CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 6 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 6

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9037.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Comal County Water Control and

Improvement District No. 6.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.002. NATURE OF DISTRICT. The district is a water

control and improvement district created under Section 59,

Article XVI, Texas Constitution.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.

The temporary directors shall hold an election to confirm the

creation of the district and to elect five permanent directors as

provided by Section 49.102, Water Code.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.004. CONSENT REQUIRED. (a) The temporary directors

may not hold an election under Section 9037.003 until:

(1) each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located has

consented by ordinance or resolution to the creation of the

district and to the inclusion of land in the district;

(2) each municipality in whose extraterritorial jurisdiction the

district is located has:

(A) approved and entered into a strategic partnership agreement

with the district under Section 43.0751, Local Government Code;

and

(B) approved and entered into a development agreement with the

owners of land in the district under Section 212.172, Local

Government Code;

(3) an agreement that addresses the provision of water and

wastewater treatment to the land in the district has been

approved and entered into by:

(A) each municipality in whose extraterritorial jurisdiction the

district is located;

(B) the commissioners court of each county in which the district

is located;

(C) a retail or wholesale provider of water and wastewater

treatment; and

(D) the owners of land in the district;

(4) the commissioners court of each county in which the district

is located has issued an order making the findings under Sections

51.021(a)(1), (2), (3), and (4), Water Code; and

(5) the commissioners court of each county in which the district

is located has approved and entered into an agreement with the

district that must include, but is not limited to, provisions

relating to the use of county right-of-way, the district's

exercise of the power of eminent domain outside the boundaries of

the district, drainage serving the land in the district, platting

of land in the district, and the provision of water and

wastewater treatment to the land in the district.

(b) A municipality that contains district territory in its

corporate limits or extraterritorial jurisdiction may include in

its consent to the creation of the district any restriction on or

condition to the consent, including a limitation on the powers of

the district otherwise granted by this chapter.

(c) Sections 51.022 through 51.025, Water Code, do not apply to

the district or the order of the county under Subsection (a)(4).

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.005. EXTRATERRITORIAL STATUS. All of the land

included in the district, as approved by the City of Bulverde for

inclusion in the district, is included in the extraterritorial

jurisdiction of the City of Bulverde on adoption of the

resolution or ordinance consenting to the creation of the

district by the governing body of the City of Bulverde.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)

The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a water control and improvement district as provided by

general law and Section 59, Article XVI, Texas Constitution, as

limited by this chapter, including the disposal of waste and

control of storm water; and

(2) Section 52, Article III, Texas Constitution, as limited by

this chapter, that relate to the construction, acquisition,

improvement, operation, or maintenance of macadamized, graveled,

or paved roads, or improvements, including storm drainage, in aid

of those roads.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.007. 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 the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which

the district is created or to pay the principal of and interest

on a bond;

(3) right to impose a tax; or

(4) legality or operation.

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

1096, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 9037.052, directors serve

staggered four-year terms.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Shannon Miller;

(2) Jim Leonard;

(3) David Rittenhouse;

(4) George Weron; and

(5) Blaine Lopez.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section

9037.003; or

(2) the fourth anniversary of the effective date of the Act

creating this chapter.

(c) If permanent directors have not been elected under Section

9037.003 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed or reappointed

as provided by Subsection (d) to serve terms that expire on the

earlier of:

(1) the date permanent directors are elected under Section

9037.003; or

(2) the fourth anniversary of the date of the appointment or

reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority

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

submit a petition to the Texas Commission on Environmental

Quality requesting that the commission appoint as successor

temporary directors the five persons named in the petition. The

commission shall appoint as successor temporary directors the

five persons named in the petition.

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

1096, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties, as limited by this chapter, necessary to

accomplish the purposes for which the district is created.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.102. 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,

including the powers and duties that relate to the disposal of

waste and control of storm water under Section 51.331, Water

Code, as limited by this chapter.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52,

Article III, Texas Constitution, as limited by this chapter, the

district may design, acquire, construct, finance, issue bonds

for, improve, operate, maintain, and convey to this state, a

county, or a municipality for operation and maintenance

macadamized, graveled, or paved roads, or improvements, including

storm drainage, in aid of those roads.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.104. APPROVAL OF ROAD PROJECT. (a) The district may

not undertake a road project authorized by Section 9037.103

unless:

(1) the proposed road project complies with applicable municipal

or county subdivision ordinances or regulations; or

(2) the Texas Transportation Commission has approved the plans

and specifications of the road project, if the state will operate

and maintain the road.

(b) Except as provided by Subsection (a), the district is not

required to obtain approval from the Texas Transportation

Commission to design, acquire, construct, finance, issue bonds

for, improve, or convey a road project.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR

RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or resolution that is adopted under

Section 42.042 or 42.0425, Local Government Code, and that

consents to the creation of the district or to the inclusion of

land in the district.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The

district shall not exercise the power of eminent domain outside

the district to acquire a site or easement for:

(1) a road project authorized by Section 9037.103; or

(2) a recreational facility as defined by Section 49.462, Water

Code.

(b) The district shall not exercise the power of eminent domain

outside the boundaries of the district for any purpose unless the

proposed exercise is approved by a written resolution of the

commissioners court of each county in which the district is

located.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.107. WATER AND WASTEWATER INFRASTRUCTURE. The

district may not construct any water or wastewater improvement

unless the plans and specifications for the improvement have been

approved by Comal County, the City of Bulverde, and any wholesale

provider of water or wastewater treatment to the district.

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

1096, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 9037.153.

(b) The district must hold an election in the manner provided by

Chapters 49 and 51, Water Code, to obtain voter approval before

the district may impose an ad valorem tax or issue bonds payable

from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

by a vote of a two-thirds majority of the district voters voting

at an election held for that purpose.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 9037.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with Section 49.107, Water

Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.153. CONTRACT TAXES. (a) In accordance with Section

49.108, Water Code, the district may impose a tax other than an

operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district

voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

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

1096, Sec. 1, eff. June 19, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The district may issue bonds or other obligations payable wholly

or partly from ad valorem taxes, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources, to pay for any authorized district purpose.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.202. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the board

shall provide for the annual imposition of a continuing direct ad

valorem tax, without limit as to rate or amount, while all or

part of the bonds are outstanding as required and in the manner

provided by Section 51.433, Water Code.

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

1096, Sec. 1, eff. June 19, 2009.

Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of

issuance, the total principal amount of bonds or other

obligations issued or incurred to finance road projects and

payable from ad valorem taxes may not exceed one-fourth of the

assessed value of the real property in the district.

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

1096, Sec. 1, eff. June 19, 2009.