Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature Page: 50
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SENATE JOURNAL.
being made irrigable by gravity,
without reference as to whether such
land is to be actually irrigated or
not, a special assessment of not
more than Five Dollars per acre, in
the following manner: The Board of
Directors of such district, upon being
presented with a petition in writ-
ing signed by a majority in number
of all of the land owners within
said district whose lands are to be
affected thereby, shall adopt a reso-
lution declaring that in their judg-
ment it is advisable and for the best
interest of such district, and will be
a benefit to the lands and property
included in said district and affected
thereby, to levy and collect annually
the special assessment hereinabove
referred to. Such resolution shall be
entered in the minutes, and notice
of its adoption shall be given by pub-
lication in a newspaper having gen-
eral circulation in the County in
which such district is situated. Such
notice shall be published once a
week for two consecutive weeks; the
first publication must appear not less
than ten (10) full days prior to the
time set down for the hearing. Such
notice shall state the time and place
of hearing and shall set out the res-
olution in full. It shall notify all
interested persons to appear and
offer testimony for or against the
proposal contained in the resolution.
If, upon such hearing, the Board of
Directors finds that it would be ad-
visable and for the best interest of
the district, and would be a benefit
to the lands and property situated in
said district and affected thereby
then, and in that event, such Board
shall enter its order so finding, and
said district shall thereupon be au-
thorized to levy and assess and col-
lect annually thereafter a special
assessment against all of the lands
within such district as are or to be
made irrigable by gravity, without
reference as to whether such land
is to be actually irrigated or not.
If the Board finds that it is not for
the best interest of the district and
it would not be a benefit to the lands
and property situated therein and
affected thereby, said Board shall so
find and enter its order against the
levy and collection of such special
assessment. The findings of said
Board of Directors shall be final and
not subject to appeal or review.
Sec. 5. In complying with the
Special Assessment provisions of thisAct, the Board of Directors of any
such district as is described in Sec-
tion 1 hereof, which has adopted
and entered the order referred to
in Section 4 providing for such as-
sessments, shall thereupon cause to
be set up and established by its de-
pository or depositories a fund to be
known as the "Self-liquidating Spe-
cial Assessment Fund," and from
and after the adoption of such order
all moneys received from such spe-
cial assessments shall be credited to
such fund and shall be used pri-
marily for the payment of all bonds
maturing in such year for which the
assessment is levied together with
all bond interest accruing in such
year, and the balance, if any, may
be disbursed as hereinafter provided.
Sec. 6. Such special assessment,
when so made and adopted by the
order of the Board hereinbefore
mentioned, shall remain in force, ef-
fect and operation until such time as
the bonds of the district and all in-
terest thereon have been fully paid
off and discharged, or until such
time as, in the opinion and judg-
ment of the Board of Directors of
such district, such assessment is not
necessary as an adjunct of said "Self-
liquidating Power Revenue Fund" in
supplementing and augmenting such
fund, for the purpose of liquidating
such bonds as they mature and pay-
ing the interest thereon as it ac-
crues. The amount of such assess-
ment shall, however, be determined
and fixed annually by said Board of
Directors in such a sum, within the
limits prescribed in Section 4 hereof,
as such Board shall in its judgment
find to be necessary to supply a fund
which, together with the estimated
power revenue fund, will be suffi-
cient to pay all bond maturities for
the year for which the assessment
is made, together with all bond in-
terest requirements accruing in such
year, taking into consideration a
proper allowance for delinquencies.
Sec. 7. All special assessments
hereunder shall be applicable and re-
ferrable to the calendar year and
shall be fixed and assessed in Janu-
ary of each year, or as soon there-
after as possible, except the first
assessment hereunder, which shall
be determined and fixed at the time
of the hearing at which the original
assessment order is made and en-
tered, which first assessment, or
amount thereof then fixed, shall be50
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Texas. Legislature. Senate. Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature, legislative document, 1932; (https://texashistory.unt.edu/ark:/67531/metapth142181/m1/56/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.