CHAPTER 8101. ATHENS MUNICIPAL WATER AUTHORITY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8101. ATHENS MUNICIPAL WATER AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8101.001. DEFINITIONS. In this chapter:

(1) "Authority" means the Athens Municipal Water Authority.

(2) "Board" means the authority's board of directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.002. NATURE OF AUTHORITY. The authority is a

conservation and reclamation district in Henderson County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.003. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The

legislature finds that the authority is created to serve a

public use and benefit.

(b) The authority is created under and is essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

(c) The accomplishment of the purposes stated in this chapter

are for the benefit of the people of this state and for the

improvement of their properties and industries. The authority in

carrying out the purposes of this chapter will be performing an

essential public function under the constitution of this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 13.005(a), eff. September 1, 2007.

Sec. 8101.004. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed to effect its purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT

TERRITORY

Sec. 8101.051. BOUNDARIES. The authority is in Henderson

County and, unless modified as provided by Section 8101.052, by

Subchapter J, Chapter 49, Water Code, or by Subchapter O, Chapter

51, Water Code, the boundaries of the authority are coextensive

with the corporate limits of the city of Athens, Henderson

County, Texas, as those corporate limits existed on September 1,

2003.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 13.005(b), eff. September 1, 2007.

Sec. 8101.052. ANNEXATIONS OF TERRITORY. (a) The board, as

provided by this section, may annex territory the City of Athens

annexes. The authority may not annex territory under this

section if bonds supported by ad valorem taxes previously voted

on remain unissued and unsold.

(b) The board by order may set a date for a hearing on the

annexation and hold the hearing on that date.

(c) Notice of the hearing must:

(1) be posted in three public places in the territory proposed

to be annexed at least 15 days before the date set for the

hearing; and

(2) contain a statement of the nature and purpose of the hearing

and the date, time, and place of the hearing.

(d) A person whose land is included in or would be affected by

the annexation may:

(1) appear at the hearing to contest the annexation; and

(2) offer testimony to show that the annexation would or would

not benefit land proposed to be annexed.

(e) The board shall enter a resolution ordering the annexation

and designating the territory if the board finds as a result of

the hearing that the proposed annexation is feasible and

practicable and would benefit the land proposed to be annexed.

The board may designate the territory by reference to the city's

annexation ordinance or in another manner.

(f) The board shall refuse the proposed annexation if the board

finds as a result of the hearing that the annexation does not

satisfy the requirements of Subsection (e).

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 13.005(c), eff. September 1, 2007.

Sec. 8101.053. LIMITATION ON ASSUMPTION OF TAX OBLIGATIONS. (a)

The authority may not impose on territory the authority annexes

under Section 8101.052 a tax obligation the authority incurred

before annexation unless:

(1) the owners of the land annexed provide written consent for

the assumption of that tax obligation; or

(2) at an election held for that purpose in the territory, a

majority of the voters of the territory approve the assumption of

that tax obligation.

(b) The notice provisions of Section 49.106, Water Code, apply

to an election held under this section.

(c) The election notice must be published in a newspaper

published in the city of Athens. If a newspaper is not published

in the city of Athens, it is sufficient to post notices at three

public places in that city at least 28 days before the date of

the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. BOARD OF DIRECTORS

Sec. 8101.101. GENERAL POWERS. The board consists of five

directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.102. ELIGIBILITY TO SERVE. (a) A director must

reside in and own taxable property in the authority.

(b) A person may not serve as a director if the person is:

(1) a member of a governing body of a municipality; or

(2) an employee of a municipality.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.103. DIRECTORS ELECTION. (a) The board shall issue

an order for each directors election stating the time, place, and

purpose of the election.

(b) Notice of a directors election shall be published in a

newspaper of general circulation in the authority's territory one

time at least 30 days before the date of the election.

(c) The appropriate number of candidates who receive the highest

number of votes shall be declared elected.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.104. BALLOT PROCEDURE FOR CANDIDATES. (a) A person

who wants to have the person's name printed on the ballot as a

candidate for director must submit a petition to the board

secretary requesting that action.

(b) The petition must be:

(1) signed by at least 50 qualified voters; and

(2) presented to the secretary not later than the 21st day

before the date of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.105. APPOINTMENT OF SECRETARY AND TREASURER. The

board shall appoint a secretary and a treasurer. The board may

combine those offices. The secretary or treasurer is not required

to be a director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.106. VOTE BY BOARD PRESIDENT. The president has the

same right to vote as any other director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.107. DIRECTOR'S AND TREASURER'S BOND. (a) A director

shall give bond in the amount of $5,000 for the faithful

performance of the director's duties.

(b) The treasurer shall give bond in an amount required by the

board, conditioned on the treasurer's faithfully accounting for

all money that comes into the treasurer's custody.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.108. COMPENSATION. Unless the board by resolution

increases the fee to an amount authorized by Section 49.060,

Water Code, each director shall receive a fee not to exceed $10

for attending each board meeting and a fee not to exceed $10 for

each day devoted to authority business.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 8101.151. POWERS AND DUTIES. The authority has:

(1) all the powers of a governmental agency; and

(2) the rights, powers, privileges, and functions that:

(A) may be contemplated and implied by Section 59, Article XVI,

Texas Constitution; or

(B) are conferred by the general laws of the state relating to

water control and improvement districts, including Chapters 49

and 51, Water Code, unless those rights, powers, privileges, or

functions conflict with this chapter.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.152. WATER SUPPLY AND DISTRIBUTION. (a) The

authority may develop, construct, or purchase dams, reservoirs,

and underground or other sources of water.

(b) The authority may construct or purchase all works, plants,

and other facilities necessary or useful to:

(1) provide a source of water supply;

(2) store and process the water; and

(3) transport and distribute the water for municipal, domestic,

and industrial purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.153. WASTE SERVICES. To preserve and protect the

purity of the waters of the authority and this state and to

conserve and reclaim those waters for beneficial use by the

inhabitants of the authority, the authority may provide all

plants, works, facilities, and appliances incident to, helpful

to, or necessary to collect, transport, process, dispose of, and

control all domestic, industrial, or communal wastes, whether

fluid, solid, or composite.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.154. EMINENT DOMAIN. (a) The authority may exercise

the power of eminent domain to acquire land and easements to

carry out any power conferred by this chapter.

(b) The authority must exercise the power of eminent domain in

the manner provided by Chapter 21, Property Code.

(c) The board shall determine the amount of and character of

interest in land and easements to be acquired.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.155. COST OF RELOCATING PROPERTY. If the authority,

in the exercise of the power of eminent domain, the power of

relocation, or any other power granted under this chapter, makes

necessary relocating, raising, rerouting, changing the grade of,

or altering the construction of any highway, railroad, electric

transmission line, or pipeline or telephone or telegraph property

or facility, the authority is solely responsible for the expense

of that necessary action.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.156. CONSTRUCTION OR PURCHASE CONTRACTS. (a) Except

as provided by Subsection (e), the authority shall award a

construction contract or contract for the purchase of materials,

equipment, or supplies requiring an expenditure of more than

$2,000 to the lowest and best bidder.

(b) Notice to bidders must be published once each week for two

weeks before the contract is awarded.

(c) The notice is sufficient if it states:

(1) the time and place for opening the bids;

(2) the general nature of the work to be done or the material,

equipment, or supplies to be purchased; and

(3) where and how copies of the plans and specifications may be

obtained.

(d) The notice must be printed in a newspaper that is designated

by the board and that is published in Henderson County.

(e) This section does not apply to the purchase of a system or

part of a system in existence at the time of the purchase.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.157. CONTRACTS WITH MUNICIPALITIES AND OTHERS. (a)

The authority may contract with municipalities and others for

supplying services to them.

(b) The authority may contract with any municipality for the

rental, lease, or operation of the water production, water

supply, and water supply facilities of the authority for the

consideration agreed to by the authority and the municipality.

(c) The authority may contract with any municipality for the

rental, lease, or operation of the water production, water

supply, and water supply facilities or sanitary sewer system of

the municipality for the consideration agreed to by the authority

and the municipality.

(d) A contract under this section:

(1) may be on the terms and for the period to which the parties

agree; and

(2) may provide that the contract continues in effect until the

bonds specified by the contract and refunding bonds issued in

place of those bonds are paid.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8101.201. TAX METHOD. The authority shall use the ad

valorem plan of taxation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.202. TAX ASSESSOR AND COLLECTOR. Before issuing bonds

payable wholly or partly from ad valorem taxes or imposing ad

valorem taxes for any other purpose, the board shall:

(1) appoint a tax assessor and collector;

(2) provide for taxes to be assessed; and

(3) provide for the preparation of tax rolls.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.203. DEPOSITORY. (a) The board shall designate one

or more banks to serve as depository for the authority's money.

(b) All of the authority's money shall be deposited in the

depository bank or banks, except that:

(1) money pledged to pay bonds may be deposited with the trustee

bank or banks named in the trust indenture; and

(2) money for payment of the principal of and interest on bonds

shall be remitted to the bank of payment.

(c) To the extent that money in the depository banks and the

trustee bank are not insured by the Federal Deposit Insurance

Corporation, they must be secured in the manner provided by law

for the security of county funds.

(d) Before designating a depository bank or banks, the board

shall issue a notice that:

(1) states the time and place of the board's meeting for that

purpose; and

(2) invites the banks to submit applications to be designated

depositories.

(e) The notice must be published one time in a newspaper

published in the city of Athens at least 10 days before the date

set for receiving applications.

(f) The board shall prescribe the terms of service for

depositories.

(g) At the time mentioned in the notice, the board shall:

(1) consider the applications and the management and condition

of the banks filing applications; and

(2) designate as depository the bank or banks that:

(A) offer the most favorable terms for handling the authority's

money; and

(B) the board finds have proper management and are in condition

to handle the authority's money.

(h) If the board does not receive any applications by the time

stated in the notice, or if the board rejects all applications,

the board shall designate a bank or banks on terms it finds

advantageous to the authority.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER F. BONDS

Sec. 8101.251. AUTHORITY TO ISSUE BONDS. (a) The authority may

issue bonds to:

(1) purchase or otherwise provide works, plants, facilities, or

appliances necessary to accomplish the purposes authorized by

this chapter; or

(2) exercise any other power conferred by this chapter.

(b) Bonds issued by the authority must be payable from revenue

or ad valorem taxes. If bonds are payable wholly from revenue,

the revenue may be pledged by board resolution without an

election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.252. REFUNDING BONDS. (a) The authority may issue

refunding bonds to refund outstanding bonds issued under this

subchapter and interest on those bonds.

(b) Refunding bonds may:

(1) be issued to refund bonds of more than series;

(2) combine the pledges for the outstanding bonds for the

security of the refunding bonds; or

(3) be secured by a pledge of other or additional revenue or

mortgage liens.

(c) The provisions of this subchapter regarding the issuance of

other bonds, their security, and the remedies of the holders

apply to refunding bonds, except that an election is not required

for refunding bonds.

(d) The comptroller shall register the refunding bonds on

surrender and cancellation of the bonds to be refunded.

(e) Instead of issuing bonds to be registered on the surrender

and cancellation of the bonds to be refunded, the authority, in

the resolution authorizing the issuance of the refunding bonds,

may provide for the sale of the refunding bonds and the deposit

of the proceeds in a bank at which the bonds to be refunded are

payable. In that case, the refunding bonds may be issued in an

amount sufficient to pay the principal of and interest on the

bonds to be refunded to their option date or maturity date, and

the comptroller shall register the refunding bonds without the

surrender and cancellation of the bonds to be refunded.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.253. FORM OF BONDS. (a) An authority bond must:

(1) be issued in the name of the authority;

(2) be signed by the president;

(3) be attested to by the secretary; and

(4) have the authority seal impressed on it or a facsimile seal

printed on it.

(b) At the option of the board, a bond may be signed in

accordance with Chapter 618, Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.254. MATURITY. Bonds issued under this subchapter

must mature within 40 years.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.255. TRUST INDENTURE. The trust indenture may contain

provisions prescribed by the board that:

(1) provide for the security of the bonds and the operation and

preservation of the trust estate;

(2) provide for amendment or modification of the trust

indenture;

(3) provide for the issuance of bonds to replace lost or

mutilated bonds; and

(4) condition the right to spend authority money or sell

authority property on the approval of a licensed engineer

selected as provided by the trust indenture.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES.

The authority may not issue bonds payable wholly or partly from

ad valorem taxes unless the voters of the authority authorize

that issuance at an election held for that purpose in the manner

prescribed by Section 49.106, Water Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.257. BOND SECURITY; REVENUE; TAXES; ADDITIONAL BONDS.

(a) In this section, "net revenue" means the gross revenue of

the authority after deducting the amount necessary to pay the

cost of maintaining and operating the authority, including its

properties.

(b) Bonds issued under this subchapter may be secured by:

(1) a pledge of all or part of the net revenue of the authority,

including the net revenue of a past or future contract; or

(2) other revenue and income specified by resolution of the

board or the trust indenture.

(c) If bonds are issued payable wholly or partly from taxes, the

board shall impose taxes on all taxable property in the authority

without limit as to rate or amount while those bonds are

outstanding. The board shall impose the taxes in amounts:

(1) sufficient to pay the principal of and interest on the bonds

annually as they mature; or

(2) required to supplement the net revenue pledged to the bonds'

payment so that the principal of and interest on the bonds are

paid when due.

(d) A bond security pledge under this section may reserve to the

authority the right, under conditions specified by the pledge, to

issue additional bonds that will be on a parity with or

subordinate to the bonds then being issued.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.258. ADDITIONAL SECURITY. (a) Bonds, including

refunding bonds, payable partly or wholly from a pledge of

revenue authorized by this subchapter may be additionally secured

by a mortgage lien on physical properties of the authority and

all franchises, easements, water rights and appropriation

permits, leases, contracts, and all rights appurtenant to those

properties, vesting in the trustee under the trust indenture the

power to:

(1) sell the properties for payment of the debt;

(2) operate the properties; and

(3) take any other action to secure the bonds.

(b) A purchaser under a sale under the deed of trust:

(1) is the absolute owner of the properties and facilities

purchased; and

(2) is entitled to maintain and operate those properties and

facilities.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.259. CHARGES FOR AUTHORITY SERVICES. The board shall

set the rates of compensation for services rendered by the

authority so that the authority has enough money to pay the

expenses of operating and maintaining the facilities of the

authority, to pay bonds as they mature and the interest as it

accrues, and to maintain the reserve and other funds as provided

in the resolution authorizing the bonds or in the trust

indenture.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.260. USE OF BOND PROCEEDS. (a) The authority may set

aside and use proceeds from bond sales for:

(1) the payment of interest expected to accrue during

construction and the first year after construction; and

(2) a reserve interest and sinking fund.

(b) The authority may provide in the resolution authorizing the

bonds or in the trust indenture for setting aside and using the

proceeds as described by Subsection (a).

(c) The authority may use proceeds from the sale of bonds to pay

an expense incurred in accomplishing the purposes of the

authority.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.261. APPOINTMENT OF RECEIVER. (a) On default or

threatened default in the payment of the principal of or interest

on bonds issued under this subchapter that are payable wholly or

partly from revenue, a court may, on petition of the holders of

outstanding bonds, appoint a receiver for the authority.

(b) The receiver, without consent of or hindrance by the board,

may:

(1) collect and receive all authority income;

(2) employ and discharge authority agents and employees;

(3) take charge of money on hand; and

(4) manage the affairs of the authority.

(c) The receiver may be authorized to sell or contract for the

sale of services of the authority's facilities or to renew those

contracts with the approval of the appointing court.

(d) The court may vest the receiver with any other power or duty

the court finds necessary to protect the bondholders.

(e) The resolution that authorizes the issuance of the bonds or

the trust indenture securing their payment may:

(1) specify the minimum percentage of outstanding bonds that

must be held by the bondholders seeking the appointment of a

receiver; or

(2) otherwise qualify the right of bondholders to institute

litigation that might affect the authority's property, including

money.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.262. BONDS SECURED BY CONTRACT PROCEEDS; APPROVAL.

(a) If bonds issued under this subchapter state that they are

secured by a pledge of the proceeds of a contract previously made

between the authority and a municipality or other governmental

agency, including a district, a copy of that contract and the

proceedings of the entity authorizing the contract must be

submitted to the attorney general along with the bonds.

(b) If the attorney general finds that the bonds have been

authorized and the contract has been made in accordance with law,

the attorney general shall approve the bonds and contract.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.263. BONDS EXEMPT FROM TAXATION. A bond issued under

this subchapter, the transfer of the bond, and income from the

bond, including profits made on the sale of the bond, are exempt

from taxation in this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.264. PROPERTY EXEMPT FROM TAXATION AND ASSESSMENT.

Property of the authority is exempt from taxation and assessment.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.