DESPITE "CASCADE" OF WORKS, DISTRICT 1 REPS UNELECTED

By Juan Montoya
One could have an honest debate with the officers and administration of Cameron County Drainage District #1 about whether such an entity can undertake recreational projects such as their "Cascade Park." on Robindale across from the PUB sewer plant.
Critics say the smell alone will keep the crowds away. And they say that despite the improvements claimed by its supporters, the city still floods in even a moderate rainstorm.
But whether one agrees with the project or not, a more serious question could arise from the property-tax funded entity.
None of its members are elected by the taxpayers.
The District is governed by a board of directors who are appointed to two year terms by the Cameron County Commissioners’ Court.
According to itss website, "In the year 1998, two new Directors were appointed by County Judge Gilberto Hinojosa. It was at that time that the idea came up to create a district office with a public works capabilities. During the year 2000, a District Manager was hired and subsequently given the authority to construct a headquarters building, hire staff, and purchase equipment. In the year 2001, the District constructed a 3,000 square foot office building."
All this, of course, was funded by property taxes.
After its creation by the county commissioners court on January 1910, that action was validated by the Legislature of Texas under Senate Bill Number 240 on February 1929. As it now exists, District #1 is a Conservation and Reclamation District under Article 16, Section 59 of the Texas Constitution, having been converted by Chapter 45 of the Session Laws of 1929. Chapter 56 of the Water Code enumerates the specific powers and duties of the District. To a certain extent, Chapter 49 of the Water Code provides supplemental authority for action.
Doubtless, district board member Ernesto Gamez – of of those appointed by Hinojosa – will find some legal angle that justified taxing property owners without giving them the opportunity to elect the board members who manage their taxes. He'll probably point out to the fact that it is one of the least-taxed entities in South Texas.
But other voices say that the original appointments were only valid until the next election cycle, an event that occurred some 15 years ago. Is it time for the district's board members to be elected by the people they represent and pay property taxes?
Of course, in litigation happy Cameron County, only a legal challenge will decide that issue.
Traditionally, the ditches within the boundaries of the district were part of an irrigation system to feed the once-plentiful agriculture industry. After urbanization, they were refitted to drain water instead of to take it away. If you look at the scheme closely, that original intent for the system is still its main function. Water theme parks were never envisioned by those who created it.
But given the size of the district and the ever-increasing property-tax appraisals by the county appraisal district, it still rakes in a lot of money to play with.
The district is also proposing that it extend its boundaries to cover even more territory within its taxing jurisdiction.