CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
For contingent expiration of this chapter, see Section 8190.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8190.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Denton County Municipal Utility
District No. 7.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.002. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.003. FINDING OF PUBLIC USE AND BENEFIT. The district
is created to serve a public use and benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8190.023 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 Denton County 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.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.005. 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 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8190.025.
Sec. 8190.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2007, a person who owns land in the district may submit a
petition to the Texas Commission on Environmental Quality to
appoint as temporary directors the five persons named in the
petition.
(b) The commission shall appoint as temporary directors the five
persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office or if a
vacancy occurs in the office of temporary director, the vacancy
shall be filled as provided by Section 49.105, Water Code.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8190.023; or
(2) the date this chapter expires under Section 8190.004.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.022. 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 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 Denton County Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.023. 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 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.024. INITIAL ELECTED DIRECTORS; TERMS.The directors
elected under Section 8190.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors and which three shall serve until the second regularly
scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8190.051. DIRECTORS; 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.
793, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8190.101. 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.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.102. ROAD PROJECTS. (a) The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads, or improvements in aid of those roads.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations
of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located. If the
district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, a road project
must meet all applicable construction standards, zoning and
subdivision requirements, and regulations 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 resolution. If
the district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.103. ROAD CONTRACTS. The district may contract for a
road project in the manner provided by Subchapter I, Chapter 49,
Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8190.151. OPERATION AND MAINTENANCE TAX. The district may
impose a tax for any district operation and maintenance purpose
in the manner provided by Section 49.107, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.152. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 8190.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
Sec. 8190.153. 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 2007, 80th Leg., R.S., Ch.
793, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. BONDS
Sec. 8190.201. 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, and to finance the
construction, maintenance, or operation of projects under Section
8190.102.
(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.
(c) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance
projects authorized by Section 8190.102 unless the issuance is
approved by a vote of a two-thirds majority of district voters
voting at an election called for that purpose.
(d) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8190.102 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.
793, Sec. 1, eff. June 15, 2007.