The findings and recitations set out in the preamble to the ordinance from which this section derives are found to be true and correct, and are hereby adopted by the city council and made a part hereof for all purposes.
(Ordinance 5187 adopted 11/3/03)
Developer of property within the district.
Any person or entity that owns land located within a district and that has divided or proposes to divide the land into two (2) 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.
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, tit. 4, either by authority of article III, section 52, or article XVI, section 59 of the state constitution.
Freshwater supply district.
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.
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 51.
Water control and improvement district.
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 V.T.C.A., Water Code, chs. 49 and 51.
(Ordinance 5187 adopted 11/3/03)
(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 division 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 the ordinance from which this section derives and applicable state law.
(Ordinance 5187 adopted 11/3/03)
(a) 
Except as provided in sections 13.07.103 and 13.07.107 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 law, rules, and regulations.
(c) 
The consent resolution or ordinance and agreement shall conform to all applicable provisions of the ordinance from which this section derives and state law.
(Ordinance 5187 adopted 11/3/03)
(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 the ordinance from which this section derives and applicable state law. Other conditions in addition to the conditions and restrictions required by the ordinance from which this section derives 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 insure 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 state commission on environmental quality pursuant to 30 TAC sec. 293.94(h) or within 135 days after the close of the district’s fiscal year, whichever is sooner.
(5) 
The planning and zoning commission and the 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 land 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 5187 adopted 11/3/03)
(a) 
The following provisions are required of all water districts:
(1) 
Prior to submitting a bond application for approval by the state commission on environmental quality, 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 insure 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 bond 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 (2) 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 5187 adopted 11/3/03)
(a) 
The provisions of the ordinance from which this section derives 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 the ordinance from which this section derives and applicable state law.
(Ordinance 5187 adopted 11/3/03)
(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 5187 adopted 11/3/03)
The city shall have all legal rights and remedies available to it pursuant to local, state and federal law in enforcing the ordinance from which this section derives, including, but not limited to, a suit seeking injunctive relief.
(Ordinance 5187 adopted 11/3/03)