CHAPTER 8110. VERANDAH MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY
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, 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, 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, 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, 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, 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, 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, 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, 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, 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, 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, Sec. 2, eff. June 17, 2005.