CHAPTER 8126. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8126. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
For contingent expiration of this chapter, see Sec. 8126.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8126.001. 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 Denton County Municipal Utility
District No. 6.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.002. NATURE OF DISTRICT. The district is a municipal
utility district in Denton County created under and essential to
accomplish the purposes of Section 52, Article III, and Section
59, Article XVI, Texas Constitution. The district is created to
serve a public use and benefit.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8126.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Denton County; 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, 2010.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.004. 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
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 49, 53, and 54, Water Code,
apply to the district.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8126.025
Sec. 8126.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2005, a person who owns land inside the boundaries of the
district may petition the Texas Commission on Environmental
Quality to appoint as temporary directors the five persons listed
in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one
petition, the commission shall appoint the directors listed in
the first petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8126.023; or
(2) the date this chapter expires under Section 8126.003.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, the temporary
directors shall meet at a location in the district agreeable to a
majority of the directors. If a location cannot be agreed upon,
the meeting shall be at the Denton County Courthouse. At the
meeting, the temporary directors shall elect officers from among
the temporary directors and conduct any other district business.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
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.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8126.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8126.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8126.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.052. 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.
774, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8126.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER SUPPLY
DISTRICT POWERS AND DUTIES. (a) Except as provided by
Subsections (b) and (c), the district has the powers and duties
provided by the general law of this state, including Chapters 49,
53, and 54, Water Code, applicable to municipal utility districts
and fresh water supply districts created under Section 52,
Article III, and Section 59, Article XVI, Texas Constitution.
(b) Sections 53.029(b), 53.030-53.034, and 53.040-53.043, Water
Code, do not apply to the district.
(c) If a provision of Chapter 53, Water Code, is in conflict or
inconsistent with this chapter or Chapter 54, Water Code, this
chapter and Chapter 54, Water Code, prevail.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.102. ROAD PROJECTS. (a) 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.
(b) A project authorized by this section must meet only the
construction standards adopted by the North Central Texas Council
of Governments, or its successor agency.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.103. 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.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.104. 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.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.105. 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 or lease 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.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements
of any ordinance or resolution adopted by the city council of the
City of Aubrey, including an ordinance or resolution adopted
before September 1, 2005, that consents to the creation of the
district or to the inclusion of lands within the district.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.107. 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
through 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 contain any land outside the area described by Section 2,
Chapter 774, Acts of the 79th Legislature, Regular Session, 2005.
Added by Acts 2007, 80th Leg., R.S., Ch.
1239, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8126.151. 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
8126.102.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.152. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8126.201.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.153. TAX FOR CONTRACTUAL OBLIGATIONS. The district
may impose a tax to pay for the district's contractual
obligations under Section 8126.103.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.
Sec. 8126.154. 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.
774, Sec. 1, eff. September 1, 2005.
SUBCHAPTER E. BONDS
Sec. 8126.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) 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
Sections 8126.101 and 8126.102.
(b) The district may not issue bonds to finance projects under
Section 8126.102 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.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8126.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181, 49.182, and 50.107, Water Code, do not
apply to a project undertaken by the district under Section
8126.102 or to bonds issued by the district to finance the
project.
Added by Acts 2005, 79th Leg., Ch.
774, Sec. 1, eff. September 1, 2005.