CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7

For contingent expiration of this chapter, see Section 8190.004.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8190.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Denton County Municipal Utility

District No. 7.

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

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

Sec. 8190.002. 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.

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

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

Sec. 8190.003. FINDING OF PUBLIC USE AND BENEFIT. The district

is created to serve a public use and benefit.

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

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

Sec. 8190.004. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8190.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the

district shall:

(A) pay any debts incurred;

(B) transfer to Denton County any assets that remain after the

payment of debts; and

(C) maintain the organization of the district until all debts

are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

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

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

Sec. 8190.005. 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; or

(3) the legality or operation of the board.

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

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8190.025.

Sec. 8190.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2007, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality to

appoint as temporary directors the five persons named in the

petition.

(b) The commission shall appoint as temporary directors the five

persons named in the first petition received by the commission

under Subsection (a).

(c) If a temporary director fails to qualify for office or if a

vacancy occurs in the office of temporary director, the vacancy

shall be filled as provided by Section 49.105, Water Code.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8190.023; or

(2) the date this chapter expires under Section 8190.004.

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

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

Sec. 8190.022. 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 convene the organizational meeting of the

district at a location in the district agreeable to a majority of

the directors. If a location cannot be agreed upon, the

organizational meeting shall be at the Denton County Courthouse.

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

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

Sec. 8190.023. 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8190.024. INITIAL ELECTED DIRECTORS; TERMS.The directors

elected under Section 8190.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors and which three shall serve until the second regularly

scheduled election of directors.

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

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

Sec. 8190.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8190.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8190.101. 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 2007, 80th Leg., R.S., Ch.

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

Sec. 8190.102. ROAD PROJECTS. (a) The district may construct,

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

paved roads, or improvements in aid of those roads.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulations

of each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located. If the

district is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, a road project

must meet all applicable construction standards, zoning and

subdivision requirements, and regulations 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 resolution. If

the district is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the district may

not undertake a road project unless each county in which the

district is located consents by resolution.

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

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

Sec. 8190.103. ROAD CONTRACTS. The district may contract for a

road project in the manner provided by Subchapter I, Chapter 49,

Water Code.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8190.151. OPERATION AND MAINTENANCE TAX. The district may

impose a tax for any district operation and maintenance purpose

in the manner provided by Section 49.107, Water Code.

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

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

Sec. 8190.152. TAX TO REPAY BONDS. The district may impose a

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

Section 8190.201.

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

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

Sec. 8190.153. 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 2007, 80th Leg., R.S., Ch.

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

SUBCHAPTER E. BONDS

Sec. 8190.201. 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, and to finance the

construction, maintenance, or operation of projects under Section

8190.102.

(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.

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

secured wholly or partly by ad valorem taxation to finance

projects authorized by Section 8190.102 unless the issuance is

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

voting at an election called for that purpose.

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

projects authorized by Section 8190.102 may not exceed one-fourth

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

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

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