SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8110. VERANDAH MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8110.001.  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 the Verandah Municipal Utility District of Hunt County.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.002.  NATURE OF DISTRICT.  (a)  The district is a municipal utility district with road powers.
(b)  The district is essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution, and will serve a public use and benefit.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8110.051.  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 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.052.  ROAD PROJECTS.  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 or outside the district.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.053.  ROAD CONTRACTS.  The district may contract for a road project in the same manner as provided by Subchapter I, Chapter 49, Water Code.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.054.  CERTIFICATE OF CONVENIENCE AND NECESSITY.  (a)  The district may pay out of bond proceeds or other available district money all expenses, including legal, engineering, and other fees, related to obtaining a new certificate of convenience and necessity under Chapter 13, Water Code, authorizing the district to provide retail water or sewer service inside or outside the district.
(b)  The district may pay out of bond proceeds or other available district money all expenses, including the purchase price, related to acquiring certificate of convenience and necessity rights from another retail public utility to allow the district to provide retail water or sewer service in the district.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.055.  CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR SEWER SERVICES.  (a)  The district may enter into a contract to allow a political subdivision to provide retail water or sewer service in the district.  The contract may contain terms the board considers desirable, fair, and advantageous to the district.
(b)  The contract may provide that the district will construct or acquire and convey to the political subdivision a water supply or treatment system, a water distribution system, or a sanitary sewage collection or treatment system, as necessary to provide water or sewer service in the district.
(c)  The district may use bond proceeds or other available  district money to pay for its obligations and for services and facilities provided under the contract.
(d)  If the contract requires the district to make payments from taxes other than operation and maintenance taxes, the contract is subject to Section 49.108, Water Code.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

SUBCHAPTER C.  GENERAL FINANCIAL PROVISIONS

Sec. 8110.101.  OPERATION AND MAINTENANCE TAX.  (a)  The district may impose a tax for any district operation and maintenance purpose in the manner provided by Section 49.107, Water Code.
(b)  Section 49.107(f), Water Code, does not apply to reimbursements for projects constructed or acquired under Section 8110.052.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.102.  TAX TO REPAY BONDS.  The district may impose a tax to pay the principal of and interest on bonds issued under Section 8110.151.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

Sec. 8110.103.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS.  The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)  a telecommunications provider as defined by Section 51.002, Utilities Code;
(4)  a cable operator, as defined by 47 U.S.C. Section 522; or
(5)  a person who provides to the public advanced telecommunications services.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.

SUBCHAPTER D.  BONDS

Sec. 8110.151.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  In addition to the general authority to issue bonds under Chapters 49 and 54, Water Code, 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 Section 8110.052.
(b)  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.
(c)  The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8110.052 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.
(d)  Bonds or other obligations issued or incurred to finance projects authorized by Section 8110.052 may not exceed one-fourth of the assessed value of the real property in the district.
(e)  Sections 49.181 and 49.182, Water Code, do not apply to a project undertaken by the district under Section 8110.052 or to bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch. 547 (H.B. 1141), Sec. 2, eff. June 17, 2005.