CHAPTER 8110. VERANDAH MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8110. VERANDAH MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8110.001. 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 Verandah Municipal Utility District of

Hunt County.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.002. NATURE OF DISTRICT. (a) The district is a

municipal utility district with road powers.

(b) The district is essential to accomplish the purposes of

Section 52, Article III, and Section 59, Article XVI, Texas

Constitution, and will serve a public use and benefit.

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

547, Sec. 2, eff. June 17, 2005.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8110.051. 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 2005, 79th Leg., Ch.

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.052. ROAD PROJECTS. The district may construct,

acquire, improve, maintain, or operate macadamized, graveled, or

paved roads or turnpikes, or improvements in aid of those roads

or turnpikes, inside or outside the district.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.053. ROAD CONTRACTS. The district may contract for a

road project in the same manner as provided by Subchapter I,

Chapter 49, Water Code.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.054. CERTIFICATE OF CONVENIENCE AND NECESSITY. (a)

The district may pay out of bond proceeds or other available

district money all expenses, including legal, engineering, and

other fees, related to obtaining a new certificate of convenience

and necessity under Chapter 13, Water Code, authorizing the

district to provide retail water or sewer service inside or

outside the district.

(b) The district may pay out of bond proceeds or other available

district money all expenses, including the purchase price,

related to acquiring certificate of convenience and necessity

rights from another retail public utility to allow the district

to provide retail water or sewer service in the district.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.055. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR

SEWER SERVICES. (a) The district may enter into a contract to

allow a political subdivision to provide retail water or sewer

service in the district. The contract may contain terms the

board considers desirable, fair, and advantageous to the

district.

(b) The contract may provide that the district will construct or

acquire and convey to the political subdivision a water supply or

treatment system, a water distribution system, or a sanitary

sewage collection or treatment system, as necessary to provide

water or sewer service in the district.

(c) The district may use bond proceeds or other available

district money to pay for its obligations and for services and

facilities provided under the contract.

(d) If the contract requires the district to make payments from

taxes other than operation and maintenance taxes, the contract is

subject to Section 49.108, Water Code.

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

547, Sec. 2, eff. June 17, 2005.

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS

Sec. 8110.101. OPERATION AND MAINTENANCE TAX. (a) The district

may impose a tax for any district operation and maintenance

purpose in the manner provided by Section 49.107, Water Code.

(b) Section 49.107(f), Water Code, does not apply to

reimbursements for projects constructed or acquired under Section

8110.052.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.102. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of and interest on bonds issued under

Section 8110.151.

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

547, Sec. 2, eff. June 17, 2005.

Sec. 8110.103. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company as defined

by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or 121.001,

Utilities Code;

(3) a telecommunications provider as defined by Section 51.002,

Utilities Code;

(4) a cable operator, as defined by 47 U.S.C. Section 522; or

(5) a person who provides to the public advanced

telecommunications services.

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

547, Sec. 2, eff. June 17, 2005.

SUBCHAPTER D. BONDS

Sec. 8110.151. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) In addition to the general authority to issue bonds under

Chapters 49 and 54, Water Code, 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

projects under Section 8110.052.

(b) 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.

(c) The district may not issue bonds or other obligations

secured wholly or partly by ad valorem taxation to finance

projects authorized by Section 8110.052 unless the issuance is

approved by a vote of a two-thirds majority of the voters of the

district voting at an election called for that purpose.

(d) Bonds or other obligations issued or incurred to finance

projects authorized by Section 8110.052 may not exceed one-fourth

of the assessed value of the real property in the district.

(e) Sections 49.181 and 49.182, Water Code, do not apply to a

project undertaken by the district under Section 8110.052 or to

bonds issued by the district to finance the project.

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

547, Sec. 2, eff. June 17, 2005.