CHAPTER 8125. THE LAKES FRESH WATER SUPPLY DISTRICT OF DENTON COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8125. THE LAKES FRESH WATER SUPPLY
DISTRICT OF DENTON COUNTY
For contingent expiration of this chapter, see Sec. 8125.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8125.001. 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 Lakes Fresh Water Supply District of
Denton County.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.002. NATURE OF DISTRICT. The district is a fresh
water supply district in Denton County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution. The district is
created to serve a public use and benefit.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8125.023 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 Denton 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.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.004. 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; or
(3) the legality or operation of the board.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8125.025
Sec. 8125.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Andrea Adcock;
(2) Chad Breaux;
(3) Brian Bryce, Jr.;
(4) Traci Pichon; and
(5) Crystal Taylor.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8125.023; or
(2) the date this chapter expires under Section 8125.003.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.022. 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 convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Denton County Courthouse.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
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.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8125.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8125.053 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8125.051. 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.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.052. QUALIFICATIONS. Directors must meet only the
qualifications for directors provided by Chapters 49 and 54,
Water Code.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.053. 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.
1167, Sec. 1, eff. June 18, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8125.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER SUPPLY
DISTRICT POWERS AND DUTIES. (a) Except as provided by
Subsections (b) and (c), the district has the powers and duties
provided by the general law of this state, including Chapters 49,
53, and 54, Water Code, applicable to municipal utility districts
and fresh water supply districts created under Section 59,
Article XVI, Texas Constitution.
(b) Sections 53.029(b), 53.030-53.034, and 53.040-53.043, Water
Code, do not apply to the district.
(c) If a provision of Chapter 53, Water Code, is in conflict or
inconsistent with this chapter or Chapter 54, Water Code, this
chapter and Chapter 54, Water Code, prevail.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.102. ROAD PROJECTS. (a) 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 or outside the district.
(b) A project authorized by this section must meet only the
construction standards adopted by the North Central Texas Council
of Governments, or its successor agency.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.103. ROAD CONTRACTS. The district may contract for a
road project in the same manner as provided by Subchapter I,
Chapter 49, Water Code.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.104. WATER CONTROL AND STORAGE PROJECTS. (a) The
district may construct, acquire, improve, enlarge, extend,
repair, or maintain dams, levees, walls, dikes, embankments,
canals, reservoirs, lakes, or other improvements as necessary to
control, store, or preserve water in the district for any useful
purpose.
(b) The district may overflow and inundate district lands and
other district property in the district.
(c) A project authorized by this section is subject to all
applicable permitting and regulatory requirements.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.105. CERTIFICATE OF CONVENIENCE AND NECESSITY. (a)
The district may pay out of bond proceeds or other available
district money all expenses, including legal, engineering, and
other fees, related to obtaining a new certificate of convenience
and necessity under Chapter 13, Water Code, authorizing the
district to provide retail water or sewer service inside or
outside the district.
(b) The district may pay out of bond proceeds or other available
district money all expenses, including the purchase price,
related to acquiring certificate of convenience and necessity
rights from another retail public utility to allow the district
to provide retail water or sewer service in the district.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.106. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR
SEWER SERVICES. (a) The district may enter into a contract to
allow a political subdivision to provide retail water or sewer
service in the district. The contract may contain terms the
board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will construct or
acquire and convey or lease to the political subdivision a water
supply or treatment system, a water distribution system, or a
sanitary sewage collection or treatment system, as necessary to
provide water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations and for services and
facilities provided under the contract.
(d) If the contract requires the district to make payments from
taxes other than operation and maintenance taxes, the contract is
subject to Section 49.108, Water Code.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8125.151. OPERATION AND MAINTENANCE TAX. (a) The district
may impose a tax for any district operation and maintenance
purpose in the manner provided by Section 49.107, Water Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
8125.102.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.152. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 8125.201.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
Sec. 8125.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company as defined
by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code;
(3) a telecommunications provider as defined by Section 51.002,
Utilities Code;
(4) a cable operator as defined by 47 U.S.C. Section 522; or
(5) a person who provides to the public advanced
telecommunications services.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.
SUBCHAPTER E. BONDS
Sec. 8125.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS;
TAX. (a) The district may issue bonds or other obligations as
provided by Chapters 49, 53, and 54, Water Code, and to finance:
(1) the construction, maintenance, or operation of projects
under Section 8125.102 or 8125.104; or
(2) the district's contractual obligations under Section
8125.106.
(b) The district may not issue bonds or other obligations
secured in whole or in part by ad valorem taxation to finance
projects authorized by Section 8125.102 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 8125.102 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 8125.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
1167, Sec. 1, eff. June 18, 2005.