04-12-1988 Meeting - Laserfiche WebLink

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• • KNOX W. ASKINS, J. D., P. C. _ ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 JOHN D. ARMSTRONG, J.D. LA PORTE, TEXAS 77571-1218 ASSOCIATE June 3, 1988 Mr. Bob Herrera General Manager La Porte Area Water Authority P.O. Box 1115 La Porte, Texas 77572-1115 TELEPHONE 713 471-1886 RE: La Porte Area Water Authority Annexation of Bayshore Municipal Utility District (BAYMUD) Dear Bob: You have asked that I advise you concerning the authority of the La Porte Area Water Authority to annex the Bayshore Municipal Utility District. As you know, BAYMUD some time ago submitted a petition tc the La Porte Area Water Authority that requested annexation of the District by the Authority. The petition in my estimation complies with V.T.C.A., Water Code, Section 54.711 through 54.721. The question has been raised in my mind regarding the validity of the annexation procedure, due to the fact that a Texas Water Commission lawyer that I spoke to in Austin indicated to me in the past that the La Porte Area Water Authority would not have the power to proceed to annex a freshwater supply district. However, I have spoken with other specialists in the field, including another Texas Water Commission lawyer, who indicated to me that the La Porte Area Water Authority would have the authority, pursuant to State law, to annex the territory encompassing BAYMUD. In my opinion, Chapter 54 of the Water Code, and the La Porte Area Water Authority enabling act, Vernon's Texas Session Laws, 67th Legislature, Chapter 729, Page 2678 (the "Authority Act") clearly provide that the La Porte Area Water Authority has the power to annex the territory encompassing BAYMUD, and clearly sets forth a procedure for the annexation. I have, by previous opinion letters submitted to you, spelled out the steps required in the Water Code and in the Authority act. I understand that the sole reason for adding the land encompassed within BAYMUD to the boundaries of the La Porte Area Water Authority, is to provide that BAYMUD would have a Director seated on the Board of the La Porte Area Water Authority, said Director qualifying under Section 10(b) of the Authority Act. Even if a Director qualified from the territory to be added to the boundaries of the Authority by the Authority's annexation of BAYMUD, if the City of La Porte subsequently annexed BAYMUD, then the Director added would automatically be dis- qualified from continuing his service on the Board of Directors.