CHAPTER 8125. THE LAKES FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8125. THE LAKES FRESH WATER SUPPLY

DISTRICT OF DENTON COUNTY

For contingent expiration of this chapter, see Sec. 8125.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8125.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means The Lakes Fresh Water Supply District of

Denton County.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.002. NATURE OF DISTRICT. The district is a fresh

water supply district in Denton County created under and

essential to accomplish the purposes of Section 52, Article III,

and Section 59, Article XVI, Texas Constitution. The district is

created to serve a public use and benefit.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8125.023 before September 1, 2007:

(1) the district is dissolved September 1, 2007, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Denton County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the

Act creating this chapter form a closure. A mistake made in the

field notes or in copying the field notes in the legislative

process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes; or

(3) the legality or operation of the board.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8125.025

Sec. 8125.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Andrea Adcock;

(2) Chad Breaux;

(3) Brian Bryce, Jr.;

(4) Traci Pichon; and

(5) Crystal Taylor.

(b) If a temporary director fails to qualify for office, the

temporary directors who have qualified shall appoint a person to

fill the vacancy. If at any time there are fewer than three

qualified temporary directors, the Texas Commission on

Environmental Quality shall appoint the necessary number of

persons to fill all vacancies on the board.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8125.023; or

(2) the date this chapter expires under Section 8125.003.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, the temporary

directors shall convene the organizational meeting of the

district at a location in the district agreeable to a majority of

the directors. If a location cannot be agreed upon, the

organizational meeting shall be at the Denton County Courthouse.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The temporary directors shall hold an election to confirm the

creation of the district and to elect five directors as provided

by Section 49.102, Water Code.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8125.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8125.053 and which three shall serve

until the second regularly scheduled election of directors.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8125.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.052. QUALIFICATIONS. Directors must meet only the

qualifications for directors provided by Chapters 49 and 54,

Water Code.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.053. ELECTION OF DIRECTORS. On the uniform election

date in May of each even-numbered year, the appropriate number of

directors shall be elected.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8125.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER SUPPLY

DISTRICT POWERS AND DUTIES. (a) Except as provided by

Subsections (b) and (c), the district has the powers and duties

provided by the general law of this state, including Chapters 49,

53, and 54, Water Code, applicable to municipal utility districts

and fresh water supply districts created under Section 59,

Article XVI, Texas Constitution.

(b) Sections 53.029(b), 53.030-53.034, and 53.040-53.043, Water

Code, do not apply to the district.

(c) If a provision of Chapter 53, Water Code, is in conflict or

inconsistent with this chapter or Chapter 54, Water Code, this

chapter and Chapter 54, Water Code, prevail.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.102. ROAD PROJECTS. (a) The district may construct,

acquire, improve, maintain, or operate macadamized, graveled, or

paved roads or turnpikes, or improvements in aid of those roads

or turnpikes, inside or outside the district.

(b) A project authorized by this section must meet only the

construction standards adopted by the North Central Texas Council

of Governments, or its successor agency.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.103. ROAD CONTRACTS. The district may contract for a

road project in the same manner as provided by Subchapter I,

Chapter 49, Water Code.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.104. WATER CONTROL AND STORAGE PROJECTS. (a) The

district may construct, acquire, improve, enlarge, extend,

repair, or maintain dams, levees, walls, dikes, embankments,

canals, reservoirs, lakes, or other improvements as necessary to

control, store, or preserve water in the district for any useful

purpose.

(b) The district may overflow and inundate district lands and

other district property in the district.

(c) A project authorized by this section is subject to all

applicable permitting and regulatory requirements.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.105. CERTIFICATE OF CONVENIENCE AND NECESSITY. (a)

The district may pay out of bond proceeds or other available

district money all expenses, including legal, engineering, and

other fees, related to obtaining a new certificate of convenience

and necessity under Chapter 13, Water Code, authorizing the

district to provide retail water or sewer service inside or

outside the district.

(b) The district may pay out of bond proceeds or other available

district money all expenses, including the purchase price,

related to acquiring certificate of convenience and necessity

rights from another retail public utility to allow the district

to provide retail water or sewer service in the district.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.106. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR

SEWER SERVICES. (a) The district may enter into a contract to

allow a political subdivision to provide retail water or sewer

service in the district. The contract may contain terms the

board considers desirable, fair, and advantageous to the

district.

(b) The contract may provide that the district will construct or

acquire and convey or lease to the political subdivision a water

supply or treatment system, a water distribution system, or a

sanitary sewage collection or treatment system, as necessary to

provide water or sewer service in the district.

(c) The district may use bond proceeds or other available

district money to pay for its obligations and for services and

facilities provided under the contract.

(d) If the contract requires the district to make payments from

taxes other than operation and maintenance taxes, the contract is

subject to Section 49.108, Water Code.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8125.151. OPERATION AND MAINTENANCE TAX. (a) The district

may impose a tax for any district operation and maintenance

purpose in the manner provided by Section 49.107, Water Code.

(b) Section 49.107(f), Water Code, does not apply to

reimbursements for projects constructed or acquired under Section

8125.102.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.152. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of and interest on bonds issued under

Section 8125.201.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

Sec. 8125.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company as defined

by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or 121.001,

Utilities Code;

(3) a telecommunications provider as defined by Section 51.002,

Utilities Code;

(4) a cable operator as defined by 47 U.S.C. Section 522; or

(5) a person who provides to the public advanced

telecommunications services.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.

SUBCHAPTER E. BONDS

Sec. 8125.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS;

TAX. (a) The district may issue bonds or other obligations as

provided by Chapters 49, 53, and 54, Water Code, and to finance:

(1) the construction, maintenance, or operation of projects

under Section 8125.102 or 8125.104; or

(2) the district's contractual obligations under Section

8125.106.

(b) The district may not issue bonds or other obligations

secured in whole or in part by ad valorem taxation to finance

projects authorized by Section 8125.102 unless the issuance is

approved by a vote of a two-thirds majority of the voters of the

district voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance

projects authorized by Section 8125.102 may not exceed one-fourth

of the assessed value of the real property in the district.

(d) Sections 49.181 and 49.182, Water Code, do not apply to a

project undertaken by the district under Section 8125.102 or to

bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., Ch.

1167, Sec. 1, eff. June 18, 2005.