Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8122. Fort Bend County Municipal Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8122. Fort Bend County Municipal Utility District

NO. 177

For contingent expiration of this chapter, see Sec. 8122.003.


Subchapter A. General Provisions

Section 8122.001.  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 Fort Bend County Municipal Utility District No. 177.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.002.  Nature Of District.

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

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8122.023 before September 1, 2007:

(1)  the district is dissolved September 1, 2007, except that:

(A)  any debts incurred shall be paid;

(B)  any assets that remain after the payment of debts shall be transferred to Fort Bend 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, 2010.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.004.  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 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.005.  Applicability Of Other Law.

Except as otherwise provided by this chapter, Chapters 49 and 54, Water Code, apply to the district.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Subchapter A1. Temporary Provisions

For expiration of this subchapter, see Sec. 8122.025


Section 8122.021.  Temporary Directors.

(a) On or after September 1, 2005, a person who owns land inside the boundaries of the district may petition the Texas Commission on Environmental Quality to appoint as temporary directors the five persons listed in the petition.

(b)  The commission shall appoint as temporary directors the persons listed in a petition received by the commission under Subsection (a).  If the commission receives more than one petition, the commission shall appoint the directors listed in the first petition the commission receives.

(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 8122.023; or

(2)  the date this chapter expires under Section 8122.003.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.022.  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.  If a location cannot be agreed upon, the meeting shall be at the Fort Bend County Courthouse.  At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.023.  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 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.024.  Initial Elected Directors; Terms.

The directors elected under Section 8122.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8122.052 and which three shall serve until the second regularly scheduled election of directors.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.025. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Subchapter B. Board Of Directors

Section 8122.051.  Directors; Terms.

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

(b)  Directors serve staggered four-year terms.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.052.  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 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Subchapter C. Powers And Duties

Section 8122.101.  General Powers.

The district has all of the rights, powers, privileges, authority, functions, 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 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.102.  Road Projects.

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 or outside the district.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.103.  Compliance With Municipal Consent Ordinances Or Resolutions.

Subject to the limitations of Section 54.016, Water Code, the district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Rosenberg, including an ordinance or resolution adopted before September 1, 2005, that consents to the creation of the district or to the inclusion of lands within the district.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Subchapter D. General Financial Provisions

Section 8122.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of or interest on bonds issued under Section 8122.201.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Section 8122.152.  Utility Property Exempt From Impact Fees And Assessments.

The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:

(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;

(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;

(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or

(4)  a person who provides to the public cable television or advanced telecommunications services.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.



Subchapter E. Bonds

Section 8122.201.  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 8122.101 and 8122.102.

(b)  The district may not issue bonds to finance projects authorized by Section 8122.102 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.

(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8122.102 may not exceed one-fourth of the assessed value of the real property in the district.

(d)  Sections 49.181 and 49.182, Water Code, do not apply to a project undertaken by the district under Section 8122.102 or to bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., Ch. 430, Sec. 1, eff. September 1, 2005.

Added by Acts 2005, 79th Leg., Ch. 1166, Sec. 1, eff. September 1, 2005.


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