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thereof, but no land.at the same time shall be included within the boundaries of more than one improvement district created under the provisions of this Act.
Such improvement districts, when so created, established and defined, may build and construct, or cause to be built and constructed and maintained, levees or other improvements on all rivers, creeks, and streams within such district, or which may border on the same, to prevent over flows thereof, and issue bonds in payment therefor, and the maintenance thereof, and levy and collect taxes for the payment of said bonds and interest thereon, as hereinafter provided; and may acquire by grant, condemnation or otherwise, such levees or other improvements as may have been already constructed in such district.
SEC. 2. Upon the presentation of the commissioners court of any county in the State of a petition signed by twenty-five of the residen property taxpayers in the proposed district, or in the event there are less .than seventy-five resident property tax payers in the proposed district, then by one-third of such resident property tax payers of such district, praying for the establishment of an improvement district, the issuance of bonds and levy of a tax in payment thereof, and setting forth the necessity and feasibility and proposed boundaries thereof, and designating the name for such, the name to include the name of the county, the said commissioners court shall, if in session when said petition is presented, at said session of the court set said petition down for a hearing at some regular or special session of the court called for that purpose, not less than thirty nor more than sixty days from the date of the presentation of said petition, and shall order the clerk of said court to give notice of the filing of the said petition, and of the date and place of hearing, by posting written or printed notices, thereof in five public places in said county, one of which shall be at the court house door of the said county, and four of which shall be within the limits of the proposed improvement district. Such notices shall be posted for twenty days prior to the time set for such hearing. Said clerk may deputize some other person to perform such service, and the affidavit of such clerk or his deputy that such notices have been so posted shall be held conclusive thereof. Said clerk shall receive as compensation for such service $1.00 for each of such notices and five (5) cents per mile for each mile necessary to be traveled in posting same. Should said commissioners court not be in session, at the time of the filing of said petition, it may be filed with the county judge of the county, who shall thereupon make and enter an order upon the minutes of said commissioners court, setting said petition for hearing at some regular or special term of said commissioners court, called for that purpose not less than thirty nor more than sixty days from the filing of said petition, and shall order the clerk of the said commissioners court to give said notice as is herein provided for in this Section, and which notice shall be posted for the time and as is provided for in this Section.
SEC. 3. At the time set down for the hearing of said petition any person who would be affected by the creation of said district may appear before the said court and contest or contend for the creation of said district and may offer testimony to show that the said district is or is not necessary and would or would not be of public utility, and the creation of said district would or would not be feasible or practicable. Said commissioners court shall have exclusive or final jurisdiction to hear and determine all contests and objections to the creation of such districts, and all matters pertaining to the same, and said court shall have exclusive jurisdiction over all subsequent proceedings of said district, when organized, except as herein provided and may adjourn hearings on any matter connected therewith from day to day; and all judgments, orders or decrees, rendered by said court in relation thereto shall be final except as hereinafter provided.
Sec. 4. If upon the hearing of said petition it shall appear to the court that the improvement of said river or rivers, creek or creeks or streams within such district, or which may border on the same, to prevent overflows, is feasible and practicable, and that it is needed ini would be a public benefit, then the court shall so find and shall render judgment reciting such findings and create and establish such im 'ovement districts, and cause such judgment to be entered of record. But if the court should find that the improvement of such river or rivers, creek or creeks and streams, is not feasible or practicable, or that it is not needed and would [not] be a public benefit, then the court shall enter such findings of record and dismiss such petition at the cost of the petitioners.
Sec. 5. Should the court render judgment establishing.such improvement district according to the boundaries set out in such petition, then the court shall appoint a competent engineer who shall receive a sun of not more than $10.00 per day for his services for the time he is actually engaged in the work for which he is appointed, and said engineer may with the consent of the commissioners court, or the county judge employ such assistants as may be necessary at such compensation as may be fixed by the commissioners court or the county judge.
Sec. 6. Before entering upon his official duties, the civil engineer shall enter into a bond in the sum of $500.00 with two or more sureties to be approved by and payable to the county judge for the use and benefit of the improvement district, conditioned for the faithful discharge of his duties under this Act.
Sec. 7. Said civil engineer, shall, as soon as practicable, go upon the lands and rivers, creeks and streams embraced in said district or bordering thereon and examine such river, creek or stream proposed to be improved by levee or otherwise, and make an estimate of the probable cost of making and completing such levee or other improvement and shall also designate the river or rivers, creek or creeks or streams necessary to be improved and the estimated cost of eacil, and also the estimated probable cost of maintaining same per year and make a detailed report of his work to the commissioners court.
SEC. 8. Such report shall be accompanied by maps showing the initial or beginning point of such improvement and the nature and character and location of same, with the estimated cost thereof, together with the location and size of all levees and the number of cubic yards of earth necessary to construct the same.
Sec. 9. When the said report is filed with the clerk of the commissioners court, it shall be the duty of the said court, if then in session, to make and enter of record an order setting said report down for a hearing at some subsequent regular or special term of not less than thirty nor more than forty days from said filing and to require the clerk to give notice of such hearing by posting written or printed notices in the manner and places and for the length of time and for the same compensation as is provided for in Section of this Act in regard to original notices of the filing of the petition. Should said court not be in session at the time of the filing of such report then the county judge shall make the orders and cause written or printed notices to be given and posted as provided for in this Act, and if there should be no regular session of the said court within 30 days after such filing, he shall call a special session of the commissioners court to act on such report, not less than thirty nor more than forty days from such filing. At the hearing of the said report any tax payer of said district, whether he resides in said district or not may appear and object to any and all of such improvements and levees for the reason that they are located at the place or places, or that they are not sufficient in capacity to prevent an overflow.
Sec. 10. If there should be no objection to said report or if there should be objections thereto and the court shall find that the objections are not well taken, the report shall be approved and the said report and the fact of such approval entered of record in the minutes of said commissioners court, but the commissioners court shall not be confined to the nature and character of the improvements or to the initial point, course and end of such improvements as shown by the report of the engineer, but may change the location and add to or reduce the size, length and height of the levees and order the engineer to locate any additional levees and improvements as may be ordered by the commissioners court and the commissioners court, if it is deemed necessary, may refer the entire report back to the engineer for a compliance with the order of said court; provided, that if the said commissioners court shall not adopt in whole or in part, the original report of the said engineer, as provided herein they shall require and it shall be the duty of the said engineer to make and file with the said commissioners court a further report in writing of the probable cost of said improvements, as said improvements may be modified or changed by said commissioners court, as provided for in this Act. Before the said commissioners court shall make any changes or alterations in such improvements, as reported by euch engineer and as provided for in this Section, such proposed action of the court shall be set down for hearing and notice thereof shall be given by posting written or printed notices for the same length of time and in the same manner as provided for in Section 9 or this Act in regard to the hearing of the said original report of said engineer.
SEC. 11. After the approval of the engineer's report or reports as provided for in the preceding Sections of the Act, and at the same session of the said commissioners court, the said court shall order an election to be held within such improvement district at the earliest possible time, at which time there shall be submitted the following proposition and none other: "For the improvement district and the issuance of bonds and levies of tax in payment therefor.” “Against the improvement district and the issuance of bonds and levies of tax in payment therefor.”
Sec. 12. Notice of said election stating the time and place or places of holding the same shall be given by the clerk of the county commissioners court by posting written or printed notices thereof in five public places in such proposed improvement district, and one at the court house door of the county in which such district is situated. Such notices shall contain the propositions to be voted upon as set forth in Section 11 of this Act, and shall also state the estimated cost of such improvement as reported by the engineer, and approved by the commisisoners court, and also the amount of bonds proposed to be issued, together with the rate of interest the same shall bear, and when the said bonds shall be due, and for a tax to be levied and collected to pay said bonds and interest thereon.
Sec. 13. The manner of conducting said election shall be governed by the election law of the State of Texas, except as herein, otherwise provided. None but resident property tax payers who are qualified voters of the said proposed improvement district shall be entitled to vote at any election on any question submitted to the voters thereof by the county commissioners court at such election. The commissioners court shall name the polling place or places for such election within the proposed improvement district and shall also select and appoint judges and other necessary officers of the election and shall provide one and one half times as many ballots for said election as there are qualified resident taxpaying voters within such district as shown by the tax rolls of the county. Such ballots shall have printed thereon these words and none others: "For the improvement district and issuance of bonds and levy of taxes in payment therefor.” “Against the improvement district and issuance of bonds and levy of taxes in payment therefor.”
Sec. 14. Every person who offers to vote in any election held under the provisions of this Act shall first take the following oath before the presiding judge of the polling place where he offers to vote, and the presiding judge is hereby authorized to administer same: "I do solemnly swear (or affirm) that I am a qualified voter of....
..county, and that I am a resident property tax payer of the proposed improvement district voted on in this election, and I have not voted before at this election.”
Sec. 15. Immediately after the election the presiding judge at each polling place shall make returns of the result in the same manner as provided for in elections for State and county officers and return the ballot boxes to the county clerk, who shall keep the same in a safe place, and deliver them, together with the returns from the several polling places to the commissioners court at its next regular session, or special session called for the purpose of canvassing the votes and the county commissioners court shall at such session canvass the vote, and if it be found that a two-thirds of all of the resident property taxpayers voting thereon shall have been cast in favor of the improvements, and the issuance of bonds and levy of taxes, then the court shall declare the result of the election to be in favor of the said improvement district, and bonds and taxes, and shall enter the same in the minutes of the said court az follows: “The County Commissioners Court of.
Term, A. D.
in the matter of
the petition of...
and others, praying for the establishment of an improvement district the issuance of bonds and the levy of a tax in payment thereof, in said petition fully described and designated by the name of......
Be it known that at an election held for said purposes [in] said district on the........day of........ A. D.
a two-thirds of all of the resident property tax-payers voting at said election, voted in favor of the creation of said improvement district and the issuance of bonds and the levy of taxes. Now therefore, it is considered and ordered by the court that said improvement district be and the same is hereby established by the name of
Improvement District within the following named metes and bounds, towit: (Giving boundaries of the district.)
SEC. 16. After the establishment of this district as herein provided, the commissioners court shall appoint three improvement commissioners, by a majority vote of said court, whose duty shall be as hereinafter provided, who shall each receive for his services a sum of not more than $3.00 per day for the time actually engaged in the work of said district; provided, that the compensation, if any, shall have been definitely fixed in the order of the court making said appointment, and before any amount shall be paid to said commissioners, or either of them they shall make a detailed report to the commissioners court of the time actually engaged in the work for said district, and of the work done, and such report shall be audited and approved by the commissioners court. Said improvement commissioners shall hold office for a terin of two years and until their successors shall be qualified, unless removed by a majority vote of the commissioners court for malfeasance, or for non-feasance in office, upon the expiration of the term of office of the said improvement commissioners, or in case of the resignation, death or refusal to act of any such improvement commissioners, the commissioners court shall appoint their successors by a majority vote of said court.
SEC. 17. Before entering upon their duties all improvement commissioners shall take and subscribe before the county judge an oath to faithfully discharge the duties of their office without favor or partiality, and to render a true account of their doings to the court by which they are appointed, whenever required to do so, which oath shall be filed by the clerk of the said commissioners court and preserved as a part of the records of said improvement district.
SEC. 18. Before entering upon their duties each of the said improvement commissioners shall make and enter into a good and sufficient bond in the sum of $1000 payable to the county judge for the use and benefit of said improvement district, conditioned upon the faithful per. formance of their duty.
SEC. 19. * The improvement commissioners shall organize by electing one of their number chairman and one secretary, and two of whom shall constitute a quorum, and the concurrence of two shall be sufficient in all matters pertaining to the business of said district.
SEC. 20. After the establishment of said district the improvement commissioners shall employ a competent civil engineer, upon a salary not to exceed the sum of $10 per day, for the time actually engaged in the