SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 9005.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the board of directors of the district.
    2. (2) "District" means the Bell County Water Control and Improvement District No. 1.
    Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 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.
  2. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 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. (1) Subchapter J, Chapter 49, Water Code;
    2. (2) Subchapter O, Chapter 51, Water Code, before September 1, 1995;
    3. (3) former Section 4A, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955 (Article 8280-189, Vernon's Texas Civil Statutes); or
    4. (4) other law.
    Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 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.
  2. (b) Land annexed by the City of Killeen under Subsection (a) is part of the district only after:
    1. (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. (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 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES

  1. Sec. 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.
  2. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 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. (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. (2) collect, treat, and dispose of wastewater and sewage, including a contract regarding maintenance, repair, extension, or improvement of the facilities or other property.
  2. (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.
  3. (c) The contract's initial period may not exceed 40 years.
  4. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 9005.053. PURCHASE OR USE OF WATER. (a) The district may:
    1. (1) acquire a water or a water supply facility inside or outside the district from any person, including:
      1. (A) this state or any agency or subdivision of this state; and
      2. (B) the United States; and
    2. (2) treat, use, distribute, and sell, inside or outside the district, any water the district acquires.
  2. (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.
  3. (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.
  4. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER C. FINANCIAL PROVISIONS

  1. Sec. 9005.101. TAX METHOD. The district shall use the ad valorem method of taxation for all authorized taxes.
  2. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
  1. Sec. 9005.102. AUTHORITY TO ISSUE BONDS. (a) The district may issue bonds for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, enlarging, or extending any district works, improvements, facilities, plants, equipment, and appliances needed or useful to accomplish or carry out the purposes, powers, functions, or obligations of the district, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system, sanitary sewer system, storm sewer system, or solid waste disposal system.
  2. (b) To provide for the payment of bonds issued under this section, the district may:
    1. (1) impose ad valorem taxes on all taxable property in the district;
    2. (2) pledge all or any part of revenue available to the district from any source, including all or part of the revenue:
      1. (A) resulting from the ownership or operation of the district's works, improvements, facilities, plants, equipment, and appliances; or
      2. (B) available under specific contracts for a period of time the district determines; or
    3. (3) pledge any combination of the sources of taxes or revenue described by Subdivisions (1) and (2).
  3. (c) Bonds secured by and payable solely from revenue under Subsection (b)(2):
    1. (1) may be issued without an election; and
    2. (2) are not subject to Section 49.181, Water Code.
  4. (d) The district must hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
  5. (e) The district may exercise any of the rights or powers granted to the governing body of an issuer under Chapter 1371, Government Code.
  6. (f) This section is wholly sufficient authority for the issuance of bonds, the pledge of revenues, taxes, or any combination of revenues and taxes, and the performance of other acts and procedures authorized by this section by the district without reference to any other provision of law or any restriction or limitation contained in those provisions, except as specifically provided by this section.
  7. (g) To the extent of any conflict or inconsistency between this section and any other law, this section controls.
  8. (h) The district may use any law not in conflict with this section to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this section.
  9. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.
    Amended by:
    Acts 2011, 82nd Leg., R.S., Ch. 60 (H.B. 1551), Sec. 1, eff. May 17, 2011.
  1. Sec. 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.
  2. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.08, eff. April 1, 2007.

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