Law:Title 6. Water And Wastewater. Subtitle I. Water Control And Improvement Districts from Chapter 9005. Bell County Water Control And Improvement District No. 1 (Texas)

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Subtitle I. Water Control And Improvement Districts

Contents

Chapter 9005. Bell County Water Control And Improvement District No. 1

Subchapter A. General Provisions

Section 9005.001.  Definitions.

In this chapter:

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

(2)  "District" means the Bell County Water Control and Improvement District No. 1.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.002.  Finding Of Benefit.

The legislature finds that all property in the district will benefit from the improvements constructed, acquired, leased, or operated by the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.003.  District Territory.

The district is composed of the territory described by Section 1, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955 (Article 8280-189, Vernon's Texas Civil Statutes), as that territory may have been modified under:

(1)  Subchapter J, Chapter 49, Water Code;

(2)  Subchapter O, Chapter 51, Water Code, before September 1, 1995;

(3)  former Section 4A, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955 (Article 8280-189, Vernon's Texas Civil Statutes); or

(4)  other law.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.004.  Annexation Of Territory.

(a) If an election concerning the annexation of territory to the district would result in the district boundaries becoming coterminous with the boundaries of the City of Killeen, the board, in a separate proposition, may submit the question of whether to automatically extend the boundaries of the district to include territory the City of Killeen annexes that is not already included in the district.

(b)  Land annexed by the City of Killeen under Subsection (a) is part of the district only after:

(1)  the annexed area assumes its pro rata share of all bonds, notes, or other obligations or taxes owed, contracted, or authorized by the district; and

(2)  that assumption is approved at an election held in the district as enlarged as a result of the annexation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Subchapter B. Powers And Duties

Section 9005.051.  General Powers; Applicability Of Other Law.

The district has all powers granted to water control and improvement districts under the general laws of this state.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.052.  Contracts To Lease And Operate Federal Facilities Or Properties.

(a) The district may contract with the United States or any officer of the United States to lease or operate a facility or other property owned by the United States, inside or outside the district, to:

(1)  supply, transport, and distribute fresh water, including a contract regarding water rights to appropriate and use public waters from the Leon River or Belton Reservoir; and

(2)  collect, treat, and dispose of wastewater and sewage, including a contract regarding maintenance, repair, extension, or improvement of the facilities or other property.

(b)  The contract provisions must be, as determined by the board, in the district's best interests in providing a water supply and sanitary sewer service for persons who reside in and in the vicinity of the district.

(c)  The contract's initial period may not exceed 40 years.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.053.  Purchase Or Use Of Water.

(a) The district may:

(1)  acquire a water or a water supply facility inside or outside the district from any person, including:

(A)  this state or any agency or subdivision of this state; and

(B)  the United States; and

(2)  treat, use, distribute, and sell, inside or outside the district, any water the district acquires.

(b)  Before exercising a power under Subsection (a), the board must determine that adequate provisions can be made to continue to serve the water requirements in the district.

(c)  The district's powers under this section are under the continuing supervision of the Texas Commission on Environmental Quality under Chapters 5 and 6, Water Code.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Subchapter C. Financial Provisions

Section 9005.101.  Tax Method.

The district shall use the ad valorem method of taxation for all authorized taxes.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.102.  Authority To Issue Bonds.

(a) In this section, "district property" means the district's improvements, including property operated by the district under a lease.

(b)  The district may call a bond election and issue bonds in the manner and for the purposes provided in Chapters 49 and 51, Water Code.  In addition to the purposes under those chapters, the district may vote on and issue bonds to:

(1)  acquire materials, supplies, equipment, and other property needed or useful to maintain district property; and

(2)  extend, enlarge, improve, or repair district property.

(c)  If bonds are voted on and issued in connection with property to be operated by the district under lease, the engineer's report must include a summary of the proposed expenditures of the bond proceeds.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.



Section 9005.103.  Cancellation Of Certain Bond Authority.

The district may cancel, by order adopted by the board, the authority to issue the $4.5 million bonds authorized at an election held within the district on August 30, 1952, to construct or purchase water and sewer facilities the United States has undertaken to construct.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.08, eff. April 1, 2007.


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