CHAPTER 8221. 3 B&J MUNICIPAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8221. 3 B&J MUNICIPAL UTILITY DISTRICT

For contingent expiration of this chapter, see Section 8221.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8221.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the 3 B&J Municipal Utility District.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.002. NATURE OF DISTRICT. The district is a municipal

utility district created under and essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.003. CONFIRMATION ELECTION REQUIRED. (a) The board

shall hold an election to confirm the creation of the district as

provided by Section 49.102, Water Code.

(b) If the creation of the district is not confirmed at a

confirmation election 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 Williamson 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.

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land

and other property in the district will benefit from the

improvements and services to be provided by the district.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.005. 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 the district's:

(1) organization, existence, or validity;

(2) 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) right to impose an assessment or tax; or

(4) legality or operation.

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

1131, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8221.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

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

1131, Sec. 1, eff. June 15, 2007.

For expiration of this section, see Subsection (c).

Sec. 8221.052. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Duane McGlauflin;

(2) Bryan Teich;

(3) Joe Owen;

(4) Harold Schneider; and

(5) Kerry Wiggins.

(b) Unless the initial board agrees otherwise, the initial

directors 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.

(c) This section expires September 1, 2014.

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

1131, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8221.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes for which

the district is created.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.102. 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.

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. The

district has the powers and duties applicable to a district under

Chapter 30, Water Code.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION.

The district shall comply with all applicable requirements of any

resolution, adopted by the governing body of a municipality under

Section 54.016, Water Code, that consents to the creation of the

district or to the inclusion of land in the district.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.105. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.

The district must obtain the approval of the Brazos River

Authority for the design of any district wastewater treatment

facility.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.106. WASTEWATER SERVICE PROVIDERS. Only the Brazos

River Authority or a provider approved by the Brazos River

Authority may provide wastewater service in the district.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. The

district shall comply with the terms of the "Agreement Regarding

Sewer Services Areas and Customers" among the Lower Colorado

River Authority, the Brazos River Authority, the City of

Georgetown, the City of Liberty Hill, and the Chisholm Trail

Special Utility District dated February 1, 2005.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.108. STREET REPAIR AND MAINTENANCE. (a) After July

1, 2017, the district, at the district's expense, shall repair

and maintain any streets in the district.

(b) A district's repair and maintenance of streets under this

section must meet all applicable construction standards and

regulations of the City of Georgetown and Williamson County.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.109. AUTHORITY FOR ROAD PROJECTS. Under Section 52,

Article III, Texas Constitution, the district may design,

acquire, construct, finance, issue bonds for, improve, operate,

maintain, and convey to this state, a county, or a municipality

for operation and maintenance macadamized, graveled, or paved

roads, or improvements, including storm drainage, in aid of those

roads.

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

1086, Sec. 1, eff. June 19, 2009.

Sec. 8221.110. ROAD STANDARDS AND REQUIREMENTS. (a) 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 road project is located.

(b) If a road project is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the road project

must meet all applicable construction standards, subdivision

requirements, and regulations of each county in which the road

project is located.

(c) If the state will maintain and operate the road, the Texas

Transportation Commission must approve the plans and

specifications of the road project.

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

1086, Sec. 1, eff. June 19, 2009.

Sec. 8221.111. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district to acquire a site or easement for a road project

authorized by Section 8221.109.

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

1086, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8221.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by revenue or contract payments from a source

other than ad valorem taxation.

(b) The district must hold an election in the manner provided by

Chapters 49 and 54, Water Code, to obtain voter approval before

the district may impose an ad valorem tax or issue bonds payable

from ad valorem taxes.

(c) An ad valorem tax rate imposed by the district may not

exceed the rate approved at the election.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8221.151, the

district may impose an operation and maintenance tax on taxable

property in the district as provided by Section 49.107, Water

Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

1131, Sec. 1, eff. June 15, 2007.

Amended by:

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

87, Sec. 21.080, eff. September 1, 2009.

SUBCHAPTER E. BONDS

Sec. 8221.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The district may issue bonds or other obligations payable wholly

or partly from ad valorem taxes, impact fees, revenue, grants, or

other district money, or any combination of those sources, to pay

for any authorized district purpose, including a purpose

described by Section 8221.109.

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

1131, Sec. 1, eff. June 15, 2007.

Amended by:

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

1086, Sec. 2, eff. June 19, 2009.

Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the

time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem

tax, at a rate not to exceed the rate approved at an election

held under Section 8221.151, for each year that all or part of

the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all

taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the

interest becomes due;

(B) create a sinking fund for the payment of the principal of

the bonds or other obligations when due or the redemption price

at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

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

1131, Sec. 1, eff. June 15, 2007.

Sec. 8221.203. BONDS FOR ROAD PROJECTS. (a) At the time of

issuance, the total principal amount of bonds or other

obligations issued or incurred to finance road projects and

payable from ad valorem taxes may not exceed one-fourth of the

assessed value of the real property in the district.

(b) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

by a vote of a two-thirds majority of the district voters voting

at an election held for that purpose.

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

1086, Sec. 3, eff. June 19, 2009.