Law:Title 6. Water And Wastewater. Subtitle I. Water Control And Improvement Districts from Chapter 9206. Double Platinum Ranch Water Control And Improvement District No. 1 Of Grayson County (Texas)

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Subtitle I. Water Control And Improvement Districts

Contents

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

Section 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.



Section 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.



Section 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

Section 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

Section 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.



Section 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

Section 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.



Section 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.


Section 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.



Section 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.



Section 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.



Section 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.



Section 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.



Section 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

Section 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.



Section 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.



Section 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

Section 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

Section 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.


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