(a) 
Plan adopted.
The city council hereby approves and adopts the water conservation plan and water resource and emergency management plan attached to Ordinance 2024-05-22 as exhibit A and incorporated herein by reference for all purposes. The city commits to implementing the requirements and procedures set forth in the adopted water conservation plan and water resource and emergency management plan.
(b) 
Penalty.
Any customer, defined under 30 Texas Administrative Code chapter 291, failing to comply with the provisions of the water conservation plan and/or water resource and emergency management plan shall be subject to a fine of up to two thousand dollars ($2,000.00) per day per occurrence and/or discontinuance of irrigation or water service by the city. Proof of a culpable mental state is not required for a conviction of an offense under this section. Each day a customer fails to comply with the water conservation plan and/or water resource and emergency management plan is a separate violation. The city's authority to seek injunctive or other civil relief available under the law is not limited by this section. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance No. 05-05-42, secs. 2, 3, adopted 5/17/2005; Ordinance 09-04-21, secs. 1-2, adopted 9/27/09; Ordinance 14-04-24, secs. 3, 6, adopted 4/15/14; Ordinance 15-04-22, secs. 3, 7, adopted 4/21/15; Ordinance 19-04-34, secs. 3, 7, adopted 4/16/19; Ordinance 2024-05-22 adopted 5/7/2024)
The findings set forth above are incorporated into the body of this division as if fully set forth herein.
(Ordinance 99-02-01, sec. 1, adopted 2/1/99)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City
means the City of Frisco, Texas.
Developer or property in the district
means any person or entity that owns land located within a district and that has divided or proposes to divide the land into two or more parts for the purpose of laying out any subdivision or any tract of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, streets, alleys, or parks or other portions intended for public use, or the use of purchasers or owners of lots fronting thereon or adjacent thereto.
District or water district
means a freshwater supply district, municipal utility district, a water control and improvement district, or any other district or authority created under V.T.C.A., Water Code title 4, either by authority of Article III, Section 52, or Article XVI, Section 59, of the state Constitution.
Freshwater supply district
means a district created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59 of the state Constitution and of V.T.C.A., Water Code chs. 53 and 54.
Municipal utility district
means a district created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59 of the state Constitution and of V.T.C.A., Water Code chs. 49 and 54.
Water control and improvement district
means a water district created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the state Constitution or Article XVI, Section 59 of the state Constitution, and of the V.T.C.A., Water Code chs. 49 and 51.
(Ordinance 99-02-01, sec. 2, adopted 2/1/99)
(a) 
A water district may be created within the city's corporate limits only with the city's written consent and in accordance with the provisions contained in this article and applicable state law.
(b) 
A water district may be created within the extraterritorial jurisdiction of the city only with the city's written consent and in accordance with the provisions contained in this article and applicable state law.
(Ordinance 99-02-01, sec. 3, adopted 2/1/99)
(a) 
Except as provided in section 94-106 and section 94-110 herein, territory within the city's corporate limits and/or extraterritorial jurisdiction may not be included in a proposed or existing water district.
(b) 
The economic viability of the water district must be shown in the same manner as required by state laws, rules, and regulations.
(c) 
The consent resolution or ordinance and agreement shall conform to all applicable provisions of this article and state law.
(Ordinance 99-02-01, sec. 4, adopted 2/1/99)
(a) 
Any conditions and restrictions imposed in connection with the city's consent to the creation of a water district shall be in accordance with this article and applicable state law. Other conditions in addition to the conditions and restrictions required by this article may be required in accordance with applicable ordinances, rules, and law.
(b) 
All conditions and restrictions contained within the city's consent to creation of any district shall be included within appropriate resolutions, agreements, and ordinances concerning the district.
(c) 
The following conditions and restrictions are required of all districts:
(1) 
All facilities constructed or financed by or on behalf of the district shall be consistent with the city's projected utility and infrastructure plan and shall comply with the city's utility and infrastructure construction standards.
(2) 
Plans and specifications for all facilities constructed or financed by or on behalf of the district shall be approved by the city before construction begins. Construction shall be in accordance with the approved plans and specifications. Fees for the review and approval of plans and specifications may be charged by the city.
(3) 
The city shall have the right to inspect the construction of all facilities constructed or financed by or on behalf of the district at any time to ensure compliance with the plans and specifications and applicable requirements. Inspection fees may be charged by the city.
(4) 
The district shall prepare and file with the city manager a certified copy of its annual audit and an annual report describing the status of construction by or on behalf of the district. The audit and report shall be filed with the city manager simultaneously with the filing of the district's annual audit with the Texas Natural Resource Conservation Commission pursuant to 30 Tex. Admin. Code sec. 293.94(h) or within 135 days after the close of the district's fiscal year, whichever is sooner.
(5) 
The planning commission and city council shall not approve any preliminary plat, final plat or site plan within a district which does not conform to the applicable provisions of the resolutions, ordinances, and agreements concerning the city's consent to the creation of the district.
(6) 
The district shall not provide service outside its boundaries without first obtaining the approval of the city council.
(7) 
The district shall not annex territory into or exclude territory from the district without first obtaining the approval of the city council.
(8) 
All lands and easements for district facilities shall be dedicated free and clear of all liens and encumbrances to the public, the district, and its ultimate successor.
(Ordinance 99-02-01, sec. 5, adopted 2/1/99)
(a) 
The following provisions are required of all water districts:
(1) 
Prior to submitting a bond application for approval by the Texas Natural Resource Conversation Commission, the district shall submit the bond application and bond application report to the city for review and approval.
(2) 
The district's revenues and ad valorem taxing authority shall be pledged on all bonds issued by the district.
(3) 
Bonds shall be issued by the district only for purposes specifically authorized by state law.
(4) 
Bonds authorized for one purpose may not be used for another purpose.
(5) 
To the extent authorized by state law, the city may limit the amount of bonds to be issued by the district in order to insure the economic viability of the district.
(6) 
To ensure the district complies with the consent requirements applicable to the district, the city council shall have the right to approve all bond issues and sales before the district issues bid invitations for bonds. The city shall not approve and the district shall not sell a district bond issue if the district is not in compliance with such requirements.
(7) 
All bonds issued by the district shall have a call provision allowing the option to redeem the bonds at par.
(8) 
No bonds funds shall be expended or indebtedness incurred to provide service outside the boundaries of the district approved by the city council without the approval of the city council.
(9) 
The net effective interest rate will not exceed two percent above the highest average interest rate reported by the daily bond buyer in its weekly "20 Bond Index" during the one-month period preceding the date notice of sale is given.
(b) 
So long as the restrictions and conditions do not generally render the bonds and notes unmarketable, the city's consent to the creation of a water district may include any other restrictions on the terms, provisions, or sale of the district's bonds and notes issued to provide service to the land in the district.
(Ordinance 99-02-01, sec. 6, adopted 2/1/99)
(a) 
The provisions of this article apply to requests for annexation or inclusion of property to existing water districts, unless otherwise prohibited by state law.
(b) 
Land within the city's corporate limits may be annexed by an existing water district only with the city's written consent and in accordance with the provisions contained in this article and applicable state law.
(Ordinance 99-02-01, sec. 7, adopted 2/1/99)
(a) 
A water district that contains land within the city's corporate limits shall not execute a contract or agreement with a developer of property within the district concerning land that is within the district and within the city's corporate limits, without first having obtained the city's written consent.
(b) 
A water district that contains land within the city's corporate limits shall not execute a contract or agreement concerning the construction of facilities that will be located within the district and within the city's corporate limits, without first having obtained the city's written consent.
(c) 
A water district that contains land within the city's corporate limits shall not execute a contract or agreement that obligates the district to reimburse the developer of property within the district or any other person or entity for the cost of facilities that have been or will be constructed within the district and within the city's corporate limits, without first having obtained the city's written consent.
(Ordinance 99-02-01, sec. 8, adopted 2/1/99)
The city shall have all legal rights and remedies available to it pursuant to local, state and federal law in enforcing this article, including, but not limited to, a suit seeking injunctive relief.
(Ordinance 99-02-01, sec. 9, adopted 2/1/99)