CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8233.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Fort Bend County Municipal Utility

District No. 190.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.002. NATURE OF DISTRICT. (a) The district is a

municipal utility district created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

(b) The district, to the extent authorized by Section 8233.102

and Section 52, Article III, Texas Constitution, has road powers.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.003. CONFIRMATION ELECTION REQUIRED. The board shall

hold an election to confirm the creation of the district as

provided by Section 49.102, Water Code.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All

land and other property in the district will benefit from the

improvements and services to be provided by the district.

(b) The district is created to accomplish:

(1) the purposes of a municipal utility district as provided by

general law; and

(2) to the extent authorized by Section 52, Article III, Texas

Constitution, the financing, construction, or acquisition of road

projects.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.005. 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 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.

1284, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8233.051. 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.

1284, Sec. 1, eff. June 15, 2007.

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

Sec. 8233.052. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Phil Mullan;

(2) Shannon M. Frederick;

(3) Barbara D. Colihan;

(4) Randy Young; and

(5) Ronald D. Petersen.

(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.

1284, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8233.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

(a) 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.

(b) 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.

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.102. ROAD PROJECTS. (a) Under Section 52, Article

III, Texas Constitution, a district may finance, construct, or

acquire a road project as provided by this section.

(b) A road project must meet all applicable standards,

regulations, ordinances, or orders of:

(1) each municipality in whose corporate limits or

extraterritorial jurisdiction the road project is located; and

(2) each county in which the road project is located.

(c) The district may, with the consent of the municipality or

county, convey a completed road project to:

(1) a municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located; or

(2) a county in which the road project is located.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR

RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or 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.

1284, Sec. 1, eff. June 15, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8233.151. 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) The district may not issue bonds to finance a road project

under Section 8233.102 unless the issuance is approved by a vote

of a two-thirds majority of district voters voting at an election

held for that purpose.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8233.151, 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.

1284, Sec. 1, eff. June 15, 2007.

Amended by:

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

87, Sec. 21.083, eff. September 1, 2009.

SUBCHAPTER E. BONDS

Sec. 8233.201. 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.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.202. BONDS FOR ROAD PROJECTS. At the time of

issuance, the total principal amount of bonds, notes, or other

obligations issued or incurred to finance a road project under

Section 8233.102 may not exceed one-fourth of the assessed value

of real property in the district according to the most recent

appraisal roll for Fort Bend County.

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

1284, Sec. 1, eff. June 15, 2007.

Sec. 8233.203. TAXES FOR BONDS. At the time bonds payable

wholly or partly from ad valorem taxes are issued:

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

tax, without limit as to rate or amount, 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 as the interest becomes due;

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

the bonds 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.

1284, Sec. 1, eff. June 15, 2007.