Law:Title 6. Water And Wastewater. Subtitle I. Water Control And Improvement Districts from Chapter 9031. Smith Road Water Control And Improvement District No. 1 Of Jefferson County (Texas)

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Subtitle I. Water Control And Improvement Districts

Contents

Chapter 9031. Smith Road Water Control And Improvement District No. 1 Of Jefferson County

For contingent expiration of this chapter, see Section 9031.003.


Subchapter A. General Provisions

Section 9031.001.  Definitions.

In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Director" means a board member.

(3)  "District" means the Smith Road Water Control and Improvement District No. 1 of Jefferson County.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.002.  Nature Of District.

The district is a water control and improvement district in Jefferson County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 9031.024 before September 1, 2013:

(1)  the district is dissolved September 1, 2013, except that the district shall:

(A)  pay any debts incurred;

(B)  transfer to Jefferson County any assets that remain after the payment of debts; and

(C)  maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2)  this chapter expires September 1, 2016.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.004.  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 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 district's organization, existence, or validity;

(2)  the district's right to impose taxes;

(3)  the validity of the district's bonds, notes, or indebtedness; or

(4)  the board's legality or operation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Section 9031.026.


Section 9031.021.  Temporary Directors.

(a) On or after September 1, 2009, 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 temporary directors the five persons named in the petition.

(b)  The commission shall appoint as temporary directors the five persons named in the first petition the commission receives.

(c)  If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.

(d)  Temporary directors serve until the earlier of:

(1)  the date directors are elected under Section 9031.024; or

(2)  the date this chapter expires under Section 9031.003.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.022.  Organizational Meeting Of Temporary Directors.a

s soon as practicable after all temporary directors qualify under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the meeting shall be at the Jefferson County Courthouse. At their initial meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.023.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 9031.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located, if any, has adopted a resolution consenting to the district's creation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.024.  Confirmation And Initial Directors' Election.

The temporary directors shall hold an election to confirm the district's creation and to elect five directors as provided by Section 49.102, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.025.  Initial Elected Directors; Terms.

The directors elected under Section 9031.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 9031.052 and which three shall serve until the second regularly scheduled election of directors.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.026. 

 EXPIRATION OF

Subchapter

.This subchapter expires September 1, 2016.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Subchapter B. Board Of Directors

Section 9031.051.  Directors; Terms.

(a) The district is governed by a board of five directors.

(b)  Directors serve staggered four-year terms.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.052.  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 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Subchapter C. Powers And Duties

Section 9031.101.  Water Control And Improvement District Powers And Duties.

The district has the powers and duties provided by the general law of this state, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 51, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.102.  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 improvements in aid of those roads, inside the district.

(b)  A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each 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 or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each 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. If a district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.103.  Potable Water Supplier.

The district shall purchase potable water for the district from the West Jefferson County Municipal Water District or a successor to that supplier of potable water.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.104.  Levee And Flood Hazard Mitigation Powers.

The district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside or outside the district, levees, dikes, flood hazard mitigation structures, and any other improvements or facilities necessary or convenient to accomplish the levee improvements and flood hazard mitigation purposes of the district under Chapter 57, Water Code, as authorized by Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Section 9031.105.  Division Of District.

(a) The district may be divided 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)  A new district, at the time it is created by the division of the district, may not contain land outside the area described by Section 2 of the Act creating this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



For expiration of this section, see Subsection (b).

Section 9031.106.  Limitation On District Dissolution.

(a) Notwithstanding Section 43.0751, Local Government Code, or any other general law, the district may not be dissolved before December 31, 2019, 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, 2019.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Subchapter D. General Financial Provisions

Section 9031.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of or interest on bonds issued under Section 9031.201.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.



Subchapter E. Bonds

Section 9031.201.  Authority To Issue Bonds And Other Obligations. (a) The Dist

rict may issue bonds or other obligations as provided by Chapters 49, 51, and 57, Water Code, and to finance the construction, maintenance, or operation of projects under Sections 9031.101, 9031.102, and 9031.104.

(b)  The district may not issue bonds to finance projects authorized by Section 9031.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 9031.102 may not exceed one-fourth of the assessed value of the real property in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1143, Sec. 1, eff. September 1, 2009.


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