CHAPTER 9001. SMILEY ROAD WATER CONTROL AND IMPROVEMENT DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9001. SMILEY ROAD WATER CONTROL AND IMPROVEMENT DISTRICT

For contingent expiration of this chapter, see Sec. 9001.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9001.001. 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 Smiley Road Water Control and

Improvement District.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.002. NATURE OF DISTRICT. The district is a water

control and improvement 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.

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9001.023 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.

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.004. 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 ad valorem taxes; or

(3) the legality or operation of the district or the board.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.005. APPLICABILITY OF OTHER LAW. Except as otherwise

provided by this chapter, Chapters 49 and 51, Water Code, apply

to the district.

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

446, Sec. 1, eff. June 17, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9001.025

Sec. 9001.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Brett Blakey;

(2) Michael Cummings;

(3) Shane Jordan;

(4) Mike Miller; and

(5) Mike Mollo.

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

Texas Commission on Environmental Quality shall appoint a person

to fill the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 9001.023; or

(2) the date this chapter expires under Section 9001.003.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.022. 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 meet and elect officers from their membership.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

Before September 1, 2007, 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.

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9001.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 9001.052 and which three shall serve

until the second regularly scheduled election of directors.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

446, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9001.051. 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.

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.052. 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.

446, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9001.101. GENERAL POWERS. (a) The district has:

(1) all of the rights, powers, privileges, authority, functions,

and duties provided by the general law of this state, including

Chapters 49 and 51, Water Code, applicable to water control and

improvement districts created under Section 59, Article XVI,

Texas Constitution; and

(2) subject to Section 9001.105, the rights, authority,

privileges, and functions of a road district operating under

Section 52(b)(3), Article III, Texas Constitution, Chapter 257,

Transportation Code, and other general laws of this state

relating to road districts.

(b) The district may provide water, sanitary sewer, drainage,

and, subject to Section 9001.105, road services to each part of

the district not receiving those services on the effective date

of the Act creating this chapter.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.102. AUTHORITY TO CONTRACT WITH OWNERS OF REAL

PROPERTY IN DISTRICT. The district may enter into a contract

with an owner of real property in the district for the

construction, acquisition, financing, ownership, maintenance, and

operation of a work or project described by Section 9001.101(b).

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.103. CONTRACTS WITH CITY OF CELINA. The district

shall use its best efforts to acquire water, sewer, and other

powers permitted by law and, if successful, to enter into a

contract with the City of Celina to provide water, sewer, and

other services to the city.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.104. PROHIBITION ON DIVISION OF DISTRICT. The

district may not divide into two or more districts in the manner

specified by Section 51.748 or 53.029, Water Code.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.105. VOTER APPROVED ROAD DISTRICT POWERS. (a) If a

majority of the voters of the district vote in favor of the

district's assumption of road district powers in the manner

provided by Section 53.029, Water Code, at an election held for

that purpose, the district shall assume the rights, authority,

privileges, and functions of a road district as described by

Section 9001.101(a)(2).

(b) If the voters approve road district powers under Subsection

(a), the district may provide for, or provide aid for, the

construction, acquisition, financing, maintenance, and operation

of macadamized, graveled, or paved roads inside the district.

Road district powers under this section do not include any powers

related to the construction, acquisition, financing, maintenance,

or operation of a turnpike or toll road.

(c) A road project must meet or exceed all applicable

construction standards, zoning and subdivision requirements, and

regulatory ordinances of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

If the district is located outside the extraterritorial

jurisdiction of a municipality, a road project must meet all

applicable construction standards, zoning and subdivision

requirements, and regulatory ordinances of each county in which

the district is located.

(d) The district may not undertake a road project unless each

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located consents by ordinance or

resolution. If the district is located outside the

extraterritorial jurisdiction of a municipality, the district may

not undertake a road project unless the county in which the

district is located consents by ordinance or resolution.

(e) If the district assumes road district powers under this

section, construction plans and specifications for all roads must

be submitted to Denton County for approval.

(f) Section 49.182, Water Code, does not apply to a project

undertaken by the district under this section.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.106. ADDITION OF LAND TO DISTRICT. The district may

add land to the district in the manner provided by Section

49.301, Water Code, if the owner of the land submits a petition

to the district for the addition of the land to the district and

the land is adjacent to the territory of the district or is

separated from the district only by public land or a

right-of-way.

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

446, Sec. 1, eff. June 17, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9001.151. AD VALOREM PLAN OF TAXATION. The district shall

use the ad valorem plan of taxation, subject to voter approval at

an election held in the district for that purpose.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.152. AD VALOREM TAX FOR ROAD PROJECTS. The district

may impose an ad valorem tax to pay the principal of or interest

on bonds issued under Section 9001.201(b) to finance projects

under Section 9001.105.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.153. UTILITY EXEMPTION FROM IMPACT FEES AND

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, equipment, rights-of-way, facilities,

or improvements of:

(1) an electric utility 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; or

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

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

446, Sec. 1, eff. June 17, 2005.

SUBCHAPTER E. BONDS

Sec. 9001.201. AUTHORITY TO ISSUE BONDS. (a) The district may

issue bonds as provided by Chapter 49 or 51, Water Code, or

Section 53.029, Water Code, the general laws of this state, or

this section.

(b) Except as provided by Subsection (c) and Section 9001.202,

the district may issue bonds, notes, or other obligations as

provided by Section 53.029, Water Code, to finance, or assist in

the financing of, projects under Section 9001.105.

(c) The district may not issue bonds under Subsection (b) unless

the issuance is authorized by two-thirds of the district's voters

voting at an election called for that purpose.

(d) Section 49.181, Water Code, does not apply to a bond issued

by the district under Section 53.029, Water Code.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.202. LIMIT ON BONDS AND OTHER OBLIGATIONS. (a)

Bonds, notes, or other obligations issued or incurred by the

district under Section 53.029, Water Code, may not exceed

one-fourth of the assessed value of the real property in the

district.

(b) The district may not issue bonds until a development

agreement between the City of Celina and the district has been

signed.

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

446, Sec. 1, eff. June 17, 2005.

Sec. 9001.203. USE OF BOND PROCEEDS. The district may use

proceeds from the sale of bonds to acquire improvements or

facilities:

(1) from a private water supply corporation to provide water or

sanitary sewer services to territory in the district; or

(2) to provide services described by Section 9001.101(b).

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

446, Sec. 1, eff. June 17, 2005.