Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8297. Hays County Municipal Utility (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8297. Hays County Municipal Utility

DISTRICT NO. 6

For contingent expiration of this chapter, see Section 8297.004.


Subchapter A. General Provisions

Section 8297.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Hays County Municipal Utility District No. 6.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.002.  Nature Of District.

The district is a municipal utility district in Hays County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.003.  Findings Of Public Use And Benefit.

(a) The district is created to serve a public use and benefit.

(b)  All land and other property included in the district will benefit from the works and projects to be accomplished by the district under powers conferred by Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.004.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8297.023 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 Hays 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, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.005.  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:

(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. 961, Sec. 1, eff. June 15, 2007.



Section 8297.006.  Construction Of Chapter.

This chapter shall be liberally construed in conformity with the findings and purposes set forth in this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8297.025.


Section 8297.021.  Temporary Directors.

(a) The temporary board consists of:

(1)  Sam McBride;

(2)  Ken Austin;

(3)  Mike Coble;

(4)  Mike Schroeder; and

(5)  David Fulkerson.

(b)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.  If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board.

(c)  Temporary directors serve until the earlier of:

(1)  the date directors are elected under Section 8297.023; or

(2)  the date this chapter expires under Section 8297.004.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.022.  Consent Of Municipality Required.

(a) The temporary directors may not hold an election under Section 8297.023 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.

(b)  A resolution adopted by a municipality before April 1, 2007, is not effective under this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.023.  Confirmation And Initial Directors' Election.

(a) 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.

(b)  If a majority of the votes cast at the election favor the creation of the district, the temporary directors shall declare the district created.  If a majority of the votes cast at the election do not favor the creation of the district, the district is not created.  The temporary directors shall file a copy of the election results with the Texas Commission on Environmental Quality.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.024.  Initial Elected Directors; Terms.

The directors elected under Section 8297.023 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.025. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Subchapter B. Board Of Directors

Section 8297.051.  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. 961, Sec. 1, eff. June 15, 2007.



Subchapter C. Powers And Duties

Section 8297.101.  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. 961, Sec. 1, eff. June 15, 2007.



Section 8297.102.  Compliance With Municipal Consent Ordinances Or Resolutions.

The district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Dripping Springs that consents to the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.



Section 8297.103.  Limitation On Use Of Eminent Domain.

The district may exercise the power of eminent domain outside the district only to acquire an easement necessary for a pipeline that serves the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 961, Sec. 1, eff. June 15, 2007.


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