CHAPTER 8226. CINCO SOUTHWEST MUNICIPAL UTILITY DISTRICT NO. 3

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8226. CINCO SOUTHWEST MUNICIPAL UTILITY DISTRICT NO. 3

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8226.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a board member.

(3) "District" means the Cinco Southwest Municipal Utility

District No. 3.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.

Sec. 8226.002. NATURE OF DISTRICT. (a) The district is a

municipal utility district created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

(b) The district, to the extent authorized by Section 8226.052

and Section 52, Article III, Texas Constitution, has road powers.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.

Sec. 8226.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land

and other property in the district will benefit from the

improvements and services to be provided by the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8226.051. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

(a) 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.

(b) The district has the powers and duties necessary to

accomplish the purposes for which the district is created.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.

Sec. 8226.052. ROAD PROJECTS. (a) Under Section 52, Article

III, Texas Constitution, the district may finance, construct, or

acquire a road project as provided by this section.

(b) The district shall employ or contract with a licensed

engineer to certify whether a proposed road project meets the

criteria for a thoroughfare, arterial, or collector road of:

(1) a county in whose jurisdiction the proposed road project is

located; or

(2) a municipality in whose corporate limits or extraterritorial

jurisdiction the proposed road project is located.

(c) The district may finance, construct, or acquire a road that

has been certified by the licensed engineer as a thoroughfare,

arterial, or collector road, or any improvements in aid of the

road.

(d) A road project must meet all applicable standards,

regulations, ordinances, or orders of:

(1) each municipality in whose corporate limits or

extraterritorial jurisdiction the road project is located; and

(2) each county in which the road project is located if the road

project is not located in the corporate limits of a municipality.

(e) The district may, with the consent of the municipality or

county, convey a completed road project to:

(1) a municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located; or

(2) a county in which the road project is located.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.

SUBCHAPTER C. BONDS

Sec. 8226.101. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS

FOR ROAD PROJECTS. (a) 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, to pay for road projects.

(b) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

by a vote of a two-thirds majority of district voters voting at

an election held for that purpose.

(c) The total principal amount of bonds, notes, or other

obligations issued or incurred to finance the road projects may

not exceed one-fourth of the assessed value of the real property

in the district according to the most recent certified appraisal

roll for Fort Bend County.

Added by Acts 2007, 80th Leg., R.S., Ch.

585, Sec. 1, eff. June 16, 2007.