CHAPTER 8109. CLL MUNICIPAL UTILITY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8109. CLL MUNICIPAL UTILITY DISTRICT NO. 1

For contingent expiration of this chapter, see Sec. 8109.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8109.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a member of the board.

(3) "District" means the CLL Municipal Utility District No. 1.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.002. NATURE OF DISTRICT. The district is a municipal

utility district in Bell and Williamson Counties created under

and essential to accomplish the purposes of Section 59, Article

XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8109.023 before September 1, 2011:

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

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Bell and Williamson Counties in proportion to the

contribution of money made; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.004. 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; or

(3) the legality or operation of the board.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.005. APPLICABILITY OF OTHER LAW. Except as otherwise

provided by this chapter, Chapters 30, 49, and 54, Water Code,

apply to the district.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8109.025

Sec. 8109.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Bobby Steiner;

(2) S. Tim Casey;

(3) Raymond James Chatelain;

(4) Glenn Russell Chiappe; and

(5) William M. Coltharp.

(b) A temporary director is not required to own land in or

reside in the district.

(c) If a temporary director fails to qualify for office, the

temporary directors who have qualified shall appoint a person to

fill the vacancy. If at any time there are fewer than three

qualified temporary directors, the Texas Commission on

Environmental Quality shall appoint the necessary number of

persons to fill all vacancies on the board.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8109.023; or

(2) the date this chapter expires under Section 8109.003.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, a majority of 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 Williamson County

Courthouse.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) 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. If the creation of the

district is not confirmed at the initial election, the temporary

directors may hold a second election not sooner than the first

anniversary of the initial election.

(b) At the confirmation and initial directors' election the

board may submit to the voters a proposition to authorize:

(1) an issuance of bonds;

(2) a maintenance tax; or

(3) a tax to fund payments required under a contract.

(c) Section 41.001(a), Election Code, does not apply to a

confirmation and initial directors' election held under this

section.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8109.023 shall draw lots to determine which

two shall serve terms expiring June 1 following the first

regularly scheduled election of directors under Section 8109.052

and which three shall serve until June 1 following the second

regularly scheduled election of directors.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8109.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms that expire June 1

of even-numbered years.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.052. 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 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS

Sec. 8109.101. DIVISION OF DISTRICT; PREREQUISITES. (a) At any

time before the district issues indebtedness secured by taxes or

net revenues, the district, including any annexed territory, may

be divided into an original district and one or more new

districts. The board shall determine which portion of the

divided area constitutes the original district.

(b) A district created by division of the original district

under Subsection (a) may further subdivide as determined by the

board of that district.

(c) After a division under Subsection (a) or (b), the original

district and any new district created must be at least 85 acres.

(d) The board by resolution may declare an intent to divide the

district. The resolution must:

(1) set the terms of the division, including a plan for the

payment or performance of any outstanding district obligations;

and

(2) contain a metes and bounds description for each district,

including the modified original district.

(e) Section 42.042, Local Government Code, and Section 54.016,

Water Code, do not apply to the creation of a new district by

division under this subchapter.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.102. DISTRICT DIVISION BY ELECTION. (a) Except as

provided by Section 8109.103, the board shall hold an election in

the district to determine whether the district should be divided

as proposed under Section 8109.101(d).

(b) The board shall give notice of the election not later than

the 20th day before the date of the election. The notice must

state:

(1) the date and location of the election; and

(2) the proposition to be voted on.

(c) If a majority of the votes are cast in favor of the

division, the district is divided.

(d) If less than a majority of the votes are cast in favor of

the division, the district may not be divided.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.103. DISTRICT DIVISION BY CONSENT. (a) The board may

approve and order the division of the district without an

election if the board has received written consent to the

proposed division from all title holders of the land in the

district as indicated by the tax rolls of the central appraisal

district of each county in which the district is located.

(b) If the board orders the division without an election, the

district is divided as of the date of the order.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.104. NOTICE OF DIVISION. Not later than the 30th day

after the date of a division under this subchapter, the district

shall provide written notice of the plan for division to:

(1) the Texas Commission on Environmental Quality;

(2) the attorney general;

(3) the commissioners court of each county in which a new

district is located; and

(4) any municipality having extraterritorial jurisdiction over

territory in each new district.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.105. DISTRICT NAMES FOLLOWING DIVISION. The area

designated by the board as the original district retains the name

of the original district. The resulting new districts are

assigned consecutive letters to be appended to the name of the

original district.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.106. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)

After a division under this subchapter, the board shall continue

to act as the board of the original district.

(b) Not later than the 90th day after the date of the division,

the board shall appoint five directors for each of the new

districts. A person appointed under this subsection is not

required to own land in or reside in the district for which the

person is appointed.

(c) Directors of the original district serve the staggered terms

to which they were elected before the division. Directors

appointed under Subsection (b) serve until June 1 following the

election for directors under Subsection (d).

(d) On the uniform election date in May of the first

even-numbered year after the year in which the directors are

appointed, an election shall be held to elect five directors in

each district for which directors were appointed under Subsection

(b). Of the five directors elected in each district, the three

directors receiving the greatest number of votes shall serve

terms expiring June 1 following the second regularly scheduled

election of directors under Subsection (e), and the remaining two

directors shall serve terms expiring June 1 following the first

regularly scheduled election of directors.

(e) Except as provided by Subsection (d), directors serve

staggered four-year terms. On the uniform election date in May

of each even-numbered year, the appropriate number of directors

shall be elected.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.107. CONTINUING POWERS AND OBLIGATIONS OF NEW

DISTRICTS. (a) Each new district may incur and pay debts and

has all powers of the original district created by this chapter.

(b) If the district is divided as provided by this subchapter,

the current obligations and any bond authorizations of the

district are not impaired. Debts shall be paid by revenues or by

taxes or assessments imposed on real property in the district as

if the district had not been divided or by contributions from

each new district as stated in the terms set by the board in the

plan for division.

(c) Any other district obligation shall be divided pro rata

among the new districts and the original district on an acreage

basis or on other terms that are satisfactory to the new

districts.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.

Sec. 8109.108. CONTRACT AUTHORITY OF NEW DISTRICTS. The new

districts may contract with each other and with the original

district for:

(1) water and wastewater services; or

(2) any other matter the boards of the new districts consider

appropriate.

Added by Acts 2005, 79th Leg., Ch.

566, Sec. 1, eff. September 1, 2005.