CHAPTER 8294. EMERALD BAY MUNICIPAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8294. EMERALD BAY MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8294.001. DEFINITION. In this chapter, "district" means

Emerald Bay Municipal Utility District.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.001 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.002. NATURE OF DISTRICT. (a) The district is a

conservation and reclamation district in Smith County created

under Section 59, Article XVI, Texas Constitution.

(b) The district is a political subdivision of the state.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.002 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.003. 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 district will

benefit from the works and projects accomplished by the district

under Section 59, Article XVI, Texas Constitution.

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

purposes of Section 59, Article XVI, Texas Constitution.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.003 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.004. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2(a), Chapter 722,

Acts of the 68th Legislature, Regular Session, 1983, 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 of the district form a closure. A mistake in

the description of the boundaries under Section 2(a), Chapter

722, Acts of the 68th Legislature, Regular Session, 1983, does

not affect:

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

(2) the district's right to issue bonds for a purpose for which

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

on the bonds; or

(3) the legality or operation of the district or its governing

body.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.004 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8294.051. COMPOSITION OF BOARD. The district is governed

by a board of five directors who serve staggered terms.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.051 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8294.101. MUNICIPAL UTILITY DISTRICT POWERS. The district

may exercise the rights, powers, privileges, and functions

provided by general law applicable to a municipal utility

district created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 54, Water Code.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.101 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.102. GENERAL CONTRACT POWERS. The district may enter

into a water supply, sewage treatment, solid waste, or drainage

contract, or any combination of those contracts, with a municipal

corporation, political subdivision, or private entity.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.102 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.103. CONTRACTS TO ACQUIRE EXISTING WATER OR SEWER

SYSTEMS. A contract for the acquisition of an existing water or

sewer facility may be made on terms approved by the contracting

parties.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.103 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.

Sec. 8294.104. VOTER APPROVAL OF CERTAIN CONTRACTS. (a) A

contract that provides for the district to make payment from

taxes other than maintenance taxes must be approved by a majority

of the district voters voting on the question at an election held

for that purpose.

(b) The election shall be held in the same manner as an election

for the issuance of bonds payable from taxes by a municipal

utility district.

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

920, Sec. 1.10, eff. April 1, 2009.

Renumbered from Special District Local Laws Code, Section

8159.104 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(78), eff. September 1, 2009.