CHAPTER 9022. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9022. KENDALL COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 2

For contingent expiration of this chapter, see Section 9022.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9022.001. 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 Kendall County Water Control and

Improvement District No. 2.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.002. NATURE OF DISTRICT. The district is a water

control and improvement district in Kendall County created under

and essential to accomplish the purposes of Section 59, Article

XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9022.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

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

transferred to Kendall 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.004. 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;

(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 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9022.024.

Sec. 9022.021. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Steve Mack;

(2) Matthew Diana;

(3) Glen Boehm;

(4) Jamie D'Spain; and

(5) Phillip Bell.

(b) Notwithstanding Section 9022.051(b), the terms of the first

three directors named in Subsection (a) expire on the uniform

election date in November of the first even-numbered year after

the year in which the creation of the district is confirmed at an

election held under Section 9022.023, and the terms of the last

two directors named in Subsection (a) expire on the uniform

election date in November of the next even-numbered year.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.022. CONSENT OF MUNICIPALITY REQUIRED. The initial

directors may not hold an election under Section 9022.023 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located has received a petition

seeking municipal consent to the creation of the district and has

adopted a resolution providing that consent.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.023. CONFIRMATION ELECTION. The initial directors

shall hold an election to confirm the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.024. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9022.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.052. ELECTION OF DIRECTORS. Notwithstanding Section

49.103(b), Water Code, on the uniform election date in November

of each even-numbered year, the appropriate number of directors

shall be elected.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9022.101. 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 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.102. ROAD PROJECTS. (a) To the extent authorized by

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

(1) construct, acquire, improve, maintain, or operate

macadamized, graveled, or paved roads, or improvements in aid of

those roads, inside the district; and

(2) improve or maintain roads, or improvements in aid of those

roads, outside the district.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of the 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.103. DIVISION OF DISTRICT. (a) The district may

divide into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030

through 53.041, Water Code. Sections 51.748 through 51.753,

Water Code, do not apply to the district.

(c) Any new district created by the division of the district has

all the powers and duties of the district.

(d) Any new district created by the division of the district may

not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act creating this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

For expiration of this section, see Subsection (b).

Sec. 9022.104. DISSOLUTION OF DISTRICT. (a) Notwithstanding

Section 43.0751, Local Government Code, or any other general law,

before December 31, 2017, the district may not be dissolved

unless the dissolution is approved by:

(1) the board; and

(2) the governing body of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

(b) This section expires December 31, 2017.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

Sec. 9022.105. LIMIT ON EMINENT DOMAIN POWER. The district may

exercise the power of eminent domain outside the district only to

acquire an easement necessary for belowground water, sewer, storm

water, or drainage pipelines that serve the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9022.151. TAX TO REPAY BONDS. The district may impose a

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

Section 9022.201.

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 9022.201. 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

9022.101 or 9022.102.

(b) The district may not issue bonds authorized by Section

9022.102 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 9022.102 may not exceed one-fourth

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

Added by Acts 2007, 80th Leg., R.S., Ch.

989, Sec. 1, eff. September 1, 2007.