CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9002. KAUFMAN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
For contingent expiration of this chapter, see Sec. 9002.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9002.001. 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 Kaufman County Water Control and
Improvement District No. 1.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Kaufman County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 9002.023 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 Kaufman 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.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 1.02 of
the Act creating this chapter.
(b) The boundaries and field notes contained in Section 1.02 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 district or the board.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 49 and 51, Water Code, apply
to the district.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 9002.025
Sec. 9002.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) David G. Chaney;
(2) Rick Ellis;
(3) Jim Lee;
(4) Ronald H. Linam; and
(5) Max W. Lindsay.
(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 9002.023; or
(2) the date this chapter expires under Section 9002.003.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.022. 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 Kaufman 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.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.023. 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.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 9002.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 9002.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9002.051. 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.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.052. 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.
1361, Sec. 1.01, eff. June 18, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9002.101. 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 improvements in aid of those roads.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction
the district is located.
(c) The district may not undertake a road project unless each
municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
(d) The district may not exercise the power of eminent domain
outside the district to acquire a site or easement for a road
project authorized by this section.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
243, Sec. 1, eff. May 27, 2009.
Sec. 9002.102. 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.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.103. AUTHORITY TO PROVIDE SERVICES. The district may
provide water, sanitary sewer, drainage, and road services to any
part of the district not receiving those services on the
effective date of the Act creating this chapter.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.104. AUTHORITY TO CONTRACT. The district may enter
into a contract with an owner of real property in the district to
construct, acquire, finance, own, maintain, or operate works or
projects authorized by Section 9002.103.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.105. DIVISION OF DISTRICT. The district may divide
into two new districts as provided by Section 53.029, Water Code.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9002.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 9002.201.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.152. 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; or
(4) a cable operator as defined by 47 U.S.C. Section 522.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
SUBCHAPTER E. BONDS
Sec. 9002.201. 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
9002.101.
(b) The district may not issue bonds under Subsection (a) 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 9002.101 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 9002.101 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.
Sec. 9002.202. USE OF BOND PROCEEDS. The district may use
proceeds from the sale of bonds to acquire from a private water
supply corporation facilities or improvements necessary to
provide a service authorized by Section 9002.103.
Added by Acts 2005, 79th Leg., Ch.
1361, Sec. 1.01, eff. June 18, 2005.