CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8247.001. 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 York Valley Municipal Utility District.

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

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.002. NATURE OF DISTRICT. The district is a municipal

utility district in Guadalupe 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.003. 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.004. 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 macadamized, graveled, or paved

roads, or improvements in aid of those roads.

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

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.005. 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.

196, Sec. 1, eff. May 23, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8247.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Except as provided by Section 8247.052, directors serve

staggered four-year terms.

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

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.052. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Greg Hammonds;

(2) Carole Baker;

(3) Jimmy Kull;

(4) Marcy Steward; and

(5) William Meyer.

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

directors shall draw lots to determine which two directors shall

serve until the first regularly scheduled election of directors

and which three directors 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.

196, Sec. 1, eff. May 23, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8247.101. 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.102. ROAD PROJECTS. (a) To the extent authorized by

Section 52, Article III, Texas Constitution, 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 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.103. DIVISION OF DISTRICT. (a) The district may be

divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) Any new district created by the division of the district has

all the powers and duties of the district.

(c) Any new district created by the division of the district may

not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act creating this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owners of a majority of the assessed value of real

property in the district according to the most recent certified

appraisal roll for the county in which the district is located,

may adopt an order dividing the district.

(e) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between

each new district.

(f) On or before the 30th day after the adoption of an order

dividing the district, the district shall file the order dividing

the district with the Texas Commission on Environmental Quality

and record the order in the real property records of the county

in which the district is located.

(g) Any new district created by the division of the district

shall hold a confirmation and directors' election as required by

Section 49.102, Water Code.

(h) Any new district created by the division of 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 a maintenance tax or issue bonds payable wholly or partly

from ad valorem taxes.

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

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.104. FIREFIGHTING AND EMERGENCY MEDICAL SERVICES. (a)

The district may establish, operate, and maintain, or contract

with another political subdivision for the joint operation of, a

fire department to perform all firefighting and emergency medical

services in the district in accordance with Subchapter L, Chapter

49, Water Code.

(b) The district may issue bonds or impose a mandatory fee, with

voter approval, for financing a fire plan approved in accordance

with Section 49.351, Water Code, including the construction and

purchase of necessary buildings, facilities, land, and equipment

and the provision of an adequate water supply.

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

196, Sec. 1, eff. May 23, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8247.151. 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8247.151, 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.

196, Sec. 1, eff. May 23, 2007.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8247.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) 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.

(b) The district may not issue bonds to finance projects

authorized by Section 8247.102 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.

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

projects authorized by Section 8247.102 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.

196, Sec. 1, eff. May 23, 2007.

Sec. 8247.202. 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.

196, Sec. 1, eff. May 23, 2007.