Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8199. Williamson-liberty Hill Municipal Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8199. Williamson-liberty Hill Municipal Utility District

For contingent expiration of this chapter, see Section 8199.003.


Subchapter A. General Provisions

Section 8199.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Williamson-Liberty Hill Municipal Utility District.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.002.  Nature Of District.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.003.  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, 2011:

(1)  the district is dissolved September 1, 2011, 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.004.  Findings Of Benefit And Public Purpose.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.005.  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 the district's:

(1)  organization, existence, or validity;

(2)  right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

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

(4)  legality or operation.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Subchapter B. Board Of Directors

Section 8199.051.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



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

Section 8199.052.  Initial Directors.

(a) The initial board consists of:

(1)  Brad Greenblum;

(2)  Patrick Shelton;

(3)  Mark Sprague;

(4)  Keith Husbands; and

(5)  Robert Gelernter.

(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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Subchapter C. Powers And Duties

Section 8199.101.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.102.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.103.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.104.  Compliance With Municipal Consent Resolution.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.105.  Wastewater Treatment Facility Design Approval.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.106.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.107.  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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.108.  Street Repair And Maintenance.

(a) After July 1, 2017, the district, at the district's expense, shall repair and maintain any streets in the district.

(b)  A district's repair and maintenance of streets under this section must meet all applicable construction standards and regulations of the City of Liberty Hill and Williamson County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Subchapter D. General Financial Provisions

Section 8199.151.  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 taxation.

(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.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.152.  Operation And Maintenance Tax.

(a) If authorized at an election held under Section 8199.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by 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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 21.073, eff. September 1, 2009.



Subchapter E. Bonds

Section   8199.201.  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, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Added by Acts 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.



Section 8199.202.  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 8199.151, 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 2007, 80th Leg., R.S., Ch. 1075, Sec. 1, eff. June 15, 2007.


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