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80C99(2) SGA

CHAPTER 6904.

AQUILLA WATER SUPPLY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

6904.001.

DEFINITIONS.

In this chapter:

"Board" means the board of directors of the district.

"Director" means a member of the board.

"District" means the Aquilla Water Supply District.

(Acts 65th Leg., R.S., Ch. 713, Secs. 1 (part), 3(a) (part); New.)

Source Law

the "Aquilla Water Supply District," hereinafter called "district,"

[The district shall be governed by a board of directors] hereinafter called the "board,"

Revisor's Note

The definition of "director" is added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definition.

Revised Law

6904.002.

NATURE OF DISTRICT.

The district is a conservation and reclamation district created under

Section 59,

Article XVI, Texas Constitution.

(Acts 65th Leg., R.S., Ch. 713,

Sec. 1 (part).)

Source Law

By virtue of

Article XVI,

Section 59, of the Texas Constitution, there is created a conservation and reclamation district to be known as the "Aquilla Water Supply District,"

which shall be a governmental agency and a body politic and corporate.

Revisor's Note

Section 1,

Chapter 713, Acts of the 65th Legislature, Regular Session, 1977, refers to the district as "a governmental agency and a body politic and corporate."

The revised law omits the references to "governmental agency" and "body politic and corporate" because they duplicate a portion of

Section 59(b),

Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

Revised Law

6904.003.

FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

All land and taxable property in the city of Hillsboro will benefit from the works and improvements of the district.

The accomplishment of the purposes stated in this

chapter is for the benefit of the people of this state for the improvement of their property and industries. The district, in carrying out the purposes of this chapter, will be performing an essential public function under the constitution.

(Acts 65th Leg., R.S., Ch. 713, Secs. 2 (part), 22 (part).)

Source Law

[The district shall contain all of the territory contained in the boundaries of the city of Hillsboro]

it being found and determined that all of the territory and taxable property contained within the boundaries of the city will be benefited by the works and improvements of the district.

The accomplishment of the purposes stated in this Act is for the benefit of the people of this state for the improvements of their properties and industries, and the district, in carrying out the purposes of this Act, will be performing an essential public function under the constitution.

[Sections 6904.004-6904.050 reserved for expansion]

SUBCHAPTER B.

DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT TERRITORY

Revised Law

6904.051.

DISTRICT TERRITORY.

The boundaries of the district are coextensive with the boundaries of the city of Hillsboro as those boundaries existed on January 1, 1977, and as the district territory may have been modified under:

Sections 6904.052 and 6904.053 or their predecessor statute,

Section 6,

Chapter 713, Acts of the 65th Legislature, Regular Session, 1977;

Subchapter J,

Chapter 49, Water Code;

Subchapter O,

Chapter 51, Water Code, before September 1, 1995; or

other law.

An invalidity in the fixing of the boundaries of the city of Hillsboro as they existed on January 1, 1977, does not affect the boundaries of the district.

(Acts 65th Leg., R.S., Ch. 713,

Sec. 2 (part); New.)

Source Law

The district shall contain all of the territory contained in the boundaries of the city of Hillsboro in Hill County, Texas, as the boundaries of that city existed on January 1, 1977.

It is provided, however, that no invalidity in the fixing of the boundaries shall affect the boundaries of the territory contained in this district,

Revisor's Note

For the reader's convenience, the revised law includes references to statutory authority to change the district's territory under this chapter, Subchapter J,

Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter, and Subchapter O,

Chapter 51, Water Code, applicable to water control and improvement districts.

The revised law also includes a reference to the general authority of the legislature to enact other laws to change the district's territory.

Revised Law

6904.052.

ANNEXATION OF TERRITORY.

Territory may be annexed to the district as provided by this

section or by

Section 6904.053.

The board may annex territory or a municipality under this

section only if a petition requesting annexation is signed by 50 voters of the territory or municipality to be annexed, or a majority of the registered voters of that territory or municipality, whichever is fewer, and is filed with the board.

The petition must describe the territory to be annexed by metes and bounds, or otherwise, except that if the territory is the same as that contained in the boundaries of a municipality, the petition is sufficient if it states that the territory to be annexed is the territory contained in the municipal boundaries.

If the board determines that the petition complies with Subsection (b), that the annexation would be in the best interest of the territory or municipality and the district, and that the district will be able to supply water or other services to the territory or municipality, the board shall:

adopt a resolution stating the conditions, if any, under which the territory or municipality may be annexed to the district; and

set a time and place to hold a hearing on the question of whether the territory or municipality to be annexed will benefit from:

the improvements, works, or facilities owned or operated or contemplated to be owned or operated by the district; or

the other functions of the district.

At least 10 days before the date of the hearing, notice of the adoption of the resolution stating the time and place of the hearing shall be published one time in a newspaper of general circulation in the territory or municipality to be annexed.

The notice must describe the territory in the same manner in which Subsection (

b) requires the petition to describe the territory.

Any interested person may appear at the hearing and offer evidence for or against the annexation.

The hearing may proceed in the order and under the rules prescribed by the board and may be recessed from time to time.

If, at the conclusion of the hearing, the board finds that the property in the territory or municipality will benefit from the present or contemplated improvements, works, or facilities of the district, the board shall adopt a resolution making a finding of the benefit and calling an election in the territory or municipality to be annexed.

In calling an election on the proposition for annexation of the territory or municipality, the board may include, as part of the same proposition or as a separate proposition, a proposition for:

the territory to assume its part of the tax-supported bonds of the district then outstanding and those bonds previously voted but not yet sold; and

an ad valorem tax to be imposed on taxable property on the territory along with the tax in the rest of the district for the payment of the bonds.

If a majority of the votes cast at the election are in favor of annexation, the board by resolution shall annex the territory to the district.

An annexation under this

section is incontestable except in the manner and within the time for contesting elections under the Election Code. (Acts 65th Leg., R.S., Ch. 713, Secs. 6(f), (g), (h), (i).)

Source Law

Other territory may be annexed to the district in the manner provided in Subsections (

g) through (

i) of this section.

A petition praying for such annexation signed by 50 or a majority, whichever number is smaller, of the re