Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8190. Denton County Municipal Utility District No. 7 (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8190. Denton County Municipal Utility District No. 7

For contingent expiration of this chapter, see Section 8190.004.


Subchapter A. General Provisions

Section 8190.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Denton County Municipal Utility District No. 7.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.002.  Nature Of District.

The district is a municipal utility district in Denton 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. 793, Sec. 1, eff. June 15, 2007.



Section 8190.003.  Finding Of Public Use And Benefit.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.004.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8190.023 before September 1, 2011:

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

(A)  pay any debts incurred;

(B)  transfer to Denton 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.005.  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; or

(3)  the legality or operation of the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8190.025.


Section 8190.021.  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 to 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 or if a vacancy occurs in the office of temporary director, the vacancy shall be filled as provided by Section 49.105, Water Code.

(d)  Temporary directors serve until the earlier of:

(1)  the date directors are elected under Section 8190.023; or

(2)  the date this chapter expires under Section 8190.004.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.022.  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 convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors.  If a location cannot be agreed upon, the organizational meeting shall be at the Denton County Courthouse.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.023.  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 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.024.  Initial Elected Directors; Terms.t

he directors elected under Section 8190.023 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. 793, Sec. 1, eff. June 15, 2007.



Section 8190.025. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Subchapter B. Board Of Directors

Section 8190.051.  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. 793, Sec. 1, eff. June 15, 2007.



Subchapter C. Powers And Duties

Section 8190.101.  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. 793, Sec. 1, eff. June 15, 2007.



Section 8190.102.  Road Projects.

(a) The district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads.

(b)  A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.  If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations 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 resolution.  If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by resolution.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.103.  Road Contracts.

The district may contract for a road project in the manner provided by Subchapter I, Chapter 49, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Subchapter D. General Financial Provisions

Section 8190.151.  Operation And Maintenance Tax.

The district may impose a tax for any district operation and maintenance purpose in the manner provided by Section 49.107, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.152.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of and interest on bonds issued under Section 8190.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Section 8190.153.  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;

(4)  a cable operator as defined by 47 U.S.C. Section 522; or

(5)  a person who provides to the public advanced telecommunications services.

Added by Acts 2007, 80th Leg., R.S., Ch. 793, Sec. 1, eff. June 15, 2007.



Subchapter E. Bonds

Section 8190.201.  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, and to finance the construction, maintenance, or operation of projects under Section 8190.102.

(b)  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money.

(c)  The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8190.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(d)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8190.102 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. 793, Sec. 1, eff. June 15, 2007.


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