The Laws of Texas, 1934-1935 [Volume 29] Page: 277 of 2,086
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FORTY-THIRD LEGISLATURE-THIRD CALLED SESSION. 23
find that it would be advisable 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 authorized to levy and assess and
collect annually thereafter a special assessment against all of
the lands within such districts 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 assesment. The findings of said
Board of Directors shall be final and not subject to appeal or
review.
In complying with the Special Assessment provisions of this
Act, the Board of Directors of any such district which has
adopted and entered the order referred to herein, providing for
such assessments, shall thereupon cause to be set up and established
by its depositors a fund to be known as the "Selfliquidating
Special Assessment Fund," and from and after the
adoption of such order all moneys received from such special
assessments shall be credited to such fund and shall be used
primarily 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.
Such special assessment, when so made and adopted by the
order of the Board hereinbefore mentioned, shall remain in
force, effect and operation until such time as the bonds of the
district and all interest thereon have been fully paid off and
discharged, or until such time as, in the opinion and judgment
of the Board of Directors of such district, such assessment is
not necessary as an adjunct of "Bond and Interest Redemption
Fund" in supplementing and augmenting such fund, for
the purpose of liquidating such bonds as they mature and paying
the interest thereon as it accrues. The amount of such
assessment shall, however, be determined and fixed annually
by said Board of Directors in such a sum, within the limits
prescribed herein, as such Board, shall in its judgment find to
be necessary to supply a fund which, together with the "Bond
and Interest Redemption Fund", will be sufficient to pay all
bond and interest requirements accruing in such year, taking
into consideration a proper allowance for delinquencies.
All special assessments hereunder shall be applicable and
referable to the calendar year and shall be fixed and assessed
in January of each year, or as soon thereafter 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 entered, which first assessment,
or amount thereof then fixed, shall be referable and applicable
to the following succeeding calendar year.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17292/m1/277/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .