CHAPTER 6601. ANGLETON DRAINAGE DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE A. DRAINAGE DISTRICTS

CHAPTER 6601. ANGLETON DRAINAGE DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6601.001. 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 Angleton Drainage District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.002. NATURE OF DISTRICT. (a) The Angleton Drainage

District is a conservation and reclamation district re-created

under Section 59, Article XVI, Texas Constitution, for the

reclamation and drainage of the district's overflowed lands and

other lands needing drainage.

(b) The district is a municipal corporation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) all land and other property included in the district is, and

will be, benefited by the district and by the improvements the

district will purchase, construct, or otherwise acquire;

(2) the district is created to serve a public use and benefit;

and

(3) the district is essential to accomplish the purposes of

Section 59, Article XVI, Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.004. DISTRICT TERRITORY. The district is composed of

the territory described by Section 1, Chapter 9, Special Laws,

Acts of the 41st Legislature, 4th Called Session, 1930, as

referenced by Section 1, Chapter 43, Acts of the 57th

Legislature, 3rd Called Session, 1962, as that territory may have

been modified under:

(1) Section 6601.105 or its predecessor statute, Section 11,

Chapter 43, Acts of the 57th Legislature, 3rd Called Session,

1962;

(2) Chapter 4, Title 128, Revised Statutes, before August 30,

1971;

(3) Subchapter G, Chapter 53, Water Code, before September 1,

1995;

(4) Subchapter J, Chapter 49, Water Code; or

(5) other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. DISTRICT BOARD OF DIRECTORS

Sec. 6601.051. BOARD OF DIRECTORS. The board consists of three

directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.052. BALLOT APPLICATION DEADLINE. An application for

a place on the ballot for a directors election must be filed with

the secretary of the district not later than the 30th day before

the date of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.053. QUALIFICATIONS. A candidate for director must:

(1) be more than 21 years of age; and

(2) own land subject to taxation in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.054. MEETINGS. The board shall meet at:

(1) the Angleton City Hall at 7:30 p.m. on the first Tuesday in

February, May, August, and November of each year; or

(2) other times and places as decided by the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.055. ADDITIONAL DIRECTORS. (a) If territory is added

to the district and the board considers it advisable, the size of

the board may be increased to not more than five directors.

(b) If the size of the board is increased, the board shall

appoint the appropriate number of qualified persons to serve as

directors until successor directors are elected at the next

regular election of directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.056. SPECIAL ELECTION. (a) If the number of

directors is reduced to one, the remaining director shall call a

special election to fill the vacancies. If the remaining director

fails to call the special election before the 16th day after the

date the vacancies occur, the county judge of Brazoria County may

order a special election on petition of any resident of the

district.

(b) The election shall be conducted and notice shall be given in

the manner provided by Section 49.106, Water Code, for bond

elections of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 6601.101. POWERS AND DUTIES. (a) To accomplish the

purposes of Section 6601.002(a), the district has all the rights,

powers, privileges, and duties conferred and imposed by general

law on fresh water supply districts created under Section 59,

Article XVI, Texas Constitution, including the power to conserve,

transport, and distribute fresh water.

(b) Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff.

April 1, 2007.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2005, 79th Leg., Ch.

729, Sec. 2.02, eff. April 1, 2007.

Sec. 6601.102. DISTRICT POWERS. (a) The district may

construct, acquire, improve, enlarge, extend, repair, maintain,

or replace all walls, dams, dikes, levees, embankments, canals,

drains, tanks, laterals, and pumps that the board considers

necessary to accomplish district purposes.

(b) The district may make, construct, or otherwise acquire

improvements in or outside district boundaries as necessary to

implement the powers granted by this chapter and general law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.103. EMINENT DOMAIN. (a) Not by way of limitation,

the district may exercise the right of eminent domain to acquire

the right-of-way over and through private land, except property

used for cemetery purposes, as the board determines necessary for

making the district's canals, drains, ditches, levees, and other

improvements and the necessary outlets for those improvements.

The power of eminent domain is limited to Brazoria County.

(b) Right-of-way in a municipality may not be condemned without

the consent of the governing body of the municipality.

(c) The proceedings shall be in the name of the district and

under the direction of its board.

(d) An appeal of the findings and damage assessment by the

special commissioners does not suspend the work of the directors

in prosecuting the work in all of its details.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.104. COST OF RELOCATING PROPERTY. (a) In this

section, " sole expense" means the actual cost of relocating,

raising, lowering, rerouting, changing the grade of, or altering

the construction of a facility described in Subsection (b) in

providing comparable replacement without enhancement of the

facility, after deducting from that cost the net salvage value of

the old facility.

(b) If the district, in the exercise of the power of eminent

domain or relocation or another power granted under this chapter,

makes necessary the relocating, raising, rerouting, changing the

grade of, or altering the construction of a highway, a railroad,

an electric transmission line, telephone or telegraph properties

and facilities, or a pipeline, the necessary relocating, raising,

rerouting, changing of grade, or alteration of construction shall

be accomplished at the sole expense of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.105. ADDITION OF TERRITORY TO DISTRICT. (a) In

addition to adding territory as provided by Subchapter J, Chapter

49, Water Code, the district may add territory as provided by

this section. Territory added to the district need not be

contiguous to the district.

(b) The owner or owners of land may request by petition that the

board include the land in the district.

(c) A petition under Subsection (b) must be filed with the board

and describe the land to be added to the district. The

description may be by metes and bounds or by lot and block

number. The petition must be signed and executed in the manner

provided by law for the conveyance of real estate.

(d) The board shall hear and consider a petition filed under

this section. The board may add the land to the district if the

board considers the addition to be to the advantage of the

district.

(e) A petition granted under this section shall be filed and

recorded in the deed records of Brazoria County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.106. MOSQUITO HAZARD. (a) The legislature finds that

to properly drain and reclaim overflowed lands and other lands

needing drainage within the district and to restore and preserve

its waters for beneficial use, it is necessary to reduce and

alleviate the mosquito hazard existing in and around the lands

needing drainage.

(b) The board may purchase the equipment and supplies necessary

to conduct mosquito control work and may pay for the labor

necessary to operate and maintain the equipment from money

available for that purpose.

(c) If the board determines that an election should be held to

impose a tax for mosquito control work, the tax must be:

(1) submitted to the voters in a separate proposition from any

bond tax, maintenance tax, or other tax of the district

considered at the same election; and

(2) authorized in the manner provided by Section 49.107, Water

Code.

(d) The board may enter into a contract with a person, firm,

partnership, or corporation as necessary to obtain and provide

mosquito control. All available revenue accruing from the

mosquito control may be used to defray the cost of the control.

(e) Section 311.005(2), Government Code (Code Construction Act),

does not apply to this section.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.107. AWARD OF CONTRACTS. A contract for the making or

construction of a district improvement and all necessary work

related to the improvement shall be awarded to the lowest

responsible bidder in the manner provided by Article 7919,

Revised Statutes, as amended, if the cost exceeds $2,000.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. BONDS AND TAXES

Sec. 6601.151. LIMITATION ON DEBT. The total principal amount

of bonds that the district may have outstanding at any time may

not exceed 10 percent of the assessed value of all taxable

property in the district according to the most recent certified

appraisal roll of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.152. APPROVAL BY TEXAS COMMISSION ON ENVIRONMENTAL

QUALITY. Before the district spends any money received from the

sale of its bonds, the district must submit the plans and

specifications of the proposed improvements to the Texas

Commission on Environmental Quality for approval. If any

substantial changes are made in the plans, the changes must also

be submitted to the commission for approval.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.153. CONTINUATION OF PREVIOUS MAINTENANCE TAX. The

district may continue to levy a maintenance tax authorized by

Chapter 9, Special Laws, Acts of the 41st Legislature, 4th Called

Session, 1930.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6601.154. DISTRICT TAX ASSESSOR AND COLLECTOR. The

assessor and collector of taxes for Brazoria County is the

assessor and collector of taxes for the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.