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