Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8257. Magnolia Woods Municipal Utility District No. 1 Of Montgomery, Waller, And Grimes Counties (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8257. Magnolia Woods Municipal Utility District No. 1 Of Montgomery, Waller, And Grimes Counties

For contingent expiration of this chapter, see Section 8257.003.


Subchapter A. General Provisions

Section 8257.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Magnolia Woods Municipal Utility District No. 1 of Montgomery, Waller, and Grimes Counties.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.002.  Nature Of District.

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

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation election held under Section 8257.024 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 Montgomery, Waller, and Grimes Counties 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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.004.  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 other indebtedness; or

(4)  the legality or operation of the district or the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Sec. 8257.026.


Section 8257.021.  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 8257.024; or

(2)  the date this chapter expires under Section 8257.003.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.022.  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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.023.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 8257.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.024.  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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.025.  Initial Elected Directors; Terms.

The directors elected under Section 8257.024 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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.026. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Subchapter B. Board Of Directors

Section 8257.051.  Governing Body; 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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.052.  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. 1157, Sec. 1, eff. September 1, 2007.



Subchapter C. Powers And Duties

Section 8257.101.  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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.102.  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 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)  If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, subdivision requirements, and regulatory ordinances of each county in which the district is located.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.103.  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 53.030-53.034, 53.040, and 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)  Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.104.  Limitation On District Dissolution.

(a) Notwithstanding Section 43.0751, Local Government Code, or any other general law, before December 31, 2017, the district may not be dissolved unless the dissolution is approved by:

(1)  the board; and

(2)  the governing body of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.

(b)  This section expires December 31, 2017.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.105.  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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.106.  Recreational Facilities; Limit On Eminent Domain Power.

(a) In this section, "recreational facilities" and "develop and maintain" have the meanings assigned by Section 49.462, Water Code.

(b)  The district may develop and maintain recreational facilities.

(c)  The district may not, for the development or maintenance of a recreational facility, acquire by condemnation land, an easement, or other property inside or outside the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Subchapter D. General Financial Provisions

Section 8257.151.  Tax To Repay Bonds. The

district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8257.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Subchapter E. Bonds

Section 8257.201.  Authority To Issue Bonds And Other Obligations. 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 a project under Section 8257.101, 8257.102, or 8257.106.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.202.  Bonds For Road Projects.

(a) The district may not issue bonds or other obligations to finance projects authorized by Section 8257.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(b)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8257.102 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. 1157, Sec. 1, eff. September 1, 2007.



Section 8257.203.  Bonds For Recreational Facilities.

If authorized at an election under Section 49.4645, Water Code, the district may issue bonds payable from ad valorem taxes to pay for the development and maintenance of recreational facilities in accordance with Subchapter N, Chapter 49, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157, Sec. 1, eff. September 1, 2007.


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