CHAPTER 9008. LA SALLE 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 9008. LA SALLE WATER CONTROL AND IMPROVEMENT DISTRICT NO.

1

For contingent expiration of this chapter, see Sec. 9008.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9008.001. 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 La Salle Water Control and Improvement

District No. 1.

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

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

Sec. 9008.002. NATURE OF DISTRICT. The La Salle Water Control

and Improvement District No. 1 is a water control and improvement

district in Calhoun County created under and essential to

accomplish the purposes of Section 52, Article III, and Section

59, Article XVI, Texas Constitution.

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

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

Sec. 9008.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9008.024 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 Calhoun 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.

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

Sec. 9008.004. 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;

(3) the validity of the district's bonds, notes, or

indebtedness; or

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

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

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

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9008.026

Sec. 9008.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Douglas A. Baker;

(2) W. H. "Bill" Bauer, Jr.;

(3) Waymond Boyd;

(4) Lawrence A. Korenek; and

(5) Edwin A. Wagner.

(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 9008.024; or

(2) the date this chapter expires under Section 9008.003.

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

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

Sec. 9008.022. 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 at a location in the district agreeable to a

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

the meeting shall be at the Calhoun 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.

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

Sec. 9008.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED. (a)

The temporary directors may not hold an election under Section

9008.024 until each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located has adopted

a resolution consenting to the creation of the district.

(b) If the district is located outside the extraterritorial

jurisdiction of a municipality, the temporary directors may not

hold the election until the county in which the district is

located has adopted a resolution consenting to the creation of

the district.

(c) A municipality or county may not adopt a resolution under

this section before the effective date of the Act creating this

chapter.

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

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

Sec. 9008.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. If

each municipality or county has consented to the creation of the

district under Section 9008.023, 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.

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

Sec. 9008.025. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9008.024 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 9008.052 and which three shall serve

until the second regularly scheduled election of directors.

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

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

Sec. 9008.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9008.051. 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.

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

Sec. 9008.052. 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.

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9008.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND

DUTIES. The district has the powers 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.

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

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

Sec. 9008.102. 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 turnpikes, or improvements in aid of

those roads or turnpikes, inside the district.

(b) 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 the county in which

the district is located.

(c) 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.

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

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

Sec. 9008.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR

RESOLUTIONS. Notwithstanding Section 51.714, Water Code, and

subject to the limitations of Section 54.016, Water Code, the

district shall comply with all applicable requirements of any

ordinance or resolution adopted by the governing body of a

municipality in whose corporate limits or extraterritorial

jurisdiction the district is partly or wholly located.

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

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

Sec. 9008.104. 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.

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9008.151. TAX TO REPAY BONDS. The district may impose a

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

Section 9008.201.

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

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

SUBCHAPTER E. BONDS

Sec. 9008.201. 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

Sections 9008.101 and 9008.102.

(b) The district may not issue bonds to finance projects

authorized by Section 9008.102 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 9008.102 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 9008.102 or to

bonds issued by the district to finance the project.

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

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