Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8221. 3 B&j Municipal Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8221. 3 B&j Municipal Utility District

For contingent expiration of this chapter, see Section 8221.003.


Subchapter A. General Provisions

Section 8221.001.  Definitions.

In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Director" means a board member.

(3)  "District" means the 3 B&J Municipal Utility District.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.002.  Nature Of District.

The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.003.  Confirmation Election Required.

(a) The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.

(b)  If the creation of the district is not confirmed at a confirmation election before September 1, 2011:

(1)  the district is dissolved September 1, 2011, except that the district shall:

(A)  pay any debts incurred;

(B)  transfer to Williamson County any assets that remain after the payment of debts; and

(C)  maintain the organization of the district 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. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.004.  Findings Of Benefit And Public Purpose.

All land and other property in the district will benefit from the improvements and services to be provided by the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.005.  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 the district's:

(1)  organization, existence, or validity;

(2)  right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3)  right to impose an assessment or tax; or

(4)  legality or operation.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Subchapter B. Board Of Directors

Section 8221.051.  Governing Body; Terms.

(a) The district is governed by a board of five elected directors.

(b)  Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



For expiration of this section, see Subsection (c).

Section 8221.052.  Initial Directors.

(a) The initial board consists of:

(1)  Duane McGlauflin;

(2)  Bryan Teich;

(3)  Joe Owen;

(4)  Harold Schneider; and

(5)  Kerry Wiggins.

(b)  Unless the initial board agrees otherwise, the initial directors 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.

(c)  This section expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Subchapter C. Powers And Duties

Section 8221.101.  General Powers And Duties.

The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.102.  Municipal Utility District Powers And Duties.

The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.103.  Regional Waste Disposal Powers And Duties.

The district has the powers and duties applicable to a district under Chapter 30, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.104.  Compliance With Municipal Consent Resolution.

The district shall comply with all applicable requirements of any resolution, adopted by the governing body of a municipality under Section 54.016, Water Code, that consents to the creation of the district or to the inclusion of land in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.105.  Wastewater Treatment Facility Design Approval.

The district must obtain the approval of the Brazos River Authority for the design of any district wastewater treatment facility.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.106.  Wastewater Service Providers.

Only the Brazos River Authority or a provider approved by the Brazos River Authority may provide wastewater service in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.107.  Compliance With February 2005 Agreement.

The district shall comply with the terms of the "Agreement Regarding Sewer Services Areas and Customers" among the Lower Colorado River Authority, the Brazos River Authority, the City of Georgetown, the City of Liberty Hill, and the Chisholm Trail Special Utility District dated February 1, 2005.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.108.  Street Repair And Maintenance.

(a) After July 1, 2017, the district, at the district's expense, shall repair and maintain any streets in the district.

(b)  A district's repair and maintenance of streets under this section must meet all applicable construction standards and regulations of the City of Georgetown and Williamson County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.109.  Authority For Road Projects.

Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.

Added by Acts 2009, 81st Leg., R.S., Ch. 1086, Sec. 1, eff. June 19, 2009.



Section 8221.110.  Road Standards And Requirements.

(a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.

(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Added by Acts 2009, 81st Leg., R.S., Ch. 1086, Sec. 1, eff. June 19, 2009.



Section 8221.111.  Limitation On Use Of Eminent Domain. The

district may not exercise the power of eminent domain outside the district to acquire a site or easement for a road project authorized by Section 8221.109.

Added by Acts 2009, 81st Leg., R.S., Ch. 1086, Sec. 1, eff. June 19, 2009.



Subchapter D. General Financial Provisions

Section 8221.151.  Elections Regarding Taxes Or Bonds.

(a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from a source other than ad valorem taxation.

(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c)  An ad valorem tax rate imposed by the district may not exceed the rate approved at the election.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.152.  Operation And Maintenance Tax.

(a) If authorized at an election held under Section 8221.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Section 49.107, Water Code.

(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 21.080, eff. September 1, 2009.



Subchapter E. Bonds

Section 8221.201.  Authority To Issue Bonds And Other Obligations. The

district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose, including a purpose described by Section 8221.109.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1086, Sec. 2, eff. June 19, 2009.



Section 8221.202.  Taxes For Bonds And Other Obligations.

At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1)  the board shall impose a continuing direct annual ad valorem tax, at a rate not to exceed the rate approved at an election held under Section 8221.151, for each year that all or part of the bonds are outstanding; and

(2)  the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A)  pay the interest on the bonds or other obligations as the interest becomes due;

(B)  create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and

(C)  pay the expenses of imposing the taxes.

Added by Acts 2007, 80th Leg., R.S., Ch. 1131, Sec. 1, eff. June 15, 2007.



Section 8221.203.  Bonds For Road Projects.

(a) At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

(b)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1086, Sec. 3, eff. June 19, 2009.


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