CHAPTER 8265. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF GRAYSON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8265. KIMBERLIN RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF

GRAYSON COUNTY

For contingent expiration of this chapter, see Section 8265.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8265.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Kimberlin Ranch Municipal Utility

District No. 2 of Grayson County.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.002. NATURE OF DISTRICT. The district is a municipal

utility district in Grayson County created under and essential to

accomplish the purposes of Section 52, Article III, and Section

59, Article XVI, Texas Constitution.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8265.023 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 Grayson 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.

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 3.02 of

the article creating this chapter.

(b) The boundaries and field notes contained in Section 3.02 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

indebtedness; or

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

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

1129, Sec. 3.01, eff. September 1, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Section 8265.025.

Sec. 8265.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2007, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality

requesting that the commission appoint as temporary directors the

five persons named in the petition.

(b) The commission shall appoint as temporary directors the five

persons named in the first petition received by the commission

under Subsection (a).

(c) If a temporary director fails to qualify for office, the

commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8265.023; or

(2) the date this chapter expires under Section 8265.003.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.022. 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.

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION;

ANNEXATION BY CITY. (a) The temporary directors shall hold an

election to confirm the creation of the district and to elect

five directors as provided by Section 49.102, Water Code.

(b) The temporary directors may not hold the election until the

City of Gunter has annexed into its corporate limits all

territory described by Section 3.02 of the article creating this

chapter.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8265.023 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.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

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

1129, Sec. 3.01, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8265.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five directors.

(b) Directors serve staggered four-year terms.

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

1129, Sec. 3.01, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8265.101. 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.

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.102. WATER AND WASTEWATER FACILITIES AND SERVICES.

(a) The district shall make available any district water or

wastewater facility to each person that holds a certificate of

convenience and necessity for land in the district.

(b) The district may not provide retail water or wastewater

services.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.103. 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 or turnpikes, inside the district.

(b) A road project must meet all applicable construction

standards, subdivision requirements, and regulations of each

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.104. MAINTENANCE AND REPAIR OF ROADS IN TERRITORY

EXCLUDED FROM CITY. If the City of Gunter excludes district

territory from the city's corporate limits, the district shall

maintain, improve, operate, and repair any road located in that

territory in accordance with the ordinances and rules of each

political subdivision in whose jurisdiction the road is located.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.105. DIVISION OF DISTRICT. (a) The district may be

divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

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

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

(1) outside the area described by Section 3.02 of the article

creating this chapter; or

(2) outside the corporate limits of the city of Gunter.

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

1129, Sec. 3.01, eff. September 1, 2007.

Sec. 8265.106. LIMITATION ON ANNEXATION. (a) The district may

not add land to the district under Subchapter J, Chapter 49,

Water Code, if the land is located outside the corporate limits

of the city of Gunter.

(b) Section 43.075, Local Government Code, does not apply to the

district.

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

1129, Sec. 3.01, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8265.151. 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 8264.201.

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

1129, Sec. 3.01, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 8265.201. 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 8265.101 or 8265.103.

(b) The district may not issue bonds or other obligations to

finance projects authorized by Section 8265.103 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.

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

projects authorized by Section 8265.103 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. 3.01, eff. September 1, 2007.