CHAPTER 8256. PLATINUM RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF GRAYSON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8256. PLATINUM RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF

GRAYSON COUNTY

For contingent expiration of this chapter, see Section 8256.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8256.001. 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 Platinum Ranch Municipal Utility

District No. 1 of Grayson County.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.002. NATURE OF DISTRICT. The district is a municipal

utility district in Grayson 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.

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8256.055 before September 1, 2009:

(1) the district is dissolved September 1, 2009, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Grayson County; and

(C) the organization of the district shall be maintained 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.

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 6.02 of

the article creating this chapter.

(b) The boundaries and field notes contained in Section 6.02 of

the article 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;

(3) the validity of the district's bonds, notes, or other

indebtedness; or

(4) the legality or operation of the district or the board.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.005. ANNEXATION INTO CITY OF GUNTER. (a)

Notwithstanding any other law, if all of the territory of the

district is annexed by the City of Gunter into the corporate

limits of that municipality before the date of the election held

to confirm the creation of the district, the district is not

dissolved and shall continue in full force and effect.

(b) Any future annexation or inclusion of additional territory

into a district governed by this chapter may not occur unless the

City of Gunter is allowed to voluntarily annex the same territory

into the municipality's corporate limits.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.006. DISSOLUTION. Section 43.074, Local Government

Code, applies to the dissolution of the district.

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

1129, Sec. 6.01, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8256.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Except as provided by Section 8256.053, directors serve

staggered four-year terms.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.052. 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.

1129, Sec. 6.01, eff. September 1, 2007.

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

Sec. 8256.053. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Mark McClure;

(2) Greg Meador;

(3) Lance Hancock;

(4) David Howell; and

(5) Mark Smith.

(b) The terms of the first three directors named in Subsection

(a) expire on the uniform election date in May 2008, and the

terms of the last two directors named in Subsection (a) expire on

the uniform election date in May 2010.

(c) This section expires September 1, 2011.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.054. INCORPORATION OF DISTRICT TERRITORY INTO

MUNICIPALITY REQUIRED. The directors may not hold an election

under Section 8256.055 until all of the territory of the district

is included in the corporate limits of the City of Gunter.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.055. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The initial directors shall hold an election to confirm the

creation of the district.

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

1129, Sec. 6.01, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8256.101. 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) Notwithstanding Subsection (a), the district may not act as

a retail provider of water or wastewater service.

(c) The district shall make the district's water and wastewater

facilities available to an entity holding the applicable

certificate of convenience and necessity.

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.102. 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 turnpikes, or improvements in aid of

those roads, inside the district.

(b) A road project must meet all applicable construction

standards, subdivision requirements, and regulatory ordinances of

the municipality in whose corporate limits or extraterritorial

jurisdiction the district is located.

(c) If a portion of the territory of the district is excluded

from the corporate limits of the City of Gunter, the district

shall:

(1) improve, maintain, repair, and operate the roads located in

that portion of territory in accordance with the ordinances and

rules of the political subdivision possessing jurisdiction over

the roads in that portion of territory; and

(2) pay the entire cost of performing the district's duties

under Subdivision (1).

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

1129, Sec. 6.01, eff. September 1, 2007.

Sec. 8256.103. DIVISION OF DISTRICT. (a) The district may be

divided into two new districts only if:

(1) the district has no outstanding bonded debt;

(2) the district is not imposing ad valorem taxes; and

(3) each new district is within the corporate limits of the City

of Gunter.

(b) The division procedure is prescribed by Sections 53.030

through 53.041, Water Code.

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

all the powers and duties of the district.

(d) At the time of creation, any new district created by the

division of the district may not contain any land outside the

area described by Section 6.02 of the article creating this

chapter.

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

1129, Sec. 6.01, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8256.151. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of or interest on bonds or other

obligations issued under Section 8256.201.

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

1129, Sec. 6.01, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 8256.201. 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, to finance the

construction, maintenance, or operation of a project under

Section 8256.101 or 8256.102.

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

authorized by Section 8256.102 unless the issuance is approved by

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

an election called for that purpose.

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

projects authorized by Section 8256.102 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.

1129, Sec. 6.01, eff. September 1, 2007.