CHAPTER 8126. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8126. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 6

For contingent expiration of this chapter, see Sec. 8126.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8126.001. 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 Denton County Municipal Utility

District No. 6.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.002. NATURE OF DISTRICT. The district is a municipal

utility district in Denton County created under and essential to

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

59, Article XVI, Texas Constitution. The district is created to

serve a public use and benefit.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8126.023 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 Denton 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.004. 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.005. APPLICABILITY OF OTHER LAW. Except as otherwise

provided by this chapter, Chapters 49, 53, and 54, Water Code,

apply to the district.

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

774, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8126.025

Sec. 8126.021. 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 8126.023; or

(2) the date this chapter expires under Section 8126.003.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.022. 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 Denton 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.023. 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8126.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8126.052 and which three shall serve

until the second regularly scheduled election of directors.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

774, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8126.051. 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.052. 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.

774, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8126.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER SUPPLY

DISTRICT POWERS AND DUTIES. (a) Except as provided by

Subsections (b) and (c), the district has the powers and duties

provided by the general law of this state, including Chapters 49,

53, and 54, Water Code, applicable to municipal utility districts

and fresh water supply districts created under Section 52,

Article III, and Section 59, Article XVI, Texas Constitution.

(b) Sections 53.029(b), 53.030-53.034, and 53.040-53.043, Water

Code, do not apply to the district.

(c) If a provision of Chapter 53, Water Code, is in conflict or

inconsistent with this chapter or Chapter 54, Water Code, this

chapter and Chapter 54, Water Code, prevail.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.102. ROAD PROJECTS. (a) 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.

(b) A project authorized by this section must meet only the

construction standards adopted by the North Central Texas Council

of Governments, or its successor agency.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.103. 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.104. 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.105. 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 or lease 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.106. 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 Aubrey, 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.

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.107. 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

through 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 contain any land outside the area described by Section 2,

Chapter 774, Acts of the 79th Legislature, Regular Session, 2005.

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

1239, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8126.151. 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

8126.102.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.152. TAX TO REPAY BONDS. The district may impose a

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

Section 8126.201.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.153. TAX FOR CONTRACTUAL OBLIGATIONS. The district

may impose a tax to pay for the district's contractual

obligations under Section 8126.103.

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

774, Sec. 1, eff. September 1, 2005.

Sec. 8126.154. 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.

774, Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8126.201. 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 8126.101 and 8126.102.

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

Section 8126.102 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 8126.102 may not exceed one-fourth

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

(d) Sections 49.181, 49.182, and 50.107, Water Code, do not

apply to a project undertaken by the district under Section

8126.102 or to bonds issued by the district to finance the

project.

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

774, Sec. 1, eff. September 1, 2005.