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work, whose term of office shall be at the will of said commissioners, which civil engineer shall proceed to make a map of such improvement district, showing the boundary lines thereof, with the original surveys. therein, and also make maps and profiles of the several levees or such other improvements located in such district, but a copy of the land map of the county as it applies to such district showing the name and number of surveys and showing the area or number of acres contained in such district shall be a sufficient compliance with such order, in so far as making a map of the district is required, and any recognized map of any city or town which may be embraced within the boundaries of the district shall be sufficient as to such site of the town; provided, however, that where boundary lines of such improvements or any of them cornered at original surveys, the map shall show how many acres of such original survey are included within such improvement district.
SEC. 21. The map and profile of such levees and other improvements required by the provisions of this Act to be made, shall show the relations that each levee or other improvement bears to each tract of land through which it passes, and the shape in which it divides each tract, and where the levee or other improvements cut off any tract of land less than twenty acres, then the map shall show the number of acres so divided therefrom, and the number of acres in the whole tracts, and its relation to such levees or other improvements, and such profile map shall also show the number of cubic yards of earth necessary to be excavated to make each levee or other improvement located in such district, and give the estimated cost of each, and when said maps, profiles and estimates shall have been completed by the said engineer, he shall sign the same in his official capacity and file them with the clerk of the said commissioners court. It is hereby further made the duty of such engineer to supervise and control the construction of any levee or other improvements made in said district as hereinafter provided.
SEC. 22. After the establishment of any such improvement district and after the making and filing of such maps and profiles and estimates, as herein provided for, and after said election authorizing the issuance of bonds and levy of tax, the commissioners court shall make an order directing the issuance of improvement bonds for such districts, sufficient to pay for such proposed improvements, and the maintenance thereof for a period of not exceeding two years; provided, however, that said bonds shall not exceed in the amount one fourth of the assessed value of the real property of such district, as shown by the last annual assesment thereof made for the State and county taxation, and shall not exceed the estimate made by such engineer made before the election, and voted on at the election in this Act provided for; provided, however, that fi after an election has been held establishing the district, levying a tax and issuance of bonds, it should become necessary for said improvement district. to make further improvements, or alterations in the improvements already constituted or to repair or maintain the improvements so created and there shall be no sufficient funds in the construction and maintenance funds, with which such improvements, alterations, repairs and maintenance may be made, then the improvement commissioners may apply to the commissioners court for an election to be ordered by said court to issue
additional bonds, stating the necessity therefor and the amount of bonds. necessary, and the character of such improvements, repairs and maintenance, and the estimated cost therefor as made by such engineer, which shall accompany said application and upon the filing of such application the commissioners court shall set same down for hearing at some future regular or special session and cause the county clerk to give notice of such hearing, which notice shall state the character of such improvements etc., together with the estimated cost therefor and the amount of such bonds and the rate of interest thereon, and the date when due. Said written or printed notices shall be posted in the same manner and places and for the same length of time as required by this Act for the original petition for the creation of such district. If, upon said hearing, the court should find that the necessity for the issuance of such additional bonds and that the taxable values of the real property of the said district as shown by the last annual assessment rolls for State and county taxes, will admit of an additional bond issue, then the court shall order an election within said district for the purpose of voting on said proposed bond issue and the levy of taxes to pay said bonds and the interest thereon. The manner of holding such election and making returns, and the notices for said election, manner and time of giving notice thereof and the qualifications of the persons entitled to vote therein, shall be the same as, and in all things governed by the provisions of this Act for the election held for the issuance of bonds and levy of tax in the first instance, and the commissioners court shall meet and canvass the returns of such election as in the said first election, and if it be found that two-thirds of the resident property tax payers voting at said election vote in favor of the issuance of said additional bonds and the levy of said tax then the said commissioners court shall enter an order reciting the result of said election, and ordering the issuance of said additional bonds and issuance and sale and registration of such additional bonds and levy of said tax, and the issuance and sale and registration of such additional bonds shall in all things be governed by the provisions of this Act in regard to the bonds first issued.
SEC. 23. All bonds issued under the provisions of this Act shall be issued in the name of the improvement district, and shall be signed by the county judge and attested by the clerk of the county court with the seal of the county court affixed thereto, and such bonds shall be issued in denominations of not less than $100 nor more than $1000 each and shall bear interest at a rate of interest not to exceed 5 per cent per annum, payable semi-annually at such times as may be specified therein. Such bonds and interest shall be made payable at the county treasurer's office of the county in which such improvement district is located, or in the City of Austin, and no bond shall be made payable for more than forty years after its date.
SEC. 24. Any improvement district in the State of Texas desiring to issue bonds in accordance with this Act shall, before such bonds are offered for sale forward to the Attorney General of this State a copy of the bond to be issued, a certified copy of the order of the commissioners court levying the tax to pay interest and providing a sinking fund for the payment of such bonds, and a statement of the total bonded indebt
edness of such improvement district as such, including the series of bonds proposed and the assessed value of the property for the purpose of taxation as shown by the last official estimate by the county, together with such other information as the Attorney General may require. Whereupon, it shall be the duty of the Attorney General to carefully examine the said bonds in connection with the facts and the Constitution and laws of the State of Texas governing and controlling the execution of said bonds, and, if as a result of the examination, the Attorney General shall find that such bonds were issued in conformity with the Constitution and laws and, that they are valid and binding obligations upon said improvement district in which they are issued, he shall officially so certify.
SEC. 25. When such bonds have been examined by the Attorney General and his certificate attached thereto they shall be registered by the State Comptroller in a book to be kept for that purpose, and the certificate of the Attorney General as to the validity of such bonds shall be preserved of record for use in event of litigation. Such bonds, after receiving the certificate of the Attorney General and having been registered in the Comptroller's office, as herein provided, shall thereafter be held in every action, suit, or proceeding in which their validity is, or may be, brought into question, a prima facie, valid and complete obligation, and in every action brought to enforce the collection of such bonds, the certificate of the Attorney General or a duly certified copy thereof, shall be admitted and received in evidence on the validity of such bonds, together with the interest coupons thereto attached, provided, that the only defense that can be offered against the validity of such bonds shall be forgery or fraud. But this article shall not be construed to give validity to any such bonds as may be issued in excess of the limits fixed by the Constitution, or contrary to its provisions, but all such bonds shall to the extent of such excess levy be void.
SEC. 26. Before issuing any bonds under the provisions of this Act, the county commissioners court shall first provide a well bound book in which a record shall be kept by the clerk of said court of all bondissued with their number, amount, rate of interest and date of issuance, when due, where payable and amount received for the same, and the tax estimate to pay the interest on said bonds, and said commissioners court shall provide for a sinking fund for their payment, which shall be set forth in said book, and said book shall at all times be open to the inspection of all parties interested in said district, either as tax payers or bond holders, and upon the payment of any bond an entry thereof shall be made in said book. The county clerk shall receive for his services in recording all bonds and other instruments of the improvement district. the same fees as provided for other like records.
SEC. 27. When such bonds have been registered as provided for in the preceding Section of this Act, the county commissioners court may appoint the county judge or some other suitable persons to sell said bonds on the best terms and for the best price possible, provided that none of said bonds shall be sold for less than the face par value thereof and accrued interest thereon, and as fast as said bonds are sold all money received therefrom shall be paid into the county treasury and shall by him be placed to the credit of such improvement district.
SEC. 28. Before the county judge or such other person as may be appointed by the commissioners court shall be authorized to sell any of said improvement bonds, the county judge or other person so appointed shall execute a good and sufficient bond payable to the commissioners of such improvement district to be approved by the commissioners court. of said county for an amount not less than the amount of the bonds issued, conditioned upon the faithful discharge of his duty, which bonds shall be subject to the approval of said improvement commissioners, and the person selling said bonds shall be allowed one-half of one per cent of the amount received for sale of the bonds sold by him in full payment for his services in their behalf.
SEC. 29. All expenses of any kind after the filing of the original petition necessarily incurred in connection with the creation, establishment and maintenance of any improvement district under the provisions of this Act, shall be paid out of the construction and maintenance funds of such improvement district, which funds shall consist of all moneys received from the sale of bonds and all other moneys or property received by such district whatsoever the source, except tax collections applied to the sinking funds and the payment of interest on the improvement bonds, provided that, should the proposition for the creation of such improvement district and the issuance of bonds be defeated at the election called to vote upon the same, then all expense up to and including said election shall be paid for as provided in this Act.
SEC. 30. When the petition praying for the establishment of an improvement district is filed with the county commissioners court it shall be accompanied by two hundred ($200) dollars in cash which shall be deposited with the clerk of the said county commisisoners court, and by him held until after the result of the election for the creation of said improvement district has been declared and entered of record by the commissioners court as hereinbefore provided, and should the result of said election be in favor of the establishment of such district then the said two hundred ($200) dollars shall be by the said clerk returned to the signers of the said original petition, or their treasurer or attorney, but should the result of said election be against the establishment of said improvement district then the said clerk shall pay out of the said sum of two hundred ($200) dollars, upon vouchers signed by the county judge, all costs and expenses pertaining to the said proposed improvement district up ti and including the said election, and shall return the balance if any, to the signers of said original petition, or their agent or attorney. SEC. 31. Whenever any such improvement bonds shall have been voted, the commissioners court shall levy and cause to be assessed and collected, improvement taxes upon all property within said improvement district, whether real, personal or mixed, or otherwise, and sufficient in amount to pay the interest on such bonds as it shall fall due, together with an additional amount to be annually placed in the sinking funds sufficient to discharge and redeem said bonds at their maturity. If advisable the sinking fund shall from time to time be invested in such county, municipal district [or] other bonds as shall be approved by the Attorney General of the State. If any of said bonds shall be offered for payment and redemption before the date of their maturity, it shall
be the duty of the county judge of the county, and the county treasurer to pay and redeem same upon request of the improvement commissioners, if there be at the time a sufficient amount of money in said sinking fund for that purpose.
SEC. 32. The county commissioners court shall provide all necessary additional books for the use of the assessor and collection [collector] of taxes and the county clerk for such improvement district, and charge the cost of same to the said district. It shall be the duty of the county tax assessor, when ordered to do so by the commissioners court, to assess all property within such improvement district and list the same for taxation in the books or rolls furnished by the said commissioners court for that purpose and return said books or rolls at the same time when he returns the other books or rolls of the State and county taxes for correction and approval; if the said commissioners court shall find said books or rolls correct, they shall approve the same and order the county clerk to issue a warrant against the county treasurer in favor of said tax assessor to be paid from the funds of said improvement district. The tax assessor shall receive for his services such compensation as the said county commissioners court shall deem proper to compensate him for the amount of work done, provided that the said county assessor shall in no event be allowed less than what he is now allowed by law for like services. Should the tax assessor fail or refuse to comply with the orders of the commissioners court requiring him to assess and list for taxation all property in such improvement district as herein provided, he shall be suspended from the further discharge of his duty by the commissioners court of his county, and he shall be removed from office in the mode prescribed by law for the removal of county officers.
SEC. 33. The tax collector of the county shall be charged by the county commisisoners court with the assessment rolls of the improvement district and he shall be allowed for such compensation for the collections of such taxes as he is now allowed for the collection of other taxes. The county commissioners court shall require the tax collector of the county to give an additional bond of security in such sum as they may deem proper and safe to secure the collection of said taxes, and should any collector of taxes fail or refuse to give such additional bond or surety as herein provided when required by the commissioners court within the time prescribed by law for such purposes, he shall be suspended from office by the commissioners court of his county, and immediately thereafter be removed from office in the mode prescribed by law. SEC. 34. It shall be the duty of the tax collector to make a certified list of all delinquent property, upon which the improvement taxes have not been paid and return the same to the county commissioners court, and said court shall proceed to have said taxes collected by the sale by the collector, or by suit, in the same manner as now provided for the collection of delinquent State and county taxes, and at any sale of such property for such delinquent improvement taxes, the improvement commissioners may become the purchasers of the same for the benefit of the improvement district.
SEC. 35. It shall be the duty of the county treasurer to open an account with the improvement district and to keep an accurate account