CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8368.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Parklands Municipal Utility District

No. 1.

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

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

Sec. 8368.002. NATURE OF DISTRICT. The district is a municipal

utility district created under Section 59, Article XVI, Texas

Constitution.

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

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

Sec. 8368.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.

The temporary directors shall hold an election to confirm the

creation of the district and to elect five permanent directors as

provided by Section 49.102, Water Code.

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

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

Sec. 8368.004. ELECTION DATES. Section 41.001(a), Election

Code, does not apply to an election to:

(1) confirm the district's creation;

(2) elect initial permanent directors; or

(3) approve a maintenance tax, bond, or contract.

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

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

Sec. 8368.005. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 8368.003 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the territory described by Section 2 of the Act

creating this chapter is located has consented by ordinance or

resolution and to the inclusion of land in the district.

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

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

Sec. 8368.006. TERRITORY ADDED. (a) The territory described by

Section 2 of the Act creating this chapter is added to the

district's territory as of the effective date of this section.

(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 a tax; or

(4) legality or operation.

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

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8368.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 8368.052, directors serve

staggered four-year terms.

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

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

Sec. 8368.052. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Benjamin B. Tolson;

(2) Jordan R. Smith;

(3) Shad Schmid;

(4) Ryan N. Stevens; and

(5) Janet Cobbel.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section

8368.003; or

(2) the fourth anniversary of the effective date of the Act

creating this chapter.

(c) If permanent directors have not been elected under Section

8368.003 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed or reappointed

as provided by Subsection (d) to serve terms that expire on the

earlier of:

(1) the date permanent directors are elected under Section

8368.003; or

(2) the fourth anniversary of the date of the appointment or

reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority

of the assessed value of the real property in the district may

submit a petition to the Texas Commission on Environmental

Quality requesting that the commission appoint as successor

temporary directors the five persons named in the petition. The

commission shall appoint as successor temporary directors the

five persons named in the petition.

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

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8368.101. 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 2009, 81st Leg., R.S., Ch.

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

Sec. 8368.102. AUTHORITY FOR ROAD PROJECTS. Under Section 52,

Article III, Texas Constitution, the district may design,

acquire, construct, finance, issue bonds for, improve, operate,

maintain, and convey to this state, a county, or a municipality

for operation and maintenance macadamized, graveled, or paved

roads, including bridges, storm drainage, and other improvements

or appurtenances in aid of those roads.

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

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

Sec. 8368.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road

project must meet all applicable construction standards, zoning

and subdivision requirements, and regulations of each

municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the road project

must meet all applicable construction standards, subdivision

requirements, and regulations of each county in which the road

project is located.

(c) If a municipality or county will maintain and operate the

road, the municipality or county must approve the plans and

specifications of the road project.

(d) If the state will maintain and operate the road, the Texas

Transportation Commission must approve the plans and

specifications of the road project.

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

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

Sec. 8368.104. DIVISION OF DISTRICT. (a) The district may be

divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes or assessments.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers

and duties of the district, including the power to divide in

accordance with this section.

(c) Any new district created by the division of the district may

not, at the time the new district is created, contain any land

outside:

(1) the territory of the district at the time the district was

created; or

(2) the area described by Section 2 of the Act creating this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value

of the real property in the district according to the most recent

certified appraisal roll for each county in which the district is

located, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or

after the date the board holds an election under Section 8368.003

to confirm the district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of

each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between

or among the new districts.

(g) On or before the 30th day after the date of adoption of an

order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(h) Any new district created by the division of the district

shall hold a confirmation and directors' election as required by

Section 8368.003.

(i) Any new district created by the division of the district

must hold an election as required by Chapters 49 and 54, Water

Code, and this chapter to obtain voter approval before the

district may impose a maintenance tax or issue bonds payable

wholly or partly from ad valorem taxes.

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

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

Sec. 8368.105. 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 8368.102; or

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

Code.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8368.151. TAX TO REPAY BONDS. The district may impose a

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

Section 8368.201.

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

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

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8368.201. BONDS FOR ROAD PROJECTS. (a) The district may

not issue bonds payable from ad valorem taxes to finance a road

project unless the issuance is approved by a vote of a two-thirds

majority of the district voters voting at an election held for

that purpose.

(b) 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.

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