CHAPTER 8299. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 183 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8299. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 183

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8299.001. 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 Fort Bend County Municipal Utility District

No. 183.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.001 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.002. NATURE OF DISTRICT. The district is a municipal

utility district in Fort Bend 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.002 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8299.055 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

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

transferred to Fort Bend 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.003 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(15), eff. September 1, 2009.

Sec. 8299.004. 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:

(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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.004 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8299.051. BOARD OF DIRECTORS; 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.051 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.052. 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.052 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

For expiration of this section, see Section 8299.056.

Sec. 8299.053. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) John Randolph;

(2) Stacy Eickhoff;

(3) Karen Ross;

(4) John Neslage; and

(5) Stephen Eustis.

(b) Notwithstanding Section 8299.051(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.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.053 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(16), eff. September 1, 2009.

For expiration of this section, see Section 8299.056.

Sec. 8299.054. CONSENT OF MUNICIPALITY REQUIRED. The initial

directors may not hold an election under Section 8299.055 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located has adopted a resolution

consenting to the creation of the district.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.054 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(17), eff. September 1, 2009.

For expiration of this section, see Section 8299.056.

Sec. 8299.055. CONFIRMATION AND INITIAL DIRECTORS ELECTION. The

initial directors 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.055 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.056. EXPIRATION. Sections 8299.053, 8299.054, and

8299.055 and this section expire September 1, 2011.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.056 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(18), eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8299.101. 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.101 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.102. 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 or turnpikes, inside the district.

(b) A road project must meet or exceed all applicable

construction standards, zoning and subdivision requirements, and

regulatory ordinances of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

If the district is located outside the extraterritorial

jurisdiction of a municipality, a road project must meet all

applicable construction standards, zoning and subdivision

requirements, and regulatory ordinances of each county in which

the district is located.

(c) The district may not undertake a road project unless each

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located consents by ordinance or

resolution.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.102 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

Sec. 8299.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR

RESOLUTIONS. The district shall comply with all applicable

requirements of any ordinance or resolution adopted by the city

council of the City of Alvin.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.103 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(82), eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8299.151. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of or interest on bonds issued under

Section 8299.201.

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

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.151 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(19).

SUBCHAPTER E. BONDS

Sec. 8299.201. 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 projects under

Sections 8299.101 and 8299.102.

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

authorized by Section 8299.102 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 8299.102 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.

1314, Sec. 1, eff. September 1, 2007.

Renumbered from Special District Local Laws Code, Section

8208.201 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(20).