CHAPTER 9206. DOUBLE PLATINUM RANCH WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GRAYSON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9206. DOUBLE PLATINUM RANCH WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 1 OF GRAYSON COUNTY

For contingent expiration of this chapter, see Section 9206.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9206.001. 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 Double Platinum Ranch Water Control and

Improvement District No. 1 of Grayson County.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.002. NATURE OF DISTRICT. The district is a water

control and improvement district in Grayson 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.

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9206.064 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 Grayson 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.

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Text of section as added by Acts 2007, 80th Leg., R.S., Ch.

944, Sec. 1

Sec. 9206.004. 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 other

indebtedness; or

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

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

944, Sec. 1, eff. September 1, 2007.

Text of section as added by Acts 2007, 80th Leg., R.S., Ch.

1129, Sec. 1.01

Sec. 9206.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 1.02 of

the article creating this chapter.

(b) The boundaries and field notes contained in Section 1.02 of

the article 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 other

indebtedness; or

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

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.005. ANNEXATION BY CITY OF GUNTER. (a)

Notwithstanding any other law, if all of the territory of the

district is annexed by the City of Gunter into the corporate

limits of that municipality before the date of the election held

to confirm the creation of the district, the district may not be

dissolved and shall continue until the district is dissolved

under Section 43.074, Local Government Code.

(b) Any future annexation or inclusion of additional territory

into a district governed by this chapter may not occur unless the

City of Gunter is allowed to voluntarily annex the same territory

into its corporate limits.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9206.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Except as provided by Section 9206.061 of this code and

Section 49.102, Water Code, directors serve staggered four-year

terms, with the terms of two or three directors expiring June 1

of each even-numbered year.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.052. 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 2007, 80th Leg., R.S., Ch.

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER B-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9206.066.

Sec. 9206.061. INITIAL DIRECTORS. (a) On or after September 1,

2007, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality

requesting that the commission appoint as initial directors the

five persons named in the petition.

(b) The commission shall appoint as initial directors the five

persons named in the first petition received by the commission

under Subsection (a).

(c) If an initial director fails to qualify for office, the

commission shall appoint a person to fill the vacancy.

(d) Initial directors serve until the earlier of:

(1) the date the first directors are elected at the confirmation

election under Section 9206.064; or

(2) the date this subchapter expires under Section 9206.066.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.062. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. As

soon as practicable after all the initial directors have

qualified under Section 49.055, Water Code, the initial directors

shall meet at a location in the district agreeable to a majority

of the directors. At the meeting, the initial directors shall

elect officers from among the initial directors and conduct any

other district business.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.063. CONSENT OF MUNICIPALITY REQUIRED. The initial

directors may not hold an election under Section 9206.064 until

all of the territory of the district is included in the corporate

limits of the City of Gunter.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.064. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The initial 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 2007, 80th Leg., R.S., Ch.

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.065. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9206.064 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors and which three shall serve until the second regularly

scheduled election of directors.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.066. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9206.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND

DUTIES. (a) 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.

(b) Notwithstanding Subsection (a), the district may not act as

a retail provider of water or wastewater services.

(c) The district shall make its water and wastewater facilities

available to an entity holding the applicable certificate of

convenience and necessity.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.102. 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 the municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

(c) If a portion of the territory of the district is excluded

from the corporate limits of the City of Gunter, the district

shall:

(1) improve, maintain, repair, and operate the roads located in

that portion of territory in accordance with the ordinances and

rules of the political subdivision possessing jurisdiction over

the roads in that portion of territory; and

(2) pay the entire cost of performing the district's duties

under Subdivision (1).

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

Sec. 9206.103. DIVISION OF DISTRICT. (a) The district may be

divided into two new districts only if:

(1) the district has no outstanding bonded debt;

(2) the district is not imposing ad valorem taxes; and

(3) each new district is within the corporate limits of the City

of Gunter.

(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) At the time of creation, any new district created by the

division of the district may not contain any land outside the

area described by Section 2 of the Act creating this chapter.

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch.

1129, Sec. 1.01

(d) At the time of creation, any new district created by the

division of the district may not contain any land outside the

area described by Section 1.02 of the article creating this

chapter.

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

944, Sec. 1, eff. September 1, 2007.

Amended by:

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

1129, Sec. 1.01, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9206.151. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of or interest on bonds or other

obligations issued under Section 9206.201.

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

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 9206.201. 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 a project under

Section 9206.101 or 9206.102.

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

authorized by Section 9206.102 unless the issuance is approved by

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

an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance

projects authorized by Section 9206.102 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.

944, Sec. 1, eff. September 1, 2007.

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

1129, Sec. 1.01, eff. September 1, 2007.