Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8245. Hardin Store Road Municipal Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8245. Hardin Store Road Municipal Utility District

NO. 1 OF MONTGOMERY COUNTY

For contingent expiration of this chapter, see Section 8245.003.


Subchapter A. General Provisions

Section 8245.001.  Definitions.

In this chapter:

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

(2)  "Director" means a member of the board.

(3)  "District" means the Hardin Store Road Municipal Utility District No. 1 of Montgomery County.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.002.  Nature Of District.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8245.024 before September 1, 2011:

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

(A)  any debts incurred shall be paid;

(B)  any assets that remain after the payment of debts shall be transferred to Montgomery County; and

(C)  the organization of the district shall be maintained 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. 578, Sec. 1, eff. September 1, 2007.



Section 8245.004.  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:

(1)  the organization, existence, or validity of the district;

(2)  the right of the district to impose taxes;

(3)  the validity of the district's bonds, notes, or indebtedness; or

(4)  the legality or operation of the district or the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8245.026.


Section 8245.021.  Temporary Directors.

(a) On or after September 1, 2007, a person who owns land in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.

(b)  The commission shall appoint as temporary directors the five persons named in the first petition received by the commission under Subsection (a).

(c)  If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.

(d)  Temporary directors serve until the earlier of:

(1)  the date directors are elected under Section 8245.024; or

(2)  the date this chapter expires under Section 8245.003.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.022.  Organizational Meeting Of Temporary Directors.

As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors.  At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.023.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 8245.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.024.  Confirmation And Initial Directors' Election.

The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.025.  Initial Elected Directors; Terms.

The directors elected under Section 8245.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8245.052 and which three shall serve until the second regularly scheduled election of directors.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.026. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Subchapter B. Board Of Directors

Section 8245.051.  Directors; Terms.

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

(b)  Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.052.  Election Of Directors.

On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Subchapter C. Powers And Duties

Section 8245.101.  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. 578, Sec. 1, eff. September 1, 2007.



Section 8245.102.  Road Projects.

(a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside the district.

(b)  A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.  If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(c)  The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.103.  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. 578, Sec. 1, eff. September 1, 2007.



Section 8245.104.  Recreational Facilities; Limit On Eminent Domain Power.

(a) In this section, "recreational facilities" and "develop and maintain" have the meanings assigned by Section 49.462, Water Code.

(b)  The district may develop and maintain recreational facilities in the manner provided by Subchapter N, Chapter 49, Water Code.

(c)  The district may not, for the development or maintenance of a recreational facility, acquire by condemnation land, an easement, or other property inside or outside the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Subchapter D. General Financial Provisions

Section 8245.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of or interest on bonds issued under Section 8245.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Subchapter E. Bonds

Section 8245.201.  Authority To Issue Bonds And Other Obligations. (a)

The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, to finance the construction, maintenance, or operation of projects under Sections 8245.101 and 8245.102.

(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 issue bonds payable from ad valorem taxes.

(c)  The district may not issue bonds to finance projects authorized by Section 8245.102 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose.

(d)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8245.102 may not exceed one-fourth of the assessed value of the real property in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.



Section 8245.202.  Bonds For Recreational Facilities. If

authorized at an election under Section 8245.201(b), the district may issue bonds payable from ad valorem taxes to pay for the development and maintenance of recreational facilities under Section 8245.104.

Added by Acts 2007, 80th Leg., R.S., Ch. 578, Sec. 1, eff. September 1, 2007.


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