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Emergency Number:

To report a service outage or service problem:
Call the District Office at

(325) 388-4559

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Board of Directors


May 2, 2020 Election Postponement:

Order No. 2020-0321-01: Order Postponing May 2, 2020 Director Election

Kingsland MUD directors serve a four-year term with elections taking place in May of every even year.

President: Mary Ann Hefner, Place 1

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Secretary-Treasurer: Frank Willingham, Place 2

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Director: Kenneth Martin, Place 3

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Vice-President: Larry Denney, Place 4

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Director: Lorean Sindelar, Place 5

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Notice of Deadline to File Applications for Place on the Ballot

Notice of Agent and Office to Receive Candidate Applications and For Other Election Matters

Notice of Election - Llano County

Notice of Election - Burnet County

Election Information:

Elections for directors of the District are conducted on the May uniform election date in even-numbered years. Accordingly, the next election for members of the Board of Directors of the District shall be conducted on the first Saturday in May 2020, which is May 2, 2020. Due to COVID-19 the election has been moved to the uniform election date of November 3, 2020.

Order No. 2020-0321-01: Order Postponing May 2, 2020 Director Election

The election shall be conducted at the polling places established by Llano County and Burnet County to serve the counties' regular election precincts within the District, as required by Sections 42.0621 and 43.004 of the Texas Election Code.

Requirements and Deadline for filing for candidacy of each elected office of the District:

In order to be qualified to serve as a director of a municipal utility district, Section 54.102 of the Texas Water Code requires that a person be at least 18 years old, a resident citizen of the State of Texas, and either own land subject to taxation in the district or be a qualified voter within the district.

A person that desires to be a candidate for the director election must timely complete and submit an application for a place on the ballot for the election. Applications for a place on the ballot may be obtained from the District's Administrative Office located at 100 Ingram Street, Kingsland, Texas 78639, or may be downloaded and printed out from the Secretary of State's website (https://www.sos.state.tx.us/elections/forms/index.shtml).

The deadline for filing the application for a place on the ballot is 78 days prior to the election. For the May 2, 2020 director election, the deadline for filing the application for a place on the ballot will be Friday, February 14, 2020. The deadline for write-in candidates is 74 days before the election. For the May 2, 2020 director election, the deadline for write-in candidates is Tuesday, February 18, 2020.

Completed applications for a place on the ballot may be filed in person or by mail to the District at the following address: P.O. Box 748, Kingsland, Texas 78639.

Conflict of Interest:

Pursuant to Chapter 176 of the Local Government Code, all vendors and other persons contracting or seeking to contract with the District (a local government entity) for the sale or purchase of property, goods or services must file a Conflict of Interest Questionnaire, developed by the Texas Ethics Commission.

For further information relating to the compliance with Chapter 176 of the Local Government Code, please consult your own legal counsel.  Compliance is the responsibility of each individual, business, and agent who is subject to the law’s filing requirement.

For further information on Chapter 176, refer to the following:

2010 Texas Conflicts of Interest Law Made Easy
Attorney General of Texas, Gregg Abbott; Opinion GA-0446

Vendor Conflict of Interest Questionnaire
Listed below are the completed vendor Conflict of Interest Questionnaires received by the District:

                No Conflict Disclosure Statements have been received at this time.

Office Conflict Disclosure Statements
Listed below are the completed Officer Conflict Disclosure Statements received by the District:

                No Conflict Disclosure Statements have been received at this time.

Board of Directors Member Eligibility and Voting Restrictions

To be qualified to serve as a member of a municipal utility district’s board of directors, an individual must be (a) at least 18 years of age, (b) a resident citizen of the State of Texas and (c) either own land subject to taxation within the district or be a qualified voter within the district. Tex. Water Code § 54.102.  A person is disqualified from serving as a member of the board of directors if such person (a) is a developer (sub-divider of real-estate for the purpose of resale) of property in the district, (b) provides professional services to either the district or a developer in the district, or (c) is a party to a contract with the district or a developer in the district relating to the district or property within the district, other than a contract for the purchase of utility service or the purchase or conveyance of residential or commercial property for such person’s use. Tex. Water Code § 49.052(a)(3), (4) & (5).  A person is also disqualified from serving as a member of the board of directors if such person either is related within the third degree of affinity of consanguinity to or is an employee of (a) a developer of property within the district, (b) any other member of the board of directors, or (c) any person providing professional services to the district. Tex. Water Code § 49.052(a)(1) & (2).  If a vacancy on the board of director’s arises, a person is not qualified to be appointed to fill such vacancy if such person resigned from the board (a) in the two years preceding the vacancy date or (b) on or after the vacancy date but before the vacancy is filled or if such person was defeated in a directors election conducted by the district in the two years preceding the vacancy date. Tex. Water Code § 54.103.

An otherwise qualified member of a district board of directors may generally not participate in discussions nor vote on a matter in which such member has a substantial business or property interest or is related to a person within the first degree of affinity or consanguinity having such a substantial business or property interest in the matter coming before the board.  Tex. Loc. Gov’t Code § 171.004(a).  A substantial business interest is represented by (a) ownership of 10% or more of an affected entity’s voting stock, (b) ownership of 10% or more or $15,000 or more of the fair market value of such business entity, or (c) receipt of funds from such business entity exceeding 10% of such person’s gross income from the preceding year. Tex. Loc. Gov’t Code § 171.002(a) & (c).  A substantial property interest is represented by a legal or equitable interest in real property having a fair market value of $2500 or more. Tex. Loc. Gov’t Code § 171.002(b).  In such instances, the member is required to file an affidavit stating the nature and extent of the affected interest.  Tex. Loc. Gov’t Code § 171.004(a).  In the event that a majority of the members of the board are likewise required to file and do file an affidavit of similar interest on the same official action, such members are not required to abstain from participating or voting on the matter. Tex. Loc. Gov’t Code § 171.004(c).  The board is also required to conduct a separate vote on any budget item specifically dedicated to a contract in which a member has a substantial interest. Tex. Loc. Gov’t Code § 171.005(a).  The affected member may not participate in such vote, except as provided in Tex. Loc. Gov’t Code § 171.004(c); however, once such separate budget matter has been resolved, the affected member may participate in the vote on the final budget if such member has filed the affidavit required by Tex. Loc. Gov’t Code § 171.004(a). Tex. Loc. Gov’t Code § 171.005(b)

Texas Water Code Provisions:
§ 54.102. QUALIFICATIONS FOR DIRECTORS.
  To be qualified to serve as a director, a person shall be at least 18 years old, a resident citizen of the State of Texas, and either own land subject to taxation in the district or be a qualified voter within the district.

§ 54.103. LIMITATION ON FILLING VACANCIES.  A board may not appoint a person to fill a vacancy on the board if the person:

        (1)  resigned from the board: (A) in the two years preceding the vacancy date; or (B)on or after the vacancy date is filled; or

        (2)  was defeated in a directors election held by the district in the two years preceding the vacancy date.

§ 49.052. DISQUALIFICATION OF DIRECTORS.

        (a) A person is disqualified from serving as a member of a board of a district that includes less than all the territory in at least one county and which, if located within the corporate area of a city or cities, includes within its boundaries less than 75 percent of the incorporated area of the city or cities, if that person:

                (1) is related within the third degree of affinity or consanguinity to a developer of property in the district, any other member of the board, or the manager, engineer, attorney, or other person providing professional services to the district;

                (2) is an employee of any developer of property in the district or any director, manager, engineer, attorney, or other person providing professional services to the district or a developer of property in the district in connection with the district or property located in the district;

                (3) is a developer of property in the district;

                (4) is serving as an attorney, consultant, engineer, manager, architect, or in some other professional capacity for the district or a developer of property in the district in connection with the district or property located in the district;

                (5)(A) is a party to a contract with or along with the district except for the purchase of public services furnished by the district to the public generally; or

                        (B) is a party to a contract with or along with a developer of property in the district relating to the district or to property within the district, other than a contract limited solely to the purpose of purchasing or conveying real property in the district for the purpose of either establishing a permanent residence, establishing a commercial business within the district, or qualifying as a director; or

                (6) during the term of office, fails to maintain the qualifications required by law to serve as a director.

        (b) Within 60 days after the board determines a relationship or employment exists which constitutes a disqualification under Subsection (a), it shall replace the person serving as a member of the board with a person who would not be disqualified.

        (c) Any person who willfully occupies an office as a member of a board and exercises the powers and duties of that office when disqualified under the provisions of Subsection (a) is guilty of a misdemeanor and, on conviction, shall be fined not less than $100 nor more than $1,000.

        (d) As used in this section, "developer of property in the district" means any person who owns land located within a district covered under this section and who 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.

        (e) Any rights obtained by any third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of any member of the board to serve, provided that the third party had no knowledge at the time the rights were obtained of the fact that the member of the board was disqualified to serve.

        (f) This section shall not apply to special water authorities, districts described in Section 49.181(h)(4), or a district where the principal function of the district is to provide irrigation water to agricultural lands or to provide nonpotable water for any purpose.

        (g) A board by unanimous vote of its remaining members may remove a board member only if that board member has missed one-half or more of the regular meetings scheduled during the prior 12 months.  Any board member so removed may file a written appeal with the commission within 30 days after receiving written notice of the board action.  The commission may reinstate a removed director if the commission finds that the removal was unwarranted under the circumstances, including the reasons for absences, the time and place of the meetings missed, the business conducted at the meetings missed, and any other facts or circumstances the commission may deem relevant.

        (h) This subsection applies only to a district that is located wholly within the boundaries of a municipality with a population of more than 1.5 million, that is governed by Chapter 375, Local Government Code, and that is governed by an appointed board consisting of nine or more members.  Notwithstanding Subsection (f) or (g), a person is considered to have resigned from serving as a member of the board if the person fails to attend three consecutive meetings of the board.  The remaining board members by majority vote may waive the resignation under this subsection if fairness requires that the absences be excused on the basis of illness or other good cause.

        (i) Notwithstanding any other law, a director is eligible to serve on the board of a district governed by Chapter 375, Local Government Code, regardless of the municipality in which the director resides, if: (1) the district is located within the boundaries of a municipality with a population of more than 1.8 million; and (2) all or a part of the district is located more than five miles from the downtown city hall of that municipality.

Texas Local Government Code Provisions:

§ 171.002. SUBSTANTIAL INTEREST IN BUSINESS ENTITY. 

        (a) For purposes of this chapter, a person has a substantial interest in a business entity if: (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year.

        (b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more.

        (c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section.

§ 171.004. AFFIDAVIT AND ABSTENTION FROM VOTING REQUIRED.

        (a) If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if: (1) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or (2) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

        (b) The affidavit must be filed with the official record keeper of the governmental entity.

        (c) If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.

§ 171.005. VOTING ON BUDGET.

        (a) The governing body of a governmental entity shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a member of the governing body has a substantial interest.

        (b) Except as provided by Section 171.004(c), the affected member may not participate in that separate vote.  The member may vote on a final budget if: (1) the member has complied with this chapter; and (2) the matter in which the member is concerned has been resolved.