CHAPTER 8244. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 104 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8244. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.

104

For contingent expiration of this chapter, see Section 8244.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8244.001. DEFINITIONS. In this chapter:

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

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

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

District No. 104.

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

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

Sec. 8244.002. NATURE OF DISTRICT. The district is a municipal

utility district in Montgomery County created under and essential

to accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

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

Sec. 8244.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8244.023 before September 1, 2015:

(1) the district is dissolved September 1, 2015, except that the

district shall:

(A) pay any debts incurred;

(B) transfer to Montgomery 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, 2016.

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

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

Sec. 8244.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All

land and other property included 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 construction, acquisition, improvement,

maintenance, or operation of arterial or main feeder roads or

improvements in aid of those roads.

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

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

Sec. 8244.005. 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 the purposes for which

the district is created or to pay the principal of and interest

on a bond;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

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

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

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8244.025.

Sec. 8244.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Patrick S. Graham;

(2) Kyle Rhoden;

(3) James H. Ragan;

(4) Karen Strong; and

(5) Antonio J. Padua.

(b) Temporary directors serve until the earlier of:

(1) the date initial directors are elected under Section

8244.023; or

(2) the date this subchapter expires under Section 8244.025.

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

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

Sec. 8244.022. 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 meet at a location in the district agreeable to a

majority of the directors. At the meeting, the temporary

directors shall elect officers from among the temporary directors

and conduct any other district business.

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

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

Sec. 8244.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

Not later than the second anniversary of the organizational

meeting held under Section 8244.022, the temporary directors

shall hold an election to confirm the creation of the district

and to elect five initial directors as provided by Section

49.102, Water Code.

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

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

Sec. 8244.024. INITIAL ELECTED DIRECTORS; TERMS. Unless the

initial board otherwise agrees, the directors elected under

Section 8244.023 shall draw lots to determine which two shall

serve until the first regularly scheduled election of directors

under Section 8244.052 and which three shall serve until the

second regularly scheduled election of directors.

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

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

Sec. 8244.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2015.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8244.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Except for temporary or initial directors, directors serve

staggered four-year terms.

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

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

Sec. 8244.052. ELECTION OF DIRECTORS. On the uniform election

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

directors shall be elected.

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

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8244.101. 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.

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

Sec. 8244.102. ROAD PROJECTS. (a) To the extent authorized by

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

acquire, construct, or finance a road that meets the criteria or

requirements for a thoroughfare, arterial, or collector road of

the county in which the road is located or the municipality in

whose corporate limits or extraterritorial jurisdiction the road

is located or improvements in aid of that road.

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

regulations, and ordinances of the municipality or county in

whose jurisdiction the district is located.

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

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

Sec. 8244.103. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN

POWER. (a) In this section, "recreational facilities" and

"develop and maintain" have the meanings assigned by Section

49.462, Water Code.

(b) The district may develop and maintain recreational

facilities.

(c) The district may not, for the development or maintenance of

a recreational facility, acquire by condemnation land, an

easement, or other property inside or outside the district.

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

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

Sec. 8244.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all applicable requirements

of any ordinance or resolution adopted by the governing body of

the municipality that consents to the creation of the district or

to the inclusion of lands within the district.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8244.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by revenue or contract payments from any

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 operation and maintenance tax or issue

bonds payable from ad valorem taxes.

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

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

Sec. 8244.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8244.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with 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.

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

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8244.201. 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.

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

Sec. 8244.202. BONDS FOR ROAD PROJECTS. (a) The district may

not issue bonds to finance projects authorized by Section

8244.102 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.

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

projects authorized by Section 8244.102 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.

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

Sec. 8244.203. BONDS FOR RECREATIONAL FACILITIES. If authorized

at an election under Section 8244.151, the district may issue

bonds payable from ad valorem taxes to pay for the development

and maintenance of recreational facilities.

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

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

Sec. 8244.204. 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.

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