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AN ACT
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relating to the dissolution of the Falls County Water Control and |
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Improvement District No. 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "City" means the City of Marlin. |
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(2) "District" means the Falls County Water Control |
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and Improvement District No. 1. |
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SECTION 2. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) the citizens of the district approved the creation |
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of the district for the purpose of developing a flood control |
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program; |
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(2) the district entered into an agreement with the |
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city and other parties to acquire the property rights necessary for |
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the construction of three flood retention structures that are |
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related to the Brushy Creek reservoir and the district acquired |
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those property rights; |
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(3) the district and the city expended public funds |
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towards the completion of the project in accordance with the terms |
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of the agreement between the parties, including approximately $3.5 |
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million spent by the city on the project as of the effective date of |
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this Act; |
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(4) the city is relying on the Brushy Creek reservoir |
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and the related flood control structures to meet future water |
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supply needs; |
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(5) the board of the district voted to dissolve the |
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district and the citizens of the district confirmed the intent to |
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dissolve the district at an election, and the law is unclear on the |
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disposition of the district's assets in the event of dissolution; |
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(6) the district's primary assets are the easements |
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acquired under the terms of the agreement with revenue from |
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taxation and those easements are essential to the completion of the |
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Brushy Creek reservoir project by the city; |
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(7) the Brushy Creek reservoir is included in the 2017 |
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state water plan as a regional water supply source and should be |
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completed; |
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(8) the territory of the district will benefit by the |
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completion of the reservoir; and |
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(9) in the interest of public health and welfare, to |
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help ensure an adequate water supply for present and future needs, |
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to fulfill the will of the citizens of the district to dissolve the |
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district and end the collection of ad valorem taxes, and to secure |
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the investment of public funds already incurred for the project, |
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all assets and obligations of the district should be transferred to |
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the city and the district dissolved. |
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SECTION 3. DISSOLUTION OF DISTRICT AND TRANSFER OF ASSETS |
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AND OBLIGATIONS. (a) On the effective date of this Act, the |
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district is dissolved and has no legal authority to take any action, |
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and the transfer of the assets and obligations of the district to |
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the city is authorized. The city bears the responsibility of: |
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(1) transferring the title of the assets of the |
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district to the city; and |
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(2) assuming the obligations of the district. |
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(b) The county clerk of Falls County, the commissioners |
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court of Falls County, and any district court with jurisdiction |
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over a matter related to the provisions of this Act shall take |
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notice of this Act as an authorization to transfer the title of the |
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assets to the city and assume the obligations of the district on |
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application or petition by the city. |
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SECTION 4. NOTICE. (a) The legal notice of the intention |
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to introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 976 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 976 passed the House on |
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May 19, 2017, by the following vote: Yeas 141, Nays 3, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |