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