CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES

State Codes and Statutes

Statutes > Texas > Government-code > Title-9-public-securities > Chapter-1475-county-bonds-and-warrants-for-navigation-purposes

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES

CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES

SUBCHAPTER A. RIGHT-OF-WAY FOR FEDERAL NAVIGATION PROJECTS

Sec. 1475.001. PURPOSE; LIBERAL CONSTRUCTION. (a) The only

purpose of this subchapter is to grant counties in this state the

authority to issue bonds or warrants or to otherwise lend their

credit for the acquisition and conveyance to the United States of

the necessary right-of-way for waterways or navigable canals:

(1) the construction of which is authorized by federal

legislation; and

(2) the cost of construction and maintenance of which is to be

paid by the United States.

(b) This subchapter shall be liberally construed to accomplish

that purpose.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.002. AUTHORITY TO ACQUIRE RIGHT-OF-WAY AND DUMPING

PRIVILEGES. (a) For the purpose of navigation or to aid in

navigation, a county may, in accordance with Section 1475.003,

acquire right-of-way and necessary dumping privileges for a canal

or waterway the construction of which is authorized by federal

legislation.

(b) The county may:

(1) acquire the right-of-way and necessary dumping privileges by

purchase, through donation, or by exercising the county's power

of eminent domain; and

(2) convey the right-of-way and dumping privileges to the United

States by a deed executed in the manner that other deeds by a

county must be executed.

county may:

(1) allow the United States to acquire the right-of-way and

necessary dumping privileges through the United States' power of

eminent domain; and

(2) lend the county's credit by guaranteeing the United States

that the county will pay the resulting judgment or assessment of

damages for the value of the condemned property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.003. AUTHORITY TO ISSUE BONDS AND IMPOSE TAXES. To

pay for an action authorized by Section 1475.002, a county may,

on the approval of at least two-thirds of the qualified voters of

the county who vote on the measure:

(1) issue bonds or warrants or otherwise lend its credit in

addition to its other debt and in an amount not to exceed

one-fourth of the taxable value of the real property in the

county; and

(2) impose taxes to pay the interest on and to provide a sinking

fund for the redemption of the debt.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.004. ELECTION. (a) The commissioners court of a

county:

(1) may, on its own motion, order an election to determine

whether the county will issue bonds or warrants or otherwise lend

its credit to take an action under Section 1475.002; and

(2) shall order such an election if a petition signed by at

least 25 of the resident owners of taxable property in the county

that calls for the election is filed with the commissioners

court.

(b) The election order must include as close a description as

possible of:

(1) the proposed navigation purposes, aid to navigation, or

right-of-way and necessary dumping privileges to be acquired;

(2) the amount of the proposed bonds or warrants or the extent

of the credit proposed to be authorized for those purposes;

(3) if the commissioners court proposes to issue bonds or

warrants, the maturity dates and rate of interest of the bonds or

warrants; and

(4) if the commissioners court proposes to lend the credit of

the county, the manner in which the credit is to be used and the

terms of the credit to be authorized.

commissioners court shall give 20 days notice of the election:

(1) by publication in a newspaper published at the county seat;

and

(2) by posting in three public places in the county, one of

which must be at the county seat.

(d) The ballot shall be printed to permit voting for or against

the proposition: "The issuance of bonds (or, if appropriate, 'the

issuance of warrants' or 'the lending of credit') and the

imposition of a tax in payment of the bonds (or, if appropriate,

'in payment of the warrants' or 'in payment of the lending of

credit')."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.005. DUTIES OF COMMISSIONERS COURT AFTER VOTER

APPROVAL. If the voters approve the proposition, the

commissioners court shall enter in its minutes:

(1) the date of the election, the notice of the election, the

ballot proposition, and the result of the election; and

(2) an order that, as appropriate:

(A) provides for the issuance of the bonds or warrants and

states the amount, dates of maturity, and rate of interest of the

bonds or warrants; or

(B) authorizes the use of the county's credit, specifies the

extent to which the county will lend its credit, and specifies

the manner by and conditions under which the county will lend its

credit.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.006. INVESTMENT OF SINKING FUND. Money deposited to

the credit of the sinking fund of bonds or warrants issued under

this subchapter shall be invested as money deposited to the

credit of the sinking funds of other county bonds is invested.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.007. ISSUANCE OF BONDS AND WARRANTS; USE OF PROCEEDS.

(a) A bond or warrant issued under this subchapter shall be:

(1) issued in the name of the county;

(2) signed by the county judge; and

(3) attested by the county clerk under the seal of the

commissioners court.

(b) The commissioners court shall sell the bond or warrant on

the best terms possible.

shall be paid to the county treasurer. The county treasurer

shall:

(1) deposit the money to the credit of the county's navigation

fund account; and

(2) pay out the money on warrants in the manner that other

county funds are disbursed.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. PROPERTY FOR INTRACOASTAL CANAL PURPOSES

Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county adjacent to the Gulf of Mexico.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.052. AUTHORITY TO ACQUIRE LAND AND CERTAIN INTERESTS

IN LAND FOR CANAL PURPOSES. (a) If the acquisition is necessary

for the construction of an intracoastal canal, a county may, by

purchase or by exercising the county's power of eminent domain,

acquire public or private land, a right-of-way, an easement, or

dumping ground privileges.

(b) The county must exercise the power of eminent domain in the

manner provided by Chapter 21, Property Code. A county may not

condemn land under Subsection (a) if the land is used for

cemetery purposes.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.053. AUTHORITY TO ISSUE TIME WARRANTS. The

commissioners court of a county may issue time warrants to pay

for an acquisition under Section 1475.052.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.054. APPLICABILITY OF OTHER LAWS TO CONDEMNATION

PROCEEDINGS. Sections 261.002 and 261.003, Local Government

Code, apply to a condemnation proceeding brought under this

subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1475.055. EFFECT OF APPEAL. An appeal from a finding and

assessment of damages made as described by Chapter 21, Property

Code, does not suspend work by the United States that relates to

the property or property right sought to be acquired.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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