CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY

DISTRICT NO. 1

For contingent expiration of this chapter, see Section 8349.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8349.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Northwest Williamson County Municipal

Utility District No. 1.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.002. NATURE OF DISTRICT. The district is a municipal

utility district created under and essential to accomplish the

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

Texas Constitution.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.003. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 8349.003 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) All

land and other property 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:

(1) a municipal utility district as provided by general law and

Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to

the construction, acquisition, or improvement of macadamized,

graveled, or paved roads described by Section 54.234, Water Code,

or improvements, including storm drainage, bridges, and

appurtenances, in aid of those roads.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.006. 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 the purposes for which

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

on a bond;

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

(4) legality or operation.

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

1085, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8349.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

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

1085, Sec. 1, eff. June 19, 2009.

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

Sec. 8349.052. INITIAL DIRECTORS. (a) The initial board

consists of:

(1) Kevin Boscamp;

(2) Ken Willey;

(3) Trip Leon;

(4) Bill Woodall; and

(5) Bruce Hollingsworth.

(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.

1085, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8349.101. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.102. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.103. AUTHORITY FOR ROAD PROJECTS. (a) Under Section

52, Article III, Texas Constitution, the district may design,

acquire, construct, finance, issue bonds for, and convey to this

state, a county, or a municipality for operation and maintenance

macadamized, graveled, or paved roads described by Section

54.234, Water Code, or improvements, including storm drainage,

bridges, and appurtenances, in aid of those roads.

(b) The district may exercise the powers provided by this

section without submitting a petition to or obtaining approval

from the Texas Commission on Environmental Quality as required by

Section 54.234, Water Code.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.104. APPROVAL OF ROAD PROJECT. (a) The district may

not undertake a road project authorized by Section 8349.103

unless:

(1) the municipality or county that will operate and maintain

the road has approved the plans and specifications of the road

project; or

(2) the Texas Transportation Commission has approved the plans

and specifications of the road project, if the state will operate

and maintain the road.

(b) Except as provided by Subsection (a), the district is not

required to obtain approval from the Texas Transportation

Commission to design, acquire, construct, finance, issue bonds

for, improve, or convey a road project.

(c) The district's construction, 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR

RESOLUTION. The district shall comply with all applicable

requirements of any resolution that is adopted by the governing

body of a municipality under Section 54.016 or 54.0165, Water

Code, and 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.106. 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:

(1) a road project authorized by Section 8349.103; or

(2) a recreational facility as defined by Section 49.462, Water

Code.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.107. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.108. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.

The district must obtain the approval of the Brazos River

Authority for the design of a district wastewater treatment

facility.

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

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.109. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.110. 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.

1085, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8349.151. 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 taxes.

(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. 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8349.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with 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.

1085, Sec. 1, eff. June 19, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8349.201. 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, contract

payments, 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.202. 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 8349.151, 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.

1085, Sec. 1, eff. June 19, 2009.

Sec. 8349.203. BONDS FOR ROAD PROJECTS. At the time of

issuance, the total principal amount of bonds or other

obligations issued or incurred to finance road projects and

payable from ad valorem taxes may not exceed one-fourth of the

assessed value of the real property in the district.

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

1085, Sec. 1, eff. June 19, 2009.