CHAPTER 8300. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 189 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8300. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 189

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8300.001. 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. 189.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.001 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.002. NATURE OF DISTRICT. The district is created as a

municipal utility district created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.002 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.003. CONFIRMATION ELECTION REQUIRED. The board 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.

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.003 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All

land and other property included in the district will benefit

from the improvements and services to be provided by the

district.

(b) The district is created to accomplish the purposes of a

municipal utility district as provided by general law.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.004 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.005. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of 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 in the field

notes or in copying the field notes in the legislative process

does not in any way affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which

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

on a bond;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.005 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8300.051. BOARD OF DIRECTORS; TERMS. (a) The district is

governed by a board of five directors.

(b) Except as provided by Section 8300.053, directors serve

staggered four-year terms.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.051 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(21), eff. September 1, 2009.

Sec. 8300.052. 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.

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.052 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.053. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Dan LeNeveu;

(2) Nikki Ball;

(3) Glenn Hansen;

(4) Joseph Charles Tusa; and

(5) Howard Moon.

(b) Unless otherwise agreed, the directors shall decide the

initial terms of office by lot, with a simple majority of

directors serving until the second succeeding directors election

and the remaining directors serving until the next directors

election.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.053 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8300.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes for which

the district is created.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.101 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.102. 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.

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.102 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all applicable requirements

of any ordinance or resolution adopted by the governing body of

the municipality that consents to the creation of the district or

to the inclusion of land within the district.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.103 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8300.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by revenues or contract payments from any

lawful sources other than ad valorem taxation.

(b) The district must hold an election in the manner provided by

Chapters 49 and 54, Water Code, to obtain voter approval before

the district may impose an operation and maintenance tax or issue

bonds payable from ad valorem taxes.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.151 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held in accordance with Section

8300.151, the district may impose an operation and maintenance

tax on taxable property in the district in accordance with the

provisions of Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.152 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(22), eff. September 1, 2009.

SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS

Sec. 8300.201. OBLIGATIONS. The district may issue bonds,

notes, or other obligations payable in whole or in part from ad

valorem taxes, impact fees, revenue, grants, or other district

money, or any combination of those sources, to pay for any

authorized district purpose.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.201 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.

Sec. 8300.202. TAXES FOR BONDS. At the time bonds payable in

whole or in part from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem

tax, without limit as to rate or amount, for each year that all

or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all

taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds as the interest becomes due;

(B) create a sinking fund for the payment of the principal of

the bonds when due or the redemption price at any earlier

required redemption date; and

(C) pay the expenses of imposing the taxes.

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

170, Sec. 1, eff. May 22, 2007.

Renumbered from Special District Local Laws Code, Section

8210.202 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(83), eff. September 1, 2009.