Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8208. Four Seasons Ranch Municipal Utility District No. 1 Of Denton County (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8208. Four Seasons Ranch Municipal Utility District No. 1 Of Denton County

For contingent expiration of this chapter, see Section 8208.003.


Subchapter A. General Provisions

Section 8208.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Four Seasons Ranch Municipal Utility District No. 1 of Denton County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.002.  Nature Of District.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8208.024 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. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.004.  Initial District Territory.

(a) The district is initially composed of the territory described by Section 9.02 of the article creating this chapter.

(b)  The boundaries and field notes contained in Section 9.02 of the article 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 other indebtedness; or

(4)  the legality or operation of the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Section 8208.026.


Section 8208.021.  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 requesting that the commission 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, 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 8208.024; or

(2)  the date this subchapter expires under Section 8208.026.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.022.  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.  At the meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.023.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 8208.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located, if any, has adopted a resolution consenting to the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.024.  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. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.025.  Initial Elected Directors; Terms.t

he directors elected under Section 8208.024 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. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.026. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Subchapter B. Board Of Directors

Section 8208.051.  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. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.052.  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 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Subchapter C. Powers And Duties

Section 8208.101.  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. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.102.  Road Projects.

(a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(b)  A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction 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 ordinance or resolution.

(d)  The district shall, at its sole cost and expense, maintain, improve, operate, and repair all roads constructed or acquired by the district unless the municipality or county in which a road is located voluntarily assumes the obligation.  An assumption of an obligation under this subsection is not valid or binding unless the assumption is in writing, executed by the necessary parties, and filed in the land records of the county in which the road is located.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.103.  Compliance With Municipal Ordinances Or Resolutions.

The district shall comply with all applicable requirements of any ordinance or resolution adopted by the governing body of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.104.  Annexation Of Land In Grayson County.

The district may not annex land located in Grayson County without the prior consent of the Commissioners Court of Grayson County.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Section 8208.105.  Division Of District.

(a) The district may be divided into two new districts only if the district:

(1)  has no outstanding bonded debt; and

(2)  is not imposing ad valorem taxes.

(b)  The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.

(c)  Any new district created by the division of the district has all the powers and duties of the district.

(d)  A new district, at the time it is created by the division of the district, may not contain land outside the area described by Section 9.02 of the article creating this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Subchapter D. General Financial Provisions

Section 8208.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of and interest on bonds issued under Section 8208.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 1129, Sec. 8.01, eff. September 1, 2007.



Subchapter E. Bonds

Section 8208.201.  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 Sections 8208.101 and 8208.102.

(b)  The district may not issue bonds to finance projects authorized by Section 8208.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8208.102 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. 1129, Sec. 8.01, eff. September 1, 2007.


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