CHAPTER 8347. SEVEN OAKS RANCH MUNICIPAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8347. SEVEN OAKS RANCH MUNICIPAL UTILITY DISTRICT

For contingent expiration of this chapter, see Section 8347.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8347.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Seven Oaks Ranch Municipal Utility

District.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.002. NATURE OF DISTRICT. The district is a municipal

utility district created under and essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.003. CONFIRMATION ELECTION REQUIRED. (a) The board

shall hold an election to confirm the creation of the district as

provided by Section 49.102, Water Code.

(b) If the creation of the district is not confirmed at a

confirmation election before September 1, 2013:

(1) the district is dissolved September 1, 2013, except that the

district shall:

(A) pay any debts incurred;

(B) transfer to Williamson 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, 2016.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 8347.003 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located has consented by ordinance

or resolution to the creation of the district and to the

inclusion of land in the district.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land

and other property in the district will benefit from the

improvements and services to be provided by the district.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.006. 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 the district's:

(1) organization, existence, or validity;

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

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

the bond;

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

(4) legality or operation.

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

1093, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8347.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 8347.052, directors serve

staggered four-year terms.

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

1093, Sec. 1, eff. September 1, 2009.

For expiration of this section, see Subsection (c).

Sec. 8347.052. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Edward Rathgeber;

(2) R. Tim Mitchell;

(3) Mike Wittenberg;

(4) Marcos Canchola; and

(5) Bob Brent.

(b) Unless the initial board agrees otherwise, the initial

directors 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.

(c) This section expires September 1, 2016.

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

1093, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8347.101. 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 2009, 81st Leg., R.S., Ch.

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.102. 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 2009, 81st Leg., R.S., Ch.

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. The

district has the powers and duties applicable to a district under

Chapter 30, Water Code.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION.

The district shall comply with all applicable requirements of any

resolution, adopted by the governing body of a municipality under

Section 54.016, Water Code, that consents to the creation of the

district or to the inclusion of land in the district.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.105. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.

The district must obtain the approval of the Brazos River

Authority for the design of any district wastewater treatment

facility.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.106. WASTEWATER SERVICE PROVIDERS. Only the Brazos

River Authority or a provider approved by the Brazos River

Authority may provide wastewater service in the district.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. The

district shall comply with the terms of the "Agreement Regarding

Sewer Services Areas and Customers" among the Lower Colorado

River Authority, the Brazos River Authority, the City of

Georgetown, the City of Liberty Hill, and the Chisholm Trail

Special Utility District dated February 1, 2005.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.108. STREET REPAIR AND MAINTENANCE. (a) After

September 1, 2019, the district, at the district's expense, shall

repair and maintain any streets in the district.

(b) A district's repair and maintenance of streets under this

section must meet all applicable construction standards and

regulations of Williamson County.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.109. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district to acquire a site or easement for a recreational

facility as defined by Section 49.462, Water Code.

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

1093, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8347.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by revenue or contract payments from a source

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 ad valorem tax or issue bonds payable

from ad valorem taxes.

(c) An ad valorem tax rate imposed by the district may not

exceed the rate approved at the election.

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

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8347.151, the

district may impose an operation and maintenance tax on taxable

property in the district as provided by 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 2009, 81st Leg., R.S., Ch.

1093, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. BONDS

Sec. 8347.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The district may issue bonds or other obligations payable wholly

or partly 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 2009, 81st Leg., R.S., Ch.

1093, Sec. 1, eff. September 1, 2009.

Sec. 8347.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the

time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

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

tax, at a rate not to exceed the rate approved at an election

held under Section 8347.151, 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 or other obligations as the

interest becomes due;

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

the bonds or other obligations when due or the redemption price

at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

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

1093, Sec. 1, eff. September 1, 2009.