CHAPTER 6601. ANGLETON DRAINAGE DISTRICT
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.