The Hereford Brand (Hereford, Tex.), Vol. 35TH YEAR, No. 34, Ed. 1 Thursday, August 29, 1935 Page: 8 of 10
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wtwn mirOlO, TEXAS, THUBSDAT, AUGUST M, IMS.
Would Create Districts for Wind Erosion Conservation
♦♦♦♦♦♦♦♦ H
HOUSE BILL No. 978
AN ACT
AUTHORIZING tli<‘ creation and
incorporation of Wind Erosion Con-
servation District coextensive with
in this State shall call an elec-
tion to l>e held throughout such
county to determine whether a
majority of the legally qualified
tax paying voters of such county
the area of any county iu this favor the creation and incorporu-
State; prescribing the methods of1 tioii of the area of such county into
creation of same aud designing the [a Wind Erosion Conservation Dls-
]lowers and duties of such I >ls-1 trict. The procedure for holding
t riots; prescribing that the County and declaring tin* result of such
Judge aud Commissioners Court an election siiall l>c in substantial
shall consltute the Governing Body complin nee with the requirements
and that the County Treasurer and for elections to vote bonds for pub-
County Clerk shall lie the Treus- lie improvements. All persons who
lirer and Clerk of such Districts; are legally qualified property tax
making such Districts agencies of paying voters shall lie entitled to
the State; prescribing the nature vote at such election. Each voter
of work tliut may lie done by the. favoring the creation and lneor-
Distriots and providing tliut a por- porutlon of such District shall have
lion of the costs thereof may lie
assessed against real property in
such Districts and prescribing the
method of making such assess-
ments; providing for the Issuance
of assessment certiticates and the
creation of liens to secure same;
and providing for suits on such
certificates and for the foreclosure
of such liens; committing the use
of twenty (INI) iier cent of uuto-
moliile registration fees collected
liy counties where such Districts
are created aud authorizing the
transfer of Road and Bridge S|k*-
<<tul Taxes to such Districts; pro-
viding that the Districts can not
levy ad valorem taxes, and declar-
ing an emergency.
Be It Resolved by the l-egislature
of the Stole of Texas:
Section 1. The creation and
incorporation of Wind Erosion Con-
servation Districts coextensive with
tlai boundaries of any county in
tills State is hereby authorized
under and by virtue of Section
59, Article XVI, of the Constitu-
tion. The area of any county mny
lie formed Into such u Conserva-
tion District when the qualified
tax paying voters of such county,
voting at. an el.*otIon to lie held
for such purpose, by majority vote
sanction and authorize the creation
and incorporation of such District.
The creation of such Districts is
deemed essential to the accomplish-
ment of tlie purposes of the above
mentioned Section of the Consti-
tution ami when any such District
is created us herein provided the
same shall lie a governmental
agency and body politic and cor-
jioratc with the powers of gov-
ernment and with authority to
written or printed on his ballot
“For the Creation and Incorpora-
tion of the Deaf Smith County
Wind Erosion Conservation Dis-
trict," and each voter who opiioses
the creation of such District shall
have written or printed on his
ballot “Against the creation and
incorporation of Deaf Smith Coun-
ty Wind Erosion Conservation Dis-
trict.”
Si>c. a. When the returns of the
election mentioned in Section 2 have
been canvassed by the Commis-
sioners County, the result of such
election shall lie declared by order
entered on the Minutes of said
Court nnd. If the result is in favor
of tlu> creation and incorporation
of the District, the County Judge
shall issue an order declaring such
District to lie created and incor-
porated and such order shall also
tie entered In the Minutes of the
Commissioners Court and a cer-
tified copy thereof entered in the
1 iced Records of the county. There-
upon, the District slinll lie deemed
legally created and incori>ornted
with all th<> rights, jKiwers, author-
ity and priveleges herein conferred
and authorized by Section 59, of
Article XVI, of the Constitution,
for the purpose of conserving nnd
reclaiming the soil in such Dis-
trict.
Sis-. 4. When n Wind Erosion
Conservation District is created,
the County Commissioners nnd
the County Judge will thoroujKin
become the Governing Body of such
District. The County Judge shall
lie chairman of the Board, with
authority to vote in case of a tie
and charged with the usual and
customary duties us presiding of-
exerdse the rights, privileges nnd fleer. The County Treasurer will
functions us ure conferred by this be the Treasurer of the District
Article. Such a District shall and the County Clerk shall liecome
bear the name of the county creat-' the Clerk of the Governing Body,
lag same and shall Is* so deslgnnt- The Treasurer shall have the care
ed. I and custody of nil funds, obllga-
Sec. 2. When petitioned by not tlons and securities of the Dis-
less than fifty (50) duly quulltled I trict and shall dispense nnd dls-
property tax paying voters, the pose of sume in compliance with
Commissioners Court of any county the orders of the Governing Body.
The Treasurer shall execute and j
deliver to the County Judge a good |
aud sufficient bond in the renal,
sum of not less than Five Thous-
and Dollars ($5,000) nor more
than Ten Thousand Dollars ($10,-
000), conditioned for the faithful
discharge of his duties aud the
disposition of all funds and obli-
gations of said District as requir-
ed by law. The bond shull I*
signed by a solvent Surety Com-
pany authorized to do business in
tills State, and the premium there-
on shall lie paid by the District.
The Clerk shall keep an accurate
record of all orders, minutes and
resolutions of the Governing Body
and shall countersign all vouchers
and documents and jierform such
other acts as may Is* directed by
the Governing Body. The duties
herein lnqsised ni>on the County
Judge and Commissioners, the
County Clerk nnd Treasurer shall
he ex-oftldo duties. By vote the
Governing Body may allow the
County Clerk and County Treas-
urer a monthly compensation of
not more than Twent.v*flve Dol-
lars ($25), which shall Is; paid
by the District.
See. 5. The function of a Wind
Erosion Conservation District is
to conserve the soil by the pre-
vention of unnecessary erosion caus-
ed bv winds, and the reclamation
of lunds that have been depreciat-
ed or denuded of soil by reason
of winds. Without limitation of
the foregoing, such a IMntrtct Hhall
have and is hereby authorized to
exercise the following rights, pow-
ers, privileges and authority, viz:
(a) To prevent or aid In the
prevention of damage to lands and
the public ronds and highways due
to the untus-essary movement of
sand, dust and soil originating
from lands within or without such
1 list rict.
(Id To construct improvements
and maintain auy nnd all facili-
ties to arrest or prevent the ero-
sion of soils or lands within such
District by reason of winds.
<c) To have the right to enter
upon any lands In the District for
the purjsise of treating same to
prevent the spread of soil ero-
sion and damage to other lands In
snch district.
(d) To Isirrow money for the
corporate puraises of such Dis-
trict and to pledge any certificates,
obligations, or securities held by
such District ns security therefor,
and to pledge and usslgn any and
all revenue or Income to secure
the repayment thereof. In this
connection, uny such District may
issue its obligations, warrants,
bonds and debentures or other evi-
dences of indebtedness, with in-
terest not to exceed tlve (5) per
WIN
A CASH
GIFT OF
$7.50
AND
$5.00
ATTENTION
SCHOOL CHILDREN
In the eighth prude and lower: Buy your school supplies with us, re&»ter y°“*
name, and the child purchasing the most school supplies during the month will be
.riven ^7.50 in cash, second will be given $5.00 i» cash. _ Contest ends September dl.
Anything you purchase during the month will be credited to your chance to win-
Much Child register as soon as possible.
A Few School
Bargains
BINDERS
l/IOHC Lcuf---------------------* —
9*
FILLERH
4*
PENCILS
5*
WATER COLORS
50c value, 8 colors --------------
39*
FOUNTAIN PENS
Pens ______________________ 25C and
50*
CARTER’S INK
2 ounces --------------------------
9*
CEDAR PENCILS
0 for ..............................
5*
Extra Special
ALARM CLOCK QO£
$1.50 value ---------------------- WW
I BAN A TOOTH PASTE
50c value __________________________
MILK OF MAGNESIA QQl
50e value ___________________-—- ww
SYRUP OF PEPSIN
OOe value -________________—— *fW
COD LIVER OIL TABLETS OQ£
(MS value ..................... Ov
NYAL ASPIRIN TABLETS
NYSEPTOL MOUTH WASH AjCkt
75c value ________________________
FREE, SKI-TOP
With Purchase of 50c or More
Monday and Tuesday.
Close Drug Store
cent per annum, maturing within
ten (101 yearn and payable out of
and secured by the revenues and
Incomes of such District, with the
reservation or provision that no
such obligation shall be paid out
of ad valorem taxes.
(e) To accept grants und to
borrow money from the United
States of America or from auy
coiporutlon or agency created or
designed by the United States of
America to loun undjor grant mon-
ey, and In connection with such
grants and|or louqs to enter Into
such agreements as may lie requir-
ed for such pun lose.
(f) To sue or Is* sued in Its cor-
porate capacity.
(g) To adopt u corporate seal.
(h) To adopt by-laws und rules
and regulations Incident to or nec-
essary to the dlsputch of business
or the discharge of corporate func-
tions.
Sec. (1. The Governing Body of
each Wind Erosion Conservation
District shull consult und advise
with the Director of Texas Experi-
ment Station of A. and M. Col-
lege, the County Agent, the Ilejwrt-
inent of Agriculture of this State,
and the. lien securing same fore-
servation districts
closed, and the property sold in
the same mauner and under the
same procedure as provided for
the foreclosure of other liens on
real estate.
Sec. 11. Due to the fact that the
highways in many counties are ren-
dered useless by reason of the ac-
cumulation of sand, soil and dust
from adjoining lauds, the Commis-
sioners Court of any county, the
area of which comprises u Soli
Erosion Conservation District, may,
In its discretion, transfer to such
District as much as twenty (20)
per rent of the automobile regis-
tration fees accruing to such coun-
ty, and the Governing Body of the
District may then expend the
funds so transferred in defraying
the cost of soil erosion work. In
like manner the Commissioners
Court is hereby authorized to trans-
fer to such District all or any
part of uny Rond and Bridge S|**-
eial Taxes that may be authorized
by vote of the jieople of such
county.
authorized
to use said sums to defray the
necessary costs and expenses In-
cident to the purpose for which
such conservation districts are
formed. As and when taxes from
ment to H. B. No. 978 on Hay
1035, by the following vote; Yeas
82, Nays 23.
(Hlgned) Louise Snow Phlnney,
Chief Clerk of the House.
I hereby certify that H. B- No.
Sec. 12. Wind Erosion Conserva-
tion Districts created under und
by virtue of this Act shall have
and the Soil Erosion Service of \ no power to levy ad valorem taxes or
the Department of Agriculture of;create obligation payable out of
the United States of America, and
nmy generally conform to and co-
o|icrutc In any regional plun de-
termined upon In connection with
the application and ojieratlon of
this Act. Such Districts shall lie
agencies of the State of Texas
charged with the responsibility
of conserving the natural resources
In soil.
Sec. 7. The Governing Body of
such Wind Erosion Conservation
Districts shall have authority to
accept gifts, grants, donations, ad-
vances mid services from the Unit-
ed States or any other government-
al agency, or agencies, In further-
ance of the purposes for which
such Wind Erosion Conservation
District shall have liwn created,
and shall administer nnd disburse
such funds anil all other money
and property coming Into Its hands
In the exercise of its sound discre-
tion nnd In accordance with luw.
In the expenditure of funds, said
Governing Body shall adhere to
and Is* governed by the laws ap-
plicable to Commissioners Courts.
All accounts shall Is* audited an-
nually mid a copy of such audit
tiled with the County Clerk for
public Inspection.
Sec. 8. When a program of work
shall Is* determined upon und an
assessment against property la con-
templated. the Governing Body
Hhall make up an estimate of the
cost of such work nnd tentatively
allocate a jHirllon of sueh cost to
the land and the owners thereof
that will derive benefit from such
work. The Governing Body shall
enter mi order on its minutes ttx-
tng the date for a hearing to de-
termine whether or not assess-
ments hIiiiU ls> made, and no as-
HCHHincnt shull Is* made until a full
and fair hearing shall first have
lH*en given tin* owners of such
pro|>erty, and In no event shall an
assessment. Is* made against any
js'rson or pro|s*rty In excess of
the actual Isqietlt to such owner
In the protection given his proper-
ty. Notice of the Intention to
make such assessment shull be
given to the owners of all prop-
erty against which a lien or as-
sessment is contemplated, nnd such
notice may Is* served In person
iqmii the owner or the same may
Is- published for two (2) weeks
In some newspaper of general cir-
culation published In the county,
the lirst publication to Is- not Ires
than ten (10) days prior to said
hearing. The names of the own-
ers, lienholders or Interested purtlea
need not Is* s|iccitit’nlly set forth
In such notice, but the parcel or
parcels of land ugalnst which such
assessments shall be made siiall
Is* briefly descrlls’d in said notice
by survey mid block niimls'rs or
any other description reasonably
Identifying the same, but the
amount of the proposed assessment
shall lie staled. Maid notice shall
command all purtlre to apiicHr at
a hearing to Ik* held at the court-
house In said county and contest
any promised assessment against
any particular piece of property,
und at such hearing the Governing
Roily shall Anally determine the
amount, If any, of all usHresroeuta.
If at such hearing it shall lie de-
termined .that any particular piece
of land will derive a benefit equal
to or In excess of the mnount of
the assessment, then iu that event
the assessment shull lie levied by
order of the Governing Body. The
assessment may tie divided Into
three (3) equal unnuul install-
ments which shall hear interest
at the rate of five (5) per cent
and shall Ik- evidenced by certifi-
cates Issued by the Governing Body,
signed by the County Judge as
Chairman, and attested by the
Clerk under corporate seal. When
so executed and levied, such cer-
tificate shall constitute a valid und
binding first lien' upon the prop-
erty against which the same is
made, and shall be recorded in
the deed records of the county and,
when so recorded, shall constitute
notice to all subsequent purchas-
ers.
Hec. 9. No assessment shall lie
made against any property used,
claimed or occupied as a home-
stead, hut the Governing Body is
authorized to take liens securing
such assessments in the manner
now provided by law for fixing
Hens upon homestead* to aeon re
the costs of improvements thereon.
Hec. 10. In the event any certi-
orate Issued by the Governing
Body of any such District la not
paid at the maturity thereof, suit
mar be Instituted thereon la any
Court of competent Jurisdiction
funds raised by taxation, save and
except to the extent herein s|*e-
cllicHlly provided.
Sec. 18. The fact that unpreced-
ented damage lias resulted to the
soil of the counties hereinafter nam-
ed by reason of soil erosion caused
by wind, which has lieen so ser-
ious as to drive people from their
homes and to render vast areas of
valuable land untenantable; and
the further fact that vast clouds
of dust have Ik*cii carried by winds
for hundreds of miles nnd have
caused practically every section of
the State to suffer therefrom, and
the further fuct that such condi-
tion lias seriously jeopardized the
health of a great many iieople has
resulted In n public calamity to
said counties are collected and : 978 was |s»s»ed by the Senate, with
paid Into the State Treasury, the! Amendment, on May 8, 1985, by
State Treasurer shall transfer and
pay over the same to the Gov-
erning Body of the conservation
ill '.trict* formed in said counties
and shall require sueh receipt as
he may s|s*clfy to evidence the re-
eelpt of said funds, provided that
Iu the event either of said coun-
tire fulls or refuses to form sueh
fiiiiHcrviition districts on or before
October 1, 1935, then in that
event the State Treasurer shall
retuiu the State ad valorem taxes
collected from said county as Is
required by general law. It is dls-
the following vote: Yeaa 27, Nays 1.
(Signed) Boh Barker,
Secretary of the Senate.
Approved: Date 5-21-35.
(Signed) James V. Allred.
Governor.
Filed In the Office of the Secre-
tary of State this 21 Day of May,
1935 10:45 a. m.
(Signed) Clyde E. Smith,
Assistant Secretary of State.
The State of Texas—Department
of State.
I, Gerald C. Mann, Secretary of
State, of the State of Texas, do
tlni’tly specltied tliut the forego-1 hereby certify that the foregoing
lug provision shall not In auy ease
apply to the ad valorem taxes col-
lected for sellout purposes or
collected for the jwynient of Con-
federate i>enslons.
Sec. 14. The fact that a large
portion of the State Is suffering
from soil erosion caused by wind
Is a true and correct copy of
House Bill No. 978.
Filed In this office on May 21,
1935, with the endorsement thfre-
on, as now apitears of record in
this Department.
In testimony whereof, I have
hereunto signed my name officially
and from dust clouds originating j Hn,i mused to Ik* impressed there*
ii|H)n lauds within thhi State; and nu the Seal of State at my offhf
the further fact that the serious , jn the city of Austin, this 21st da
consequence* of such soil erosion (,f May, A. D. 1935
eiiii Ik* arrested to a large degree
by Intelligent treatment of the af-
fected areas, which are now rapidly
deteriorating, create an emergency
und an lni|H*rative public necessity
(Signed) Gerald C. Mann,
(l’alil Advertisement)
- ---
People need to be neither mll-
...... an impersuvc pu..»e «™‘‘/ „arlat nor p.cjfl.t kicking to
•tzzz. it! »«.•su«.
Ik* rcuil on three separate days In thing to do.
each House, anil said Hide Is here
by HUM|H*nded, aud tills Act shall
rOR RUNT, FOR 8A LB CARD*
take effect from and after Its pas-lgT BRAND OFFIGB OH BAP.
sage, aud It Is so enacted.
( Signed) Walter Woodul,
President of the Senate.
(.Signed > Coke S. Stevenson,
• S|M*aker of the House.
I hereby certify that H. B. No. j
978 wuN |missis) by the House on
April 20, 1935, by tlie following
the counties hereinafter named; V(.aM Xaya 2; ,hat lhe
therefore, to aid and facilitate the j|OIIM,. concurred In SciiHtc Amend
work to Ik* performed by wind ero-, __ _
H9H
slon conservation districts, the
State ad valorem taxes that will
accrue and Ik* due and pnyuble to
the State of Texas for the years
1935 and 1930 from all property
l.K’iited lu Dallam, Hartley, Old-
ham, IH-af Smith, Sherman, and
Moore Counties, and fifty |s*r cent
(50%) of the ad valorem tax.-s
that will accrue and Ik* due und
payable to the Slate of Texas for
tin* years 1935 and 1930 from all
property locutcd in l,i|Mcoinb, Hans-
ford and Ochiltree Counties, are
hereby diverted to the conserva-
tion districts that may Ik* here-
uftcr formed In said counties. And
the Governing Bodies of such con-
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Odom, Adrian. The Hereford Brand (Hereford, Tex.), Vol. 35TH YEAR, No. 34, Ed. 1 Thursday, August 29, 1935, newspaper, August 29, 1935; Hereford, Texas. (https://texashistory.unt.edu/ark:/67531/metapth583917/m1/8/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Deaf Smith County Library.