Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8349. Northwest Williamson County Municipal Utility District No. 1 (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8349. Northwest Williamson County Municipal Utility District No. 1

For contingent expiration of this chapter, see Section 8349.003.


Subchapter A. General Provisions

Section 8349.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Northwest Williamson County Municipal Utility District No. 1.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.002.  Nature Of District.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.003.  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, 2013:

(1)  the district is dissolved September 1, 2013, 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, 2016.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.004.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 8349.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.005.  Findings Of Public Purpose And Benefit.

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

(b)  The district is created to accomplish the purposes of:

(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, or improvement of macadamized, graveled, or paved roads described by Section 54.234, Water Code, or improvements, including storm drainage, bridges, and appurtenances, in aid of those roads.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.006.  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 the purposes for which the district is created or to pay the principal of and interest on a bond;

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

(4)  legality or operation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Subchapter B. Board Of Directors

Section 8349.051.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



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

Section 8349.052.  Initial Directors.

(a) The initial board consists of:

(1)  Kevin Boscamp;

(2)  Ken Willey;

(3)  Trip Leon;

(4)  Bill Woodall; and

(5)  Bruce Hollingsworth.

(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, 2016.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Subchapter C. Powers And Duties

Section 8349.101.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.102.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.103.  Authority For Road Projects.

(a) Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads described by Section 54.234, Water Code, or improvements, including storm drainage, bridges, and appurtenances, in aid of those roads.

(b)  The district may exercise the powers provided by this section without submitting a petition to or obtaining approval from the Texas Commission on Environmental Quality as required by Section 54.234, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.104.  Approval Of Road Project.

(a) The district may not undertake a road project authorized by Section 8349.103 unless:

(1)  the municipality or county that will operate and maintain the road has approved the plans and specifications of the road project; or

(2)  the Texas Transportation Commission has approved the plans and specifications of the road project, if the state will operate and maintain the road.

(b)  Except as provided by Subsection (a), the district is not required to obtain approval from the Texas Transportation Commission to design, acquire, construct, finance, issue bonds for, improve, or convey a road project.

(c)  The district's construction, repair, and maintenance of streets under this section must meet all applicable construction standards and regulations of Williamson County.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.105.  Compliance With Municipal Consent Ordinance Or Resolution.

The district shall comply with all applicable requirements of any resolution that is adopted by the governing body of a municipality under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.106.  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:

(1)  a road project authorized by Section 8349.103; or

(2)  a recreational facility as defined by Section 49.462, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.107.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.108.  Wastewater Treatment Facility Design Approval.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.109.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.110.  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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Subchapter D. General Financial Provisions

Section 8349.151.  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 taxes.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.152.  Operation And Maintenance Tax.

(a) If authorized at an election held under Section 8349.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with 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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Subchapter E. Bonds And Other Obligations

Section 8349.201.  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, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.202.  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 8349.151, 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 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.



Section 8349.203.  Bonds For Road Projects.

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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1085, Sec. 1, eff. June 19, 2009.


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