CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8154.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Blue Ridge West Municipal Utility

District.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.002. NATURE OF DISTRICT. The district is a municipal

utility district and a conservation and reclamation district in

Fort Bend County created under Section 59, Article XVI, Texas

Constitution.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the boundaries of

the district will benefit from the works and projects

accomplished by the district under the powers conferred by

Section 59, Article XVI, Texas Constitution.

(c) The creation of the district is essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

(d) The accomplishment of the purposes stated in this chapter is

for the benefit of the people of this state and for the

improvement of their property and industries. The district, in

carrying out the purposes of this chapter, will be performing an

essential public function under the constitution.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.004. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2, Chapter 633,

Acts of the 60th Legislature, Regular Session, 1967 (Article

8280-379, Vernon's Texas Civil Statutes), as that territory may

have been modified under:

(1) Subchapter H, Chapter 54, Water Code;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law.

(b) The boundaries and field notes of the district form a

closure. A mistake in the field notes or in copying the field

notes in the legislative process does not affect:

(1) the district's organization, existence, and validity;

(2) the district's right to issue any type of bond for a purpose

for which the district is created or to pay the principal of and

interest on the bond;

(3) the district's right to impose a tax; or

(4) the legality or operation of the district or its governing

body.

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

920, Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8154.051. COMPOSITION OF BOARD. The board consists of five

directors.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.052. QUALIFICATIONS FOR OFFICE. (a) A person must

reside in this state to be elected or appointed as a director of

the board.

(b) A director is not required to reside in the district.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.053. DIRECTOR'S BOND. (a) Each director shall

execute a bond in the amount of $5,000 for the faithful

performance of the director's duties.

(b) The bond must be:

(1) approved by:

(A) the board; and

(B) the county judge or the commissioners court of the county in

which the district is located;

(2) filed for record in the office of the county clerk of the

county in which the district is located;

(3) filed for safekeeping in the district's depository; and

(4) recorded in a record kept for that purpose in the district

office.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.054. ABSENCE OF PRESIDENT OR SECRETARY FROM BOARD

MEETING; DUTY OF SECRETARY. (a) If the board president is

absent from a board meeting at which an order is adopted or other

action is taken:

(1) the board vice president may sign the order or action; or

(2) the board may authorize the president to sign the order or

action.

(b) The board secretary shall sign the minutes of each board

meeting.

(c) If the board secretary is absent from a board meeting, the

board:

(1) shall name a secretary pro tem for the meeting who:

(A) may exercise all powers and duties of the secretary for the

meeting;

(B) shall sign the minutes of the meeting; and

(C) may attest all orders passed or other action taken at the

meeting; or

(2) may authorize the secretary to attest all orders passed or

other action taken at the meeting.

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

920, Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8154.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

The district has all of the rights, powers, privileges, and

duties provided by general law applicable to a municipal utility

district created under Section 59, Article XVI, Texas

Constitution, including those conferred by Chapters 49 and 54,

Water Code.

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

920, Sec. 1.10, eff. April 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 21.068, eff. September 1, 2009.

Sec. 8154.102. ADDITIONAL POWERS. (a) The district may:

(1) purchase, construct, or otherwise acquire a waterworks

system, sanitary sewer system, or storm sewer system and drainage

facility, or any part of those systems or facilities;

(2) make any necessary purchase, construction, improvement,

extension, or addition to a system or facility described by

Subdivision (1);

(3) purchase or acquire, operate, and maintain any land,

right-of-way, easement, site, equipment, building, plant,

structure, or facility necessary to a system or facility

described by Subdivision (1); and

(4) sell water and other services.

(b) The district may exercise any of the rights or powers

granted by this chapter inside or outside the district's

boundaries.

(c) The district may exercise any of its rights or powers to

provide water or sewerage services to an area inside or outside

the district's boundaries.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.103. HEARINGS FOR EXCLUSION OF TERRITORY. (a) The

board is not required to call or hold a hearing on the exclusion

of land or other property from the district.

(b) The board on its own motion may call and hold one or more

hearings on the exclusion of land or other property from the

district in the manner provided by general law.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.104. EMINENT DOMAIN. The district may exercise the

power of eminent domain only in a county in which the district is

located.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.105. COST OF RELOCATING OR ALTERING PROPERTY. (a) In

this section, "sole expense" means the actual cost of relocating,

raising, lowering, rerouting, or changing the grade of, or

altering the construction of a facility described by Subsection

(b) in providing a comparable replacement without enhancing the

facility, after deducting from that cost the net salvage value

derived from the old facility.

(b) If the district, in the exercise of the power of eminent

domain, the power of relocation, or any other power granted under

this chapter, makes necessary the relocation, raising, rerouting,

changing the grade of, or altering the construction of a highway,

a railroad, an electric transmission line, a pipeline, or a

telegraph or telephone property or facility, the necessary

relocation, raising, rerouting, changing the grade of, or

alteration of construction shall be accomplished at the sole

expense of the district.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.106. NOTICE OF ELECTION. The board president or

secretary may give notice of an election.

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

920, Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8154.151. TAX METHOD. (a) The district shall use the ad

valorem plan of taxation.

(b) The board is not required to hold a hearing on the adoption

of a plan of taxation.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.152. DEPOSITORY. (a) The board shall select one or

more banks or trust companies in this state to act as a

depository of bond proceeds or of revenue derived from the

operation of district facilities.

(b) The depository shall, as determined by the board:

(1) furnish indemnity bonds;

(2) pledge securities; or

(3) meet any other requirement.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.153. PROCEDURE FOR PAYMENT. An officer or employee of

the district, as designated by a standing order entered in the

board's minutes, may draw and sign a warrant to pay a current

expense, salary, or account of the district if the account has

been contracted and ordered paid by the board.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.154. PROJECTS AND PURCHASES EXEMPT FROM ASSESSMENT OR

TAXATION. The district is not required to pay a tax or

assessment on:

(1) a district project or any part of the project; or

(2) a district purchase.

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

920, Sec. 1.10, eff. April 1, 2009.

SUBCHAPTER E. BONDS

Sec. 8154.201. AUTHORITY TO ISSUE BONDS. The district may vote

and issue bonds of any kind, including refunding bonds, for

contiguous or noncontiguous areas for any district purpose.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The

district may exchange bonds, including refunding bonds:

(1) for property acquired by purchase; or

(2) in payment of the contract price of work done or materials

or services furnished for the use and benefit of the district.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.203. BOND ELECTION. (a) On the failure of a bond

election:

(1) a general law that provides for calling a hearing on the

dissolution of the district after a district bond election fails

does not apply to the district; and

(2) the board may call a subsequent bond election after the

expiration of six months after the date of the election.

(b) The outcome of a bond election does not affect the

district's existence, function, or operation.

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

920, Sec. 1.10, eff. April 1, 2009.

Sec. 8154.204. BONDS EXEMPT FROM TAXATION. A bond issued under

this subchapter, the transfer of the bond, and income from the

bond, including profits made on the sale of the bond, are exempt

from taxation in this state.

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

920, Sec. 1.10, eff. April 1, 2009.