CHAPTER 8136. ROCKWALL COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 6, 7, 8, and 9 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8136. ROCKWALL COUNTY MUNICIPAL UTILITY DISTRICTS

NOS. 6, 7, 8, and 9

For contingent expiration of this chapter, see Sec. 8136.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8136.001. DEFINITIONS. In this chapter:

(1) "Board" or "boards" means, as appropriate, the board of

directors of one or all of the districts.

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

(3) "District" or "districts" means, as appropriate, one or all

of the Rockwall County Municipal Utility Districts Nos. 6, 7, 8,

and 9.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.002. NATURE OF DISTRICT. Each district is a municipal

utility district in Rockwall 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.

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.003. CONFIRMATION ELECTION REQUIRED. If the creation

of a district is not confirmed at a confirmation election held

under Section 8136.023 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 Rockwall County; and

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

all debts are paid and remaining assets are transferred; and

(2) the provisions of this chapter relating to that district

expire September 1, 2010.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.004. INITIAL DISTRICT TERRITORY. (a) Each district

is initially composed of the territory described by Section 2 of

the Act creating this chapter.

(b) The boundaries and field notes of each district, as

described 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 district or the board.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.005. APPLICABILITY OF OTHER LAW. Except as otherwise

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

to the districts.

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

455, Sec. 1, eff. June 17, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8136.025

Sec. 8136.021. TEMPORARY DIRECTORS. (a) The temporary board of

each district consists of the following persons:

(1) Rockwall County Municipal Utility District No. 6:

(A) Sherry Kent Skinner;

(B) Chris Smith;

(C) Jill Thrasher;

(D) Kevin B. Tucker; and

(E) Berry Watts;

(2) Rockwall County Municipal Utility District No. 7:

(A) Larry Christensen;

(B) Martha Ann Cook;

(C) Terry Jones;

(D) Sandy Sinks; and

(E) Michael W. Skinner;

(3) Rockwall County Municipal Utility District No. 8:

(A) David M. Cook, Sr.;

(B) Lisa Gheen;

(C) Linda Nelson;

(D) Charles Sinks II (Chuck); and

(E) Karen D. Wilson; and

(4) Rockwall County Municipal Utility District No. 9:

(A) Nicholas Helge;

(B) Thaddeus James Parker (Thad);

(C) Jennifer Lynne Clark;

(D) Michael Joseph McCrea, Jr. (Mike); and

(E) Andrea Brandon Roland.

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

remaining temporary directors of that district shall appoint a

person to fill the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8136.023; or

(2) the date the provisions of this chapter relating to that

district expire under Section 8136.003.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors of a

district have qualified under Section 49.055, Water Code, the

temporary directors of that district shall meet at a location in

the district agreeable to a majority of the directors of that

district. If a location cannot be agreed upon, the meeting shall

be at the Rockwall 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.

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The temporary directors of each district 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.

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

of each district elected under Section 8136.023 shall draw lots

to determine which two shall serve until the first regularly

scheduled election of directors under Section 8136.052 and which

three shall serve until the second regularly scheduled election

of directors.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

455, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8136.051. DIRECTORS; TERMS. (a) Each district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.052. ELECTION OF DIRECTORS. On the uniform election

date in May of each even-numbered year, the appropriate number of

directors of each district shall be elected.

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

455, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8136.101. GENERAL POWERS. Each 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.

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.102. ROAD PROJECTS. (a) To the extent authorized by

Section 52, Article III, Texas Constitution, each district may

construct, maintain, or operate paved roads or works, facilities,

or improvements in aid of those roads, inside the district.

(b) A road project must meet or exceed all applicable

construction standards, zoning and subdivision requirements, and

regulatory ordinances of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

If the district is located outside the extraterritorial

jurisdiction of a municipality, a road project must meet all

applicable construction standards, zoning and subdivision

requirements, and regulatory ordinances of each county in which

the district is located.

(c) The district may not undertake a road project unless each

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located consents by ordinance or

resolution. If the district is located outside the

extraterritorial jurisdiction of a municipality, the district may

not undertake a road project unless each county in which the

district is located consents by ordinance or resolution.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.103. ADDING LAND BY PETITION OF LANDOWNER. Each

district may only add land to the district in the manner provided

by Section 49.301, Water Code, if a landowner petitions for the

addition of land that is:

(1) adjacent to the boundaries of the district; or

(2) separated from the district by public land or right-of-way.

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

455, Sec. 1, eff. June 17, 2005.

Sec. 8136.104. EMINENT DOMAIN. (a) Each district may exercise

the power of eminent domain within the boundaries of the district

for all public purposes.

(b) Each district may exercise the power of eminent domain

outside the boundaries of the district only for the purpose of

constructing, acquiring, operating, repairing, or maintaining

water supply lines or sanitary sewer lines.

(c) Each district shall exercise the power of eminent domain in

the same manner as required for a county.

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

455, Sec. 1, eff. June 17, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8136.151. TAX TO REPAY BONDS. Each district may impose a

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

finance projects under Section 8136.102.

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

455, Sec. 1, eff. June 17, 2005.

SUBCHAPTER E. BONDS

Sec. 8136.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) Each 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 8136.101 and 8136.102.

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

authorized by Section 8136.102 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 8136.102 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 a district under Section 8136.102 or to

bonds issued by the district to finance the project.

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

455, Sec. 1, eff. June 17, 2005.