CHAPTER 8122. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 177 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8122. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT

NO. 177

For contingent expiration of this chapter, see Sec. 8122.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8122.001. 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 Fort Bend County Municipal Utility

District No. 177.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.002. NATURE OF DISTRICT. The district is a municipal

utility district in Fort Bend County created under and essential

to accomplish the purposes of Section 52, Article III, and

Section 59, Article XVI, Texas Constitution.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8122.023 before September 1, 2007:

(1) the district is dissolved September 1, 2007, except that:

(A) any debts incurred shall be paid;

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

transferred to Fort Bend County; 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, 2010.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.004. 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

indebtedness; or

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

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.005. APPLICABILITY OF OTHER LAW. Except as otherwise

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

to the district.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8122.025

Sec. 8122.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2005, a person who owns land inside the boundaries of the

district may petition the Texas Commission on Environmental

Quality to appoint as temporary directors the five persons listed

in the petition.

(b) The commission shall appoint as temporary directors the

persons listed in a petition received by the commission under

Subsection (a). If the commission receives more than one

petition, the commission shall appoint the directors listed in

the first petition the commission receives.

(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 8122.023; or

(2) the date this chapter expires under Section 8122.003.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.022. 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. If a location cannot be agreed upon,

the meeting shall be at the Fort Bend County Courthouse. At the

meeting, the temporary directors shall elect officers from among

the temporary directors and conduct any other district business.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.023. 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 2005, 79th Leg., Ch.

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8122.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8122.052 and which three shall serve

until the second regularly scheduled election of directors.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8122.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.052. 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.

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8122.101. GENERAL POWERS. The district has all of the

rights, powers, privileges, authority, functions, 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.

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.102. 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.

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all applicable requirements

of any ordinance or resolution adopted by the city council of the

City of Rosenberg, including an ordinance or resolution adopted

before September 1, 2005, that consents to the creation of the

district or to the inclusion of lands within the district.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8122.151. TAX TO REPAY BONDS. The district may impose a

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

Section 8122.201.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

Sec. 8122.152. 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; or

(4) a person who provides to the public cable television or

advanced telecommunications services.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8122.201. 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, to finance the

construction, maintenance, or operation of projects under

Sections 8122.101 and 8122.102.

(b) The district may not issue bonds to finance projects

authorized by Section 8122.102 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.

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

projects authorized by Section 8122.102 may not exceed one-fourth

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

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

project undertaken by the district under Section 8122.102 or to

bonds issued by the district to finance the project.

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

430, Sec. 1, eff. September 1, 2005.

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

1166, Sec. 1, eff. September 1, 2005.