SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE F. MUNICIPAL UTILITY DISTRICTS


For contingent expiration of this chapter, see Section 8257.003.


CHAPTER 8257. MAGNOLIA WOODS MUNICIPAL UTILITY DISTRICT NO. 1 OF MONTGOMERY, WALLER, AND GRIMES COUNTIES


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 8257.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Magnolia Woods Municipal Utility District No. 1 of Montgomery, Waller, and Grimes Counties.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.002. NATURE OF DISTRICT. The district is a municipal utility district in Montgomery, Waller, and Grimes Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8257.024 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Montgomery, Waller, and Grimes Counties 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.004. 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:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or other indebtedness; or

(4) the legality or operation of the district or the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS


Sec. 8257.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.052. 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. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES


Sec. 8257.101. 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 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.

(c) If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, subdivision requirements, and regulatory ordinances of each county in which the district is located.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.103. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030-53.034, 53.040, and 53.041, Water Code.

(c) Any new district created by the division of the district has all the powers and duties of the district.

(d) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.105. COMPLIANCE WITH MUNICIPAL ORDINANCES OR RESOLUTIONS. The district shall comply with all applicable requirements of any ordinance or resolution adopted by the governing body of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.106. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN POWER. (a) In this section, "recreational facilities" and "develop and maintain" have the meanings assigned by Section 49.462, Water Code.

(b) The district may develop and maintain recreational facilities.

(c) The district may not, for the development or maintenance of a recreational facility, acquire by condemnation land, an easement, or other property inside or outside the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


Sec. 8257.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8257.201.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

SUBCHAPTER E. BONDS


Sec. 8257.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. 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 a project under Section 8257.101, 8257.102, or 8257.106.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.202. BONDS FOR ROAD PROJECTS. (a) The district may not issue bonds or other obligations to finance projects authorized by Section 8257.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(b) Bonds or other obligations issued or incurred to finance projects authorized by Section 8257.102 may not exceed one-fourth of the assessed value of the real property in the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.

Sec. 8257.203. BONDS FOR RECREATIONAL FACILITIES. If authorized at an election under Section 49.4645, Water Code, the district may issue bonds payable from ad valorem taxes to pay for the development and maintenance of recreational facilities in accordance with Subchapter N, Chapter 49, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 1157 (S.B. 2014), Sec. 1, eff. September 1, 2007.