« PreviousContinue »
presiding judge of the polling place wherein 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 navigation district voted on at this election and I have not voted before at this election."
SEC. 9. Immediately after the election the presiding judge at each polling place shall make return of the result in the same manner as provided for in election for State and county officers and return the ballot boxes to the county clerk, who shall keep 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 vote and the county commissioners shall at such session canvass the vote and if it be found that a two-thirds majority of those voting at such election shall have been cast in favor of the navigation district and the issuance of bonds and levy of tax, then the court shall declare the result of said election to be in favor of said navigation district, and shall enter same in the minutes of the court as follows: “Commissioners Court of..... ...county, Texas,
..term A. D...... in the matter of petition of..........and... .others, praying for the establishment of a navigation district, and issuance of bonds and levy of taxes in said petition fully described and designated by the name of.......... Navigation District..... Be it known that an election called for that purpose in said district, held on the.... day of..........A. D.....a two-thirds majority of the resident property tax payers voting thereon voted in favor of the creation of said navigation district, and the issuance of bonds and the levy of a tax. Now, therefore, it is considered and ordered by the court that said navigation district be, and the same is hereby established by the name of..... Navigation District, and that the bonds of said district in the amount of
.....dollars be issued and a tax of.......cents on the hundred dollars of valuation, or so much thereof as may be necessary, be levied upon all property within said navigation district whether real, personal, mixed or otherwise, sufficient in amount to pay the interest on such bonds and provide a sinking fund sufficient to redeem them at maturity and that if said tax shall at any time become insufficient for such purposes same shall be increased until same is sufficient. The metes and bounds of said district, being as follows, to-wit:
SEC. 10. After the establishment of any navigation district as herein provided, the commissioners court or navigation board as the case may be, shall appoint three navigation and canal commissioners all of whom shall be residents of the proposed navigation district, who shall be freehold property tax payers and legal voters of the county, whose duties shall be as hereinafter provided, and who shall each receive for their services such compensation as may be fixed by the commissioners court and made of record. Said navigation and canal commissioners shall hold office for the term of two years and until their successors have qualified unless sooner removed by a majority vote of the county commissioners or navigation board as the case may be, for malfeasance or nonfeasance in office. Upon the expiration of the term of office of said navigation and canal commissioners the commissioners court or navigation board as the case may be, shall appoint their successors by a majority vote. Should any vacancy occur through the death or resignation or otherwise of any commissioner the same shall be filled by the commissioners court or the navigation board as the case may be.
Sec. 11. Before entering upon their duties all navigation and canal 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 or navigation board by which they are appointed whenever required to do so, which oath shall be filed by the county clerk and preserved as a part of the records of said navigation district.
SEC. 12. Before entering upon their duties each of the navigation and canal 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 navigation district and conditioned upon the faithful performance of their duties.
Sec. 13. The navigation and canal commissioners shall organize by electing one of their number chairman and one secretary and two of the commissioners shall constitute a quorum and a concurrence of two shall be sufficient in all matters pertaining to the business of said district.
Sec. 14. The navigation and canal commissioners shall have authority to employ a competent engineer whose term of office shall be at the will of the navigation and canal commissioners and who shall receive such compensation as may be determined by the navigation and canal commissioners. It shall be the duty of the engineer to make all necessary surveys, examinations, investigations, maps, plans and drawings with reference to the proposed improvements, he shall make estimate or estimates of the cost of same, shall supervise the work of improvement and shall do and perform all such duties as may be required of him by the navigation and canal commissioners. Provided, that if the river, creek, stream, bay, canal, or waterway to be improved is navigable or the improvement proposed be of such nature as requires the permission or consent of the Government of the United States or any department or officer of the Government of the United States, the navigation and canal commissioners shall be authorized to obtain the required permission or consent of the Government of the United States or any proper office or department thereof; and in lieu of the employment of an engineer as herein provided or in addition thereto, the navigation and canal commissioners shall have power to adopt any survey of the river, creek, canal, stream, bay, or waterway theretofore made by the Government of the United States or any department thereof and to arrange for surveys, examinations and investigations of the proposed improvement, and for supervision of the work of improvement by the Government of the United States or the proper department or officer thereof; provided that said navigation and canal commissioners shall have full power and authority to co-operate and act with the Government of the United States or any officer or department thereof, in any and all matters pertaining to or relating to the construction and maintenance of said canals and the improvement and navigation of all such navigable rivers, bays, creeks, stream, canals, and water ways whether by survey, work or expenditure of moner made or to be made either said navigation and canal commissioners or by said Government of the United States or any proper officer or department thereof, or by both, and to the end that the said Government of the United States may aid in all such matters, the saii commissioners shall have authority to agree and consent to the said Government of the United States, entering upon and taking management and control of said work, in so far as it may be necessary or permissible under the laws of the United States and the regulations and orders of any department thereof.
SEC. 15. When the said navigation and canal commissioners shall have determined the cost of the proposed improvement or improvements, all of the expenses incident thereto and cost of maintenance thereof, the said navigation and canal commissioners shall certify to the commissioners court of the county in which such district is situated, the amount of bonds necessary to be issued, and thereupon the said court at a regular or special meeting shall make an order directing the issuance of navigation bonds for such navigation district in the amount so certified; provided that the amount of bonds shall not exceed the amount authorized by the election theretofore held. In the event the proceeds of bonds issued by such navigation district should be insufficient to complete the proposed improvement or construction, or in the event the navigation and canal commissioners shall determine to make other and further construction or improvements or shall require additional funds with which to maintain the improvements made, they shall certify to the commissioners court of the county in which such district is situated the necessity for an additional bond issue, stating the amount required and the purpose of the same; the rate of interest of said bonds and the time for which they are to run, whereqpon the commissioners court shall issue such bonds unless the amount previously authorized shall have been exhausted in which case the commissioners court shall order an election on the issuance of said bonds, to be held within such navigation district at the earliest possible legal time, and in the manner hereinbefore provided for the original issue of bonds, at which election there shall be submitted the following propositions and none other: "For the issuance of bonds and levy of tax in payment thereof.” “Against the issuance of bonds and levy of tax in payment thereof." Notices of such election shall be given as provided in Section 6 of this Act and the election shall be held and conducted in the manner provided in Sections 7 and 8 of this Act. Only those who are qualified property tax paying voters as provided in this Act, shall vote at such election and the returns of such election shall be canvassed as provided in Section 9 of this Act.
[SEC.) 15a. If upon a canvass of the vote, the commissioners court shall determine that a two-thirds majority of the votes cast at said election shall have been cast in favor of the issuance of bonds and levr of tax the said court shall make an order directing the issuance of said bonds, and levy of tax; provided, however, that the outstanding bonds and the additional bonds so ordered shall not exceed in amount one-fourth of the assessed value of the real property in such district as shown by the last annual assessment thereof made for State and county taxation.
SEC. 16. All bonds issued under the provisions of this let shall be issued in the name of the navigation district, signed by the county judge and attested by the clerk of the county court, with the seal of the commissioners court affixed thereto, and such bonds shall be issued in denominations of not less than $100 nor more than $1000 each, and suci bonds shall bear interest at a rate not to exceed five per cent per annum. Such bonds and interest shall by their terms be made payable at the county treasurer's office of the county in which such navigation district is located, or elsewhere as may be fixed by said navigation and canal commissioners, and no bonds shall be made payable niore than forty years after date.
SEC. 17. Any navigation 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 a copy of the bonds to be issued, a certified copy of the order of the commissioners court levying the tax, copy of the order of the commissioners court levying the tax to pay interest and provide a sinking fund, and a statement of the total bonded indebtedness of such navigation district as such including the series of bonds proposed and the assessed value of property for the purpose of taxation, as shown by the last official assessment 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 said bonds in connection with the facts and the Constitution and laws on the subject of the execution of such bonds, and if as the result of such 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 such navigation district by which they are issued, he shall so officially certify.
SEC. 18. When said bonds have been examined by the Attorney General and his certificate issued to that effect they shall be registered by the State Comptroller in a book to be kept for that purpose, and the certificate of the Attorney General to the validity of such bonds shall be preserved of record for use in the event of litigation. Such bonds, after being approved by the Attorney General, and after 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 in question, prima facie, valid and binding obligations. And in every action brought to enforce collection of said bonds or interest thereon, the certificate of the Attorney General or a duly certified copy thereof shall be admitted and received as prima facie evidence of the validity of such bonds, together with the coupons thereto atached; provided, that the only defense that can be offered against the validity of said bonds, or coupons shall be forgery or fraud. But this article shall not be construed to give validity to any such bonds or coupons as may be issued in excess of the limit fixed by the Constitution, or contrary to its provisions, but all such bonds shall, to the extent of such excess be held void.
SEC. 19. Before issuing any bonds under the provisions of this Act the county commissioners court shall provide a well bound book, in which a record shall be kept by the county clerk of all bonds issued, with their numbers, amount, rate of interest, and date of issue, when due, where payable and amount received for the same, and the annual rate per cent assessment made each year to pay the interest on said bonds and provide a sinking fund for their payment. 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 or otherwise, 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 navigation district the same fees as provided by law for other like records.
Sec. 20. When such bonds have been registered, as provided for in the preceding Section of this Act, the chairman of the navigation and canal commissioners shall offer for sale and sell said bonds on the best terms and for the best price possible, but 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 moneys received therefor shall be paid to the county treasurer and shall by him be placed to the credit of such navigation district.
Sec. 21. Before the said chairman of the navigation and canal commissioners shall be authorized to sell any of the navigation bonds he shall execute a good and sufficient bond, payable to the county judge or his successors in office, to be approved by the county commissioners court of said county for an amount not less than the amount of the bonds issued, conditioned upon the faithful discharge of his duties.
Sec. 22. All expenses, of any kind, after the filing of the original petition necessarily incurred in connection with the creation, establishment and maintenance of any navigation district organized under the provisions of this Act shall be paid out of the “Construction and Maintenance Fund” of such navigation district, which fund shall consist of all moneys received from the sale of bonds and all other amounts received by said district from whatever source, except the tax collections applied to the sinking fund and payment of interest on the navigation bonds. Provided, that should the proposition of the creation of such navigation district and issuance of bonds be defeated at the election called to vote upon same, then all expenses up to and including said election shall be paid in the following manner: When the original petition praying for the establishment of a navigation district is filed with the county commissioners court it shall be accompanied by $500 in cash, which shall be deposited with the clerk of said county commissioners court, and by him held until after the result of the election for the creation of said navigation 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 said district then the said $500 shall be by said clerk returned to the signers of said original peti