CHAPTER 8109. CLL MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8109. CLL MUNICIPAL UTILITY DISTRICT NO. 1
For contingent expiration of this chapter, see Sec. 8109.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8109.001. 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 CLL Municipal Utility District No. 1.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.002. NATURE OF DISTRICT. The district is a municipal
utility district in Bell and Williamson Counties created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8109.023 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Bell and Williamson Counties in proportion to the
contribution of money made; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2014.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.004. 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; or
(3) the legality or operation of the board.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 30, 49, and 54, Water Code,
apply to the district.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8109.025
Sec. 8109.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Bobby Steiner;
(2) S. Tim Casey;
(3) Raymond James Chatelain;
(4) Glenn Russell Chiappe; and
(5) William M. Coltharp.
(b) A temporary director is not required to own land in or
reside in the district.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8109.023; or
(2) the date this chapter expires under Section 8109.003.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, a majority of the
temporary directors shall convene the organizational meeting of
the district at a location in the district agreeable to a
majority of the directors. If a location cannot be agreed upon,
the organizational meeting shall be at the Williamson County
Courthouse.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five directors as
provided by Section 49.102, Water Code. If the creation of the
district is not confirmed at the initial election, the temporary
directors may hold a second election not sooner than the first
anniversary of the initial election.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8109.023 shall draw lots to determine which
two shall serve terms expiring June 1 following the first
regularly scheduled election of directors under Section 8109.052
and which three shall serve until June 1 following the second
regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8109.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms that expire June 1
of even-numbered years.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.052. 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 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS
Sec. 8109.101. DIVISION OF DISTRICT; PREREQUISITES. (a) At any
time before the district issues indebtedness secured by taxes or
net revenues, the district, including any annexed territory, may
be divided into an original district and one or more new
districts. The board shall determine which portion of the
divided area constitutes the original district.
(b) A district created by division of the original district
under Subsection (a) may further subdivide as determined by the
board of that district.
(c) After a division under Subsection (a) or (b), the original
district and any new district created must be at least 85 acres.
(d) The board by resolution may declare an intent to divide the
district. The resolution must:
(1) set the terms of the division, including a plan for the
payment or performance of any outstanding district obligations;
and
(2) contain a metes and bounds description for each district,
including the modified original district.
(e) Section 42.042, Local Government Code, and Section 54.016,
Water Code, do not apply to the creation of a new district by
division under this subchapter.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.102. DISTRICT DIVISION BY ELECTION. (a) Except as
provided by Section 8109.103, the board shall hold an election in
the district to determine whether the district should be divided
as proposed under Section 8109.101(d).
(b) The board shall give notice of the election not later than
the 20th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes are cast in favor of the
division, the district is divided.
(d) If less than a majority of the votes are cast in favor of
the division, the district may not be divided.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.103. DISTRICT DIVISION BY CONSENT. (a) The board may
approve and order the division of the district without an
election if the board has received written consent to the
proposed division from all title holders of the land in the
district as indicated by the tax rolls of the central appraisal
district of each county in which the district is located.
(b) If the board orders the division without an election, the
district is divided as of the date of the order.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.104. NOTICE OF DIVISION. Not later than the 30th day
after the date of a division under this subchapter, the district
shall provide written notice of the plan for division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which a new
district is located; and
(4) any municipality having extraterritorial jurisdiction over
territory in each new district.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.105. DISTRICT NAMES FOLLOWING DIVISION. The area
designated by the board as the original district retains the name
of the original district. The resulting new districts are
assigned consecutive letters to be appended to the name of the
original district.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.106. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)
After a division under this subchapter, the board shall continue
to act as the board of the original district.
(b) Not later than the 90th day after the date of the division,
the board shall appoint five directors for each of the new
districts. A person appointed under this subsection is not
required to own land in or reside in the district for which the
person is appointed.
(c) Directors of the original district serve the staggered terms
to which they were elected before the division. Directors
appointed under Subsection (b) serve until June 1 following the
election for directors under Subsection (d).
(d) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in
each district for which directors were appointed under Subsection
(b). Of the five directors elected in each district, the three
directors receiving the greatest number of votes shall serve
terms expiring June 1 following the second regularly scheduled
election of directors under Subsection (e), and the remaining two
directors shall serve terms expiring June 1 following the first
regularly scheduled election of directors.
(e) Except as provided by Subsection (d), directors serve
staggered four-year terms. On the uniform election date in May
of each even-numbered year, the appropriate number of directors
shall be elected.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.107. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and
has all powers of the original district created by this chapter.
(b) If the district is divided as provided by this subchapter,
the current obligations and any bond authorizations of the
district are not impaired. Debts shall be paid by revenues or by
taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from
each new district as stated in the terms set by the board in the
plan for division.
(c) Any other district obligation shall be divided pro rata
among the new districts and the original district on an acreage
basis or on other terms that are satisfactory to the new
districts.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.
Sec. 8109.108. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other and with the original
district for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts consider
appropriate.
Added by Acts 2005, 79th Leg., Ch.
566, Sec. 1, eff. September 1, 2005.