CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 1

For contingent expiration of this chapter, see Sec. 9002.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9002.001. 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 Kaufman County Water Control and

Improvement District No. 1.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district in Kaufman County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9002.023 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 Kaufman 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.

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 1.02 of

the Act creating this chapter.

(b) The boundaries and field notes contained in Section 1.02 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 district or the board.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.005. 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.

1361, Sec. 1.01, eff. June 18, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9002.025

Sec. 9002.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) David G. Chaney;

(2) Rick Ellis;

(3) Jim Lee;

(4) Ronald H. Linam; and

(5) Max W. Lindsay.

(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 9002.023; or

(2) the date this chapter expires under Section 9002.003.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.022. 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 Kaufman County Courthouse.

At the meeting, the temporary directors shall elect officers

from among the temporary directors and conduct any other district

business.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.023. 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.

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9002.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 9002.052 and which three shall serve

until the second regularly scheduled election of directors.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

1361, Sec. 1.01, eff. June 18, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9002.051. 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.

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.052. 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.

1361, Sec. 1.01, eff. June 18, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9002.101. ROAD PROJECTS. (a) To the extent authorized by

Section 52, Article III, Texas Constitution, the district may

construct, acquire, improve, maintain, or operate macadamized,

graveled, or paved roads, or improvements in aid of those roads.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of the municipality or county in whose jurisdiction

the district is located.

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

municipality or county in whose jurisdiction the district is

located consents by ordinance or resolution.

(d) The district may not exercise the power of eminent domain

outside the district to acquire a site or easement for a road

project authorized by this section.

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

1361, Sec. 1.01, eff. June 18, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

243, Sec. 1, eff. May 27, 2009.

Sec. 9002.102. LIMITATION ON USE OF EMINENT DOMAIN. The

district may exercise the power of eminent domain outside the

district only to acquire an easement necessary for a pipeline

that serves the district.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.103. AUTHORITY TO PROVIDE SERVICES. The district may

provide water, sanitary sewer, drainage, and road services to any

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.

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.104. AUTHORITY TO CONTRACT. The district may enter

into a contract with an owner of real property in the district to

construct, acquire, finance, own, maintain, or operate works or

projects authorized by Section 9002.103.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.105. DIVISION OF DISTRICT. The district may divide

into two new districts as provided by Section 53.029, Water Code.

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

1361, Sec. 1.01, eff. June 18, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9002.151. TAX TO REPAY BONDS. The district may impose a

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

Section 9002.201.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.152. 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; or

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

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

1361, Sec. 1.01, eff. June 18, 2005.

SUBCHAPTER E. BONDS

Sec. 9002.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

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

provided by Chapters 49 and 51, Water Code, to finance the

construction, maintenance, or operation of projects under Section

9002.101.

(b) The district may not issue bonds under Subsection (a) 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 9002.101 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 9002.101 or to

bonds issued by the district to finance the project.

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

1361, Sec. 1.01, eff. June 18, 2005.

Sec. 9002.202. USE OF BOND PROCEEDS. The district may use

proceeds from the sale of bonds to acquire from a private water

supply corporation facilities or improvements necessary to

provide a service authorized by Section 9002.103.

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

1361, Sec. 1.01, eff. June 18, 2005.