-interest Such a
finding is conclusive and incontestable. Election Code,
Sec. 41.001(b)(3).
V. ORDER AND NOTICE RE UIREMENTS COUNTY & CITY BOND
ELECTIONS
A. Ordering the Bond Election:
Article 704 of the Revised Civil Statutes provides that a bond election
must be held between 15 and 90 days after it is ordered. However, the
Texas Election Code, in section 3.005, provides that an election must be
ordered at least 45 days before it is held. Although it is true that
another law supersedes this provision of the Election Code to the extent
of any conflict, it is the opinion of the Elections Division that these two
provisions are not in conflict, but can be read together, and that a bond
electiow,should..be�held between'45 and.90 days after it is ordered.-
B. Giving Notice:
Notice of a city or county bond election must be given by posting a
copy of the election order at the. courthouse and at three public places
in the county and by publication in a newspaper once a week for two
successive weeks in a newspaper published in the county or city. The
first publication must occur at least 14 days before the election.
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VI. SCHOOL DISTRICT BOND ELECTIONS - CHAPTER 20, TEXAS
EDUCATION CODE
A. The authority for school districts to issue bonds is found in Sec. 20.01
of the Texas Education Code. Any bonds issued under this section must
'mature serially or otherwise not more than forty (40) years from their
date.
B. Bond Issuance by Election Only: Sec. 20.04(a) and (b)
1. Section 20.04(a):
No bonds shall be issued unless authorized by a majority of
voters at an election held for the purpose of issuing bonds which
is held in compliance with the applicable requirements of the
Education and Election Code.
The expense of the bond election is paid by the school district.
The governing board of the school district must call the election
either by resolution or order stating:
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a. the date of the election;
b. the proposition(s) to be submitted and voted on;
C. the polling place(s); and
d. any other necessary matters.
2. Section 20.04(b):
In each bond proposition submitted, the school board may assess
and collect ad valorem taxes on all property in the district either:
a. sufficient, without limit as to rate or amount to pay the
principal and interest on the bonds; or
b. sufficient to pay the principal and intereston the bonds,
provided that the annual aggregate bond taxes in the
district shall never exceed one dollar ($1.00) per one
hundred dollar ($100.00) valuation.
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�,,..,,+ or
If a school district ever issues bonds w thereafter,
k' amount to pay the principal and interest on the bonds,
all proposed bonds must` o bd submitted without limitation on
rate or amount, with one exception: if the aggregate principal
amount of bonded indebtedness of the school district after
' issuance of such bonds would exceed ten percent (10%) of the
assessed valuation of taxable property in the district.
C. Notice Requirement and Canvassing - Sec. 20.04(e), Texas Education
Code:
1, Notice of a school district bond election must be given by of order
publishing "a substantial copy of the election resolutio a election
one time" at least ten (10) days prior to the date of th
in a newspaper of general circulation which is published in the
school district.
2. The governing body must canvass the election returns for the
bond election and declare the election result.
VII. WATER DISTRICT BOND ELECTIONS
A. Special Law Water Districts.
Special law water districts are those created by�an�ac��he Legislature,
as contrasted with general law water districts,
pursuant to the provisions of the Texas Water Code. The provisions
applicable to special law water district bond elections will, in most
cases, be found in the legislative act that created the district. If the act
is silent as to notice, order, and other election-related requirements, the
provisions of the Election Code will control.
B. General Law Water Districts:
Various provisions of the Water Code relate to bond elections. These bond
holding provisions are dependent on the type of water district ode that a ertain
election. Listed below are the provisions of the Water C p
to bond elections in the various types of water districts:
Drainage Districts -- Section 56.201 gt §9q_
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Flood Control Districts -- Section 15.001 et seg.
Fresh Water Supply Districts -- Sections 53.172-175, 53.183
Irrigation Districts — Section 58.431 et sM.
Levee Improvement Districts — Section 57.201 et seg.►
Municipal Utility Districts -- Section 54.501 et
Sections 54.806-808
Navigation Districts -- Section 60.116 et __
_lc.
Section 60.221 et sec ..
Section 60.331 et set_
Section 61.171
Section 61.231 et
Section 62.119 et sect.. ro
River Authorities -- Section 30.004
Sewer, Sewage, and Sewer Systems --
z-
Section 30.004 et M.
Section 30.051 et sect..
State Bonds -- Section 17.026
Water Conservation Bonds -- Section 15.001 et se q.
Section 15.116
Section 15.201 et
Section 17.859
Water Conservation and Improvement Districts --
Section 50.107
Section 51.401 et s-e-s. ;
Section 55.491 et
Water Development Bonds -- Section 17.001 et sea.
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Waterworks and Water Supply Bonds — Section 55.402
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