CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8282.001. DEFINITIONS. In this chapter:

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

(2) "City" means the city of Mesquite.

(3) "District" means the Falcon's Lair Utility and Reclamation

District.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district created under Section 52,

Article III, and Section 59, Article XVI, Texas Constitution.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the boundaries of

the district will benefit from the works and projects

accomplished by the district under the powers conferred by this

chapter.

(c) The creation of the district is essential to accomplish the

purposes of Section 52, Article III, and Section 59, Article XVI,

Texas Constitution.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS

TO DISTRICT TERRITORY

Text of section effective on April 01, 2011

Sec. 8282.051. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 5(a), Chapter 935,

Acts of the 69th Legislature, Regular Session, 1985, as that

territory may have been modified under:

(1) Subchapter H, Chapter 54, Water Code;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law.

(b) The boundaries and field notes of the district form a

closure. A mistake in copying the field notes in the legislative

process or another mistake in the field notes does not affect:

(1) the district's organization, existence, or validity;

(2) the district's right or power to issue bonds for the

purposes for which the district is created or to pay the

principal of and interest on the bonds;

(3) the district's authority to impose a tax;

(4) the validity of any contract, agreement, or obligation of

the district; or

(5) the legality of the operations or proceedings of the

district or the board.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION. The

district must secure the approval of the city, in the form of an

ordinance or resolution of the city council of the city, before

final annexation of additional land to the district.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER C. DISTRICT ADMINISTRATION

Text of section effective on April 01, 2011

Sec. 8282.101. COMPOSITION OF BOARD; TERMS. (a) The board

consists of five directors.

(b) Directors serve staggered four-year terms, with the terms of

two or three directors expiring every other year.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.102. VACANCY. (a) Except as provided by Subsection

(b), if a vacancy occurs in the office of director, the remaining

directors shall appoint a person to fill the vacancy until the

next election of directors for the district. If the vacant

position is not regularly scheduled to be filled at that

election, the person elected at that election to fill the vacancy

serves only for the unexpired term.

(b) If the number of qualified directors by reason of vacancies

is fewer than three, the city council of the city, on petition of

the owners of a majority in value of the land in the district, as

shown by the tax rolls of the city, shall appoint the necessary

number of directors to fill all vacancies on the board.

(c) The city may not be found liable for an act relating to a

district obligation or the operation of the district because of

the city's appointment of a director as prescribed by Subsection

(b).

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.103. OFFICERS AND ASSISTANTS. (a) The board shall

reorganize and elect officers after each election and at any

other time the board considers appropriate.

(b) The board may designate one or more assistant secretaries

and an assistant treasurer. An assistant secretary or assistant

treasurer is not required to be a director.

(c) The board secretary or one of the assistant secretaries:

(1) shall keep the minutes of the meetings of the board and all

official records of the board; and

(2) may certify as to the accuracy or authenticity of any

actions, proceedings, minutes, or records of the board or of the

district.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.104. COMPENSATION. Unless the board by resolution

increases the fee to an amount authorized by Section 49.060,

Water Code, each director is entitled to receive compensation in

an amount not to exceed $50 for each meeting of the board, as

determined by the board.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.105. BOARD PROCEDURES. The board shall provide the

method of execution of all contracts, the signing of checks, and

the handling of any other matter approved by the board, as shown

in the district's official minutes.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER D. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS. The district

has the rights, powers, privileges, and functions conferred,

contemplated, and described by Section 59, Article XVI, Texas

Constitution, including the rights, powers, privileges, and

functions conferred by the general law applicable to municipal

utility districts operating under Chapter 54, Water Code.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS AND

FACILITIES. Subject to compliance with applicable codes,

ordinances, resolutions, and rules of the city, the district may

plan, lay out, purchase, construct, acquire, own, operate,

maintain, repair, or improve, inside or outside the boundaries of

the district, any works, improvements, facilities, plants,

equipment, and appliances, including any administrative

buildings, properties, and facilities, any permits, franchises,

licenses, or contract or property rights, and any levees, drains,

waterways, lakes, reservoirs, channels, conduits, sewers, dams,

storm water detention facilities, or other similar facilities and

improvements, whether for municipal, industrial, agricultural,

recreational, conservation, reclamation, or flood control

purposes, that are necessary, helpful, or incidental to the

exercise of any right, power, privilege, or function provided by

this chapter.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.153. ROADS. (a) To the extent authorized by Section

52, Article III, Texas Constitution, the district may provide for

the construction, maintenance, and operation of a macadamized,

graveled, or paved road or turnpike, or a work, facility, or

improvement in aid of a road or turnpike, inside or outside the

district's boundaries.

(b) Subject to compliance with Sections 8282.252(a) and (b), the

district may issue, sell, and deliver bonds, notes, or other

district obligations for a purpose described by Subsection (a)

and may impose taxes to pay the bonds.

(c) Without the city's consent and approval, the district may

not undertake to construct, maintain, operate, repair,

reconstruct, cross, or intersect any city street or road.

(d) Sections 49.181, 49.182, and 54.5161, Water Code, do not

apply to projects undertaken by the district under this section.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES. (a) The

board may undertake an improvement project or service that

confers a special benefit on all or a definable part of the

district.

(b) The board may levy and collect special assessments on

property in the area described by Subsection (a), based on the

benefit conferred by the improvement project or service, to pay

all or part of the cost of the project or service.

(c) An improvement project or service provided by the district

may include the acquisition, construction, or financing of water,

wastewater, or drainage facilities, streets, sidewalks, or

roadways.

(d) Sections 375.113-375.124, Local Government Code, apply to

the financing of an improvement project or service under this

section.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.155. FIRE DEPARTMENT. (a) The district may

establish, operate, and maintain a fire department to perform all

firefighting activities in the district and may issue bonds and

impose taxes to pay for the department and the activities, as

authorized by Section 59(f), Article XVI, Texas Constitution, and

Section 49.351, Water Code. For purposes of this chapter, a

reference in Section 49.351, Water Code, to the Texas Commission

on Environmental Quality or the executive director of the

commission means the city council of the city.

(b) The city has the superior right to provide the degree of

firefighting services the city considers to be in the city's best

interests.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.156. DISTRICT CONTRACTS. (a) Except as provided by

this section, a contract for the purchase or construction of

materials, machinery, or other things used to constitute the

district's works, improvements, facilities, plants, equipment, or

appliances must be advertised, let, and awarded as provided by

Section 49.273, Water Code.

(b) If the district determines, after a contract has been

awarded, that additional work is needed or that the character or

type of the work or facilities should be changed, the board may

authorize change orders to the contract on terms the board

approves, provided the change does not increase the total cost of

the contract by more than 25 percent.

(c) The district must seek informal competitive bids or

proposals from at least three bidders if:

(1) the estimated amount of a proposed construction contract is

more than $5,000 but less than $25,000; or

(2) the duration of a proposed construction contract is more

than two years.

(d) A contract must be written and awarded to the lowest and

best bidder.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.157. GENERAL CONTRACTING AUTHORITY. (a) The district

may contract with the United States, this state or its agencies,

the city, any other public agency or entity, or an individual,

corporation, or other entity for the operation and maintenance or

the construction of any facility or improvement authorized by

this chapter.

(b) A contract that obligates the district to make payments in

whole or in part from ad valorem taxes, other than maintenance

taxes, is subject to approval at an election held under the same

procedures required for the issuance of bonds payable from ad

valorem taxes.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.158. WATER AND SEWER CONTRACTS. (a) The district and

the city may enter into, execute, and perform contracts under

Section 552.014, Local Government Code, as they consider to be

appropriate and mutually advantageous.

(b) A contract under this section may provide for the district's

acquisition for the benefit of the city and the district's

conveyance to the city of, and the city's acceptance and

ownership of and payment for, all or any designated portion of

any of the works, facilities, improvements, equipment,

appliances, properties, and contract rights as provided by

Section 552.014, Local Government Code, that:

(1) the district is authorized under this chapter to purchase,

acquire, construct, own, or improve; and

(2) the city, under its home-rule charter or under general law,

would have been or may be authorized to purchase, acquire,

construct, own, or improve in its own name or behalf.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.159. EMINENT DOMAIN. (a) The district may exercise

the power of eminent domain in the manner, with the privileges,

rights, and immunities, and subject to the conditions and

limitations provided by Sections 49.222 and 49.223, Water Code,

to acquire land, an easement, a right-of-way, or other property

or improvement that is or may be needed to carry out the

district's powers, purposes, and functions.

(b) Without the city's advance written consent and approval, the

district may not begin eminent domain proceedings for a purpose

described by Subsection (a).

(c) Without approval by city ordinance or resolution, the

district may not exercise the power of eminent domain to acquire

any land, easement, right-of-way, or other property or

improvement owned by the city or any city agency or

instrumentality.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES BY CITY.

(a) Notwithstanding Section 8282.157(a), to the extent that the

city considers practical, the city may provide water supply and

sewer services to residential retail customers in the district

and may provide water supply and wastewater treatment services to

the district, under a mutually agreeable contract or otherwise.

(b) The district is responsible for an off-site extension that

is required to provide water supply and sewer service.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.161. REGULATORY AUTHORITY. (a) With respect to

district property, the district has the regulatory and police

power provided by Chapters 49 and 54, Water Code, except as

limited by this section.

(b) Except with respect to any rules relating to the operation,

use, or occupancy of the lakes, reservoirs, levees, channels,

drains, dams, and contiguous or adjacent facilities constructed

or to be constructed and owned or controlled by the district, the

board may not adopt a rule that includes a penal provision to be

enforced by a district peace officer unless the city has approved

the adoption of the rule. The proposed rule must be presented to

the city for the city's review and approval at least 30 days

before the rule's effective date.

(c) The district may not adopt a penal rule that conflicts or is

inconsistent with any ordinance of general applicability in the

city.

(d) The district may not adopt or enforce a rule relating to the

city's streets or roads.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.162. POLICE PROTECTION. Except for providing for the

security of lakes, reservoirs, levees, channels, drains, dams,

and contiguous and adjacent facilities, excluding parks and

streets owned or controlled by the district, the district may not

provide peace officers or have responsibility for police

protection in the city's corporate limits. That function is a

responsibility of the city.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.163. DISTRICT ELECTIONS. (a) The board shall order

each election the district is required to hold.

(b) Notice of a district election must be published once a week

for two consecutive weeks in a newspaper with general circulation

in the city, with the first publication occurring at least 14

days before the date of the election.

(c) A district election held for any purpose may be held

separately or at the same time as an election for another purpose

including a director or maintenance tax election that may be held

on the same day as a bond election or another election. An

election held at the same time as an election for another purpose

may be called by the board in a single election order, and the

results may be canvassed in a single order.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES, CODES,

RESOLUTIONS, AND RULES. Except as expressly provided, this

chapter does not exempt the district from the terms of any

applicable ordinances, codes, resolutions, or rules of the city.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8282.201. GENERAL FINANCIAL POWERS. The board may:

(1) spend and borrow money;

(2) issue bond anticipation notes and tax anticipation notes;

(3) impose maintenance taxes; and

(4) carry out all acts and exercise all powers provided by

Subchapter E, Chapter 49, Water Code.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.202. TAX METHOD. (a) The district shall use the ad

valorem plan of taxation.

(b) Subchapter G, Chapter 54, Water Code, applies to all matters

relating to the imposition of district taxes.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.203. TAX COLLECTOR. (a) The board shall appoint a

person as tax collector for the district and may appoint deputies

considered necessary.

(b) Each person appointed under this section shall qualify by

executing a bond in the amount of $10,000 payable to the

district, approved by the board, and conditioned on the faithful

performance of the person's duties.

(c) The board shall set the compensation for the tax collector

and any deputy tax collector.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.204. USE OF MAINTENANCE TAX. (a) The board may use

and pledge the proceeds received from all or any designated

portion of the district's maintenance taxes for any lawful

purpose, other than the payment of the principal of or interest

on bonds. Bonds must be paid from taxes imposed separately to

the extent that those bonds are required to be paid from taxes.

(b) The district may not use maintenance taxes for the purpose

of maintaining, repairing, operating, or improving any of the

works, facilities, and improvements described by Section 8282.153

until the district has complied with Sections 8282.252(a) and

(b).

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY. (a) The

district's treasurer shall have district money deposited and

invested in the district's depository bank or other banks or

savings associations selected by the district's authorized

investment officers.

(b) To the extent that deposited or invested money is not

insured by the Federal Deposit Insurance Corporation, the money

must be secured in the manner provided by law for the security of

county funds.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.206. INVESTMENT OF DISTRICT MONEY. At the direction

of the board or any other authorized district representative or

investment officer, district money may be invested in direct or

indirect obligations of the United States, the state, or any

political subdivision of the state, or may be placed in

certificates of deposit of state or national banks or savings and

loan associations in this state, if that money is secured in the

manner provided for the security of county funds.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER F. BONDS

Text of section effective on April 01, 2011

Sec. 8282.251. AUTHORITY TO ISSUE BONDS. The board may issue

bonds as provided by general law, including Sections

54.501-54.515 and 54.518-54.521, Water Code.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND TURNPIKES.

(a) The district may not issue bonds for a purpose described

by Section 8282.153 unless the bonds are approved by a vote of a

two-thirds majority of the voters voting in the district or the

territory to be affected by the bonds.

(b) Bonds, notes, or other district obligations issued or

incurred for a purpose described by Section 8282.153 may not

exceed one-fourth of the assessed valuation of the real property

of the district or the territory to be affected by the bonds.

(c) Sections 49.181, 49.182, and 54.5161, Water Code, do not

apply to bonds issued by the district as provided by this

section.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR IMPROVEMENT PROJECTS

OR SERVICES. (a) To pay all or part of the costs of an

improvement project or service under Section 8282.154, the board

may issue bonds in one or more series payable from and secured by

ad valorem taxes, assessments, impact fees, revenues, grants,

gifts, contracts, or leases or any combination of those sources

of money.

(b) Bonds issued under this section may be liens on all or part

of the revenue derived from improvements authorized under Section

8282.154, including installment payments of special assessments

or from any other source pledged to their payment.

(c) Sections 375.202-375.206, Local Government Code, apply to

bonds issued under this section.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8282.254. OBLIGATIONS. (a) In this section, "obligation"

means a bond, note, lease-purchase agreement, or installment sale

obligation of the district.

(b) The principal amount of the district's obligations that are

payable from assessments imposed by the district may be in an

amount that does not exceed the aggregate appraised value of the

property in the district, as established by an independent

appraisal by a member of the Appraisal Institute.

(c) The appraised value of the property in the district

established for ad valorem tax purposes does not limit the

principal amount of the obligations that may be issued by the

district under Subsection (b).

(d) The city is not required to pay the principal of and

interest on an obligation issued by the district.

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

1139, Sec. 1.04, eff. April 1, 2011.