Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8256. Platinum Ranch Municipal Utility District No. 1 Of Grayson County (Texas)

From Law Delta

Revision as of 21:44, 28 September 2011 by Admin (Talk | contribs)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Subtitle F. Municipal Utility Districts

Contents

Chapter 8256. Platinum Ranch Municipal Utility District No. 1 Of Grayson County

For contingent expiration of this chapter, see Section 8256.003.


Subchapter A. General Provisions

Section 8256.001.  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 Platinum Ranch Municipal Utility District No. 1 of Grayson County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.002.  Nature Of District.

The district is a municipal utility district in Grayson 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. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8256.055 before September 1, 2009:

(1)  the district is dissolved September 1, 2009, except that:

(A)  any debts incurred shall be paid;

(B)  any assets that remain after the payment of debts shall be transferred to Grayson 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. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.004.  Initial District Territory.

(a) The district is initially composed of the territory described by Section 6.02 of the article creating this chapter.

(b)  The boundaries and field notes contained in Section 6.02 of the article 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 other indebtedness; or

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.005.  Annexation Into City Of Gunter.

(a) Notwithstanding any other law, if all of the territory of the district is annexed by the City of Gunter into the corporate limits of that municipality before the date of the election held to confirm the creation of the district, the district is not dissolved and shall continue in full force and effect.

(b)  Any future annexation or inclusion of additional territory into a district governed by this chapter may not occur unless the City of Gunter is allowed to voluntarily annex the same territory into the municipality's corporate limits.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.006.  Dissolution.

Section 43.074, Local Government Code, applies to the dissolution of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Subchapter B. Board Of Directors

Section 8256.051.  Directors; Terms.

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

(b)  Except as provided by Section 8256.053, directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.052.  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. 1129, Sec. 6.01, eff. September 1, 2007.



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

Section 8256.053.  Initial Directors.

(a) The initial board consists of:

(1)  Mark McClure;

(2)  Greg Meador;

(3)  Lance Hancock;

(4)  David Howell; and

(5)  Mark Smith.

(b)  The terms of the first three directors named in Subsection (a) expire on the uniform election date in May 2008, and the terms of the last two directors named in Subsection (a) expire on the uniform election date in May 2010.

(c)  This section expires September 1, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.054.  Incorporation Of District Territory Into Municipality Required.

The directors may not hold an election under Section 8256.055 until all of the territory of the district is included in the corporate limits of the City of Gunter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.055.  Confirmation And Initial Directors' Election.

The initial directors shall hold an election to confirm the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Subchapter C. Powers And Duties

Section 8256.101.  Municipal Utility District Powers And Duties.

(a) 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.

(b)  Notwithstanding Subsection (a), the district may not act as a retail provider of water or wastewater service.

(c)  The district shall make the district's water and wastewater facilities available to an entity holding the applicable certificate of convenience and necessity.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.102.  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, inside the district.

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

(c)  If a portion of the territory of the district is excluded from the corporate limits of the City of Gunter, the district shall:

(1)  improve, maintain, repair, and operate the roads located in that portion of territory in accordance with the ordinances and rules of the political subdivision possessing jurisdiction over the roads in that portion of territory; and

(2)  pay the entire cost of performing the district's duties under Subdivision (1).

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Section 8256.103.  Division Of District.

(a) The district may be divided into two new districts only if:

(1)  the district has no outstanding bonded debt;

(2)  the district is not imposing ad valorem taxes; and

(3)  each new district is within the corporate limits of the City of Gunter.

(b)  The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c)  Any new district created by the division of the district has all the powers and duties of the district.

(d)  At the time of creation, any new district created by the division of the district may not contain any land outside the area described by Section 6.02 of the article creating this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Subchapter D. General Financial Provisions

Section 8256.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8256.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 6.01, eff. September 1, 2007.



Subchapter E. Bonds

Section 8256.201.  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 a project under Section 8256.101 or 8256.102.

(b)  The district may not issue bonds to finance projects authorized by Section 8256.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8256.102 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. 1129, Sec. 6.01, eff. September 1, 2007.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox