CHAPTER 9005. BELL 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 9005. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT

NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9005.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Bell County Water Control and

Improvement District No. 1.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.002. FINDING OF BENEFIT. The legislature finds that

all property in the district will benefit from the improvements

constructed, acquired, leased, or operated by the district.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.003. DISTRICT TERRITORY. The district is composed of

the territory described by Section 1, Chapter 523, Acts of the

54th Legislature, Regular Session, 1955 (Article 8280-189,

Vernon's Texas Civil Statutes), as that territory may have been

modified under:

(1) Subchapter J, Chapter 49, Water Code;

(2) Subchapter O, Chapter 51, Water Code, before September 1,

1995;

(3) former Section 4A, Chapter 523, Acts of the 54th

Legislature, Regular Session, 1955 (Article 8280-189, Vernon's

Texas Civil Statutes); or

(4) other law.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.004. ANNEXATION OF TERRITORY. (a) If an election

concerning the annexation of territory to the district would

result in the district boundaries becoming coterminous with the

boundaries of the City of Killeen, the board, in a separate

proposition, may submit the question of whether to automatically

extend the boundaries of the district to include territory the

City of Killeen annexes that is not already included in the

district.

(b) Land annexed by the City of Killeen under Subsection (a) is

part of the district only after:

(1) the annexed area assumes its pro rata share of all bonds,

notes, or other obligations or taxes owed, contracted, or

authorized by the district; and

(2) that assumption is approved at an election held in the

district as enlarged as a result of the annexation.

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

729, Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 9005.051. GENERAL POWERS; APPLICABILITY OF OTHER LAW. The

district has all powers granted to water control and improvement

districts under the general laws of this state.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.052. CONTRACTS TO LEASE AND OPERATE FEDERAL FACILITIES

OR PROPERTIES. (a) The district may contract with the United

States or any officer of the United States to lease or operate a

facility or other property owned by the United States, inside or

outside the district, to:

(1) supply, transport, and distribute fresh water, including a

contract regarding water rights to appropriate and use public

waters from the Leon River or Belton Reservoir; and

(2) collect, treat, and dispose of wastewater and sewage,

including a contract regarding maintenance, repair, extension, or

improvement of the facilities or other property.

(b) The contract provisions must be, as determined by the board,

in the district's best interests in providing a water supply and

sanitary sewer service for persons who reside in and in the

vicinity of the district.

(c) The contract's initial period may not exceed 40 years.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.053. PURCHASE OR USE OF WATER. (a) The district may:

(1) acquire a water or a water supply facility inside or outside

the district from any person, including:

(A) this state or any agency or subdivision of this state; and

(B) the United States; and

(2) treat, use, distribute, and sell, inside or outside the

district, any water the district acquires.

(b) Before exercising a power under Subsection (a), the board

must determine that adequate provisions can be made to continue

to serve the water requirements in the district.

(c) The district's powers under this section are under the

continuing supervision of the Texas Commission on Environmental

Quality under Chapters 5 and 6, Water Code.

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

729, Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER C. FINANCIAL PROVISIONS

Sec. 9005.101. TAX METHOD. The district shall use the ad

valorem method of taxation for all authorized taxes.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.102. AUTHORITY TO ISSUE BONDS. (a) In this section,

"district property" means the district's improvements, including

property operated by the district under a lease.

(b) The district may call a bond election and issue bonds in the

manner and for the purposes provided in Chapters 49 and 51, Water

Code. In addition to the purposes under those chapters, the

district may vote on and issue bonds to:

(1) acquire materials, supplies, equipment, and other property

needed or useful to maintain district property; and

(2) extend, enlarge, improve, or repair district property.

(c) If bonds are voted on and issued in connection with property

to be operated by the district under lease, the engineer's report

must include a summary of the proposed expenditures of the bond

proceeds.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9005.103. CANCELLATION OF CERTAIN BOND AUTHORITY. The

district may cancel, by order adopted by the board, the authority

to issue the $4.5 million bonds authorized at an election held

within the district on August 30, 1952, to construct or purchase

water and sewer facilities the United States has undertaken to

construct.

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

729, Sec. 1.08, eff. April 1, 2007.