CHAPTER 8136. ROCKWALL COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 6, 7, 8, and 9
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8136. ROCKWALL COUNTY MUNICIPAL UTILITY DISTRICTS
NOS. 6, 7, 8, and 9
For contingent expiration of this chapter, see Sec. 8136.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8136.001. DEFINITIONS. In this chapter:
(1) "Board" or "boards" means, as appropriate, the board of
directors of one or all of the districts.
(2) "Director" means a member of the board.
(3) "District" or "districts" means, as appropriate, one or all
of the Rockwall County Municipal Utility Districts Nos. 6, 7, 8,
and 9.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.002. NATURE OF DISTRICT. Each district is a municipal
utility district in Rockwall County created under and essential
to accomplish the purposes of Section 52, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.003. CONFIRMATION ELECTION REQUIRED. If the creation
of a district is not confirmed at a confirmation election held
under Section 8136.023 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 Rockwall County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) the provisions of this chapter relating to that district
expire September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.004. INITIAL DISTRICT TERRITORY. (a) Each district
is initially composed of the territory described by Section 2 of
the Act creating this chapter.
(b) The boundaries and field notes of each district, as
described 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 district or the board.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 49 and 54, Water Code, apply
to the districts.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8136.025
Sec. 8136.021. TEMPORARY DIRECTORS. (a) The temporary board of
each district consists of the following persons:
(1) Rockwall County Municipal Utility District No. 6:
(A) Sherry Kent Skinner;
(B) Chris Smith;
(C) Jill Thrasher;
(D) Kevin B. Tucker; and
(E) Berry Watts;
(2) Rockwall County Municipal Utility District No. 7:
(A) Larry Christensen;
(B) Martha Ann Cook;
(C) Terry Jones;
(D) Sandy Sinks; and
(E) Michael W. Skinner;
(3) Rockwall County Municipal Utility District No. 8:
(A) David M. Cook, Sr.;
(B) Lisa Gheen;
(C) Linda Nelson;
(D) Charles Sinks II (Chuck); and
(E) Karen D. Wilson; and
(4) Rockwall County Municipal Utility District No. 9:
(A) Nicholas Helge;
(B) Thaddeus James Parker (Thad);
(C) Jennifer Lynne Clark;
(D) Michael Joseph McCrea, Jr. (Mike); and
(E) Andrea Brandon Roland.
(b) If a temporary director fails to qualify for office, the
remaining temporary directors of that district shall appoint a
person to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8136.023; or
(2) the date the provisions of this chapter relating to that
district expire under Section 8136.003.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors of a
district have qualified under Section 49.055, Water Code, the
temporary directors of that district shall meet at a location in
the district agreeable to a majority of the directors of that
district. If a location cannot be agreed upon, the meeting shall
be at the Rockwall 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.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The temporary directors of each district 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.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
of each district elected under Section 8136.023 shall draw lots
to determine which two shall serve until the first regularly
scheduled election of directors under Section 8136.052 and which
three shall serve until the second regularly scheduled election
of directors.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8136.051. DIRECTORS; TERMS. (a) Each district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors of each district shall be elected.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8136.101. GENERAL POWERS. Each district has all of the
rights, powers, privileges, authority, functions, 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.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, each district may
construct, maintain, or operate paved roads or works, facilities,
or improvements in aid of those roads, inside the district.
(b) A road project must meet or exceed 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.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which
the district is located.
(c) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.103. ADDING LAND BY PETITION OF LANDOWNER. Each
district may only add land to the district in the manner provided
by Section 49.301, Water Code, if a landowner petitions for the
addition of land that is:
(1) adjacent to the boundaries of the district; or
(2) separated from the district by public land or right-of-way.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
Sec. 8136.104. EMINENT DOMAIN. (a) Each district may exercise
the power of eminent domain within the boundaries of the district
for all public purposes.
(b) Each district may exercise the power of eminent domain
outside the boundaries of the district only for the purpose of
constructing, acquiring, operating, repairing, or maintaining
water supply lines or sanitary sewer lines.
(c) Each district shall exercise the power of eminent domain in
the same manner as required for a county.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8136.151. TAX TO REPAY BONDS. Each district may impose a
tax to pay the principal of or interest on bonds issued to
finance projects under Section 8136.102.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.
SUBCHAPTER E. BONDS
Sec. 8136.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) Each 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 8136.101 and 8136.102.
(b) A district may not issue bonds to finance projects
authorized by Section 8136.102 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 8136.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to a
project undertaken by a district under Section 8136.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
455, Sec. 1, eff. June 17, 2005.