CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8247.001. 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 York Valley Municipal Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.002. NATURE OF DISTRICT. The district is a municipal
utility district in Guadalupe County created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.003. CONFIRMATION ELECTION REQUIRED. The board shall
hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All
land and other property included in the district will benefit
from the improvements and services to be provided by the
district.
(b) The district is created to accomplish:
(1) the purposes of a municipal utility district as provided by
general law; and
(2) to the extent authorized by Section 52, Article III, Texas
Constitution, the construction, acquisition, improvement,
maintenance, or operation of macadamized, graveled, or paved
roads, or improvements in aid of those roads.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.005. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8247.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Except as provided by Section 8247.052, directors serve
staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Greg Hammonds;
(2) Carole Baker;
(3) Jimmy Kull;
(4) Marcy Steward; and
(5) William Meyer.
(b) Unless the initial board otherwise agrees, the initial
directors shall draw lots to determine which two directors shall
serve until the first regularly scheduled election of directors
and which three directors shall serve until the second regularly
scheduled election of directors.
(c) This section expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8247.101. 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.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, 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 standards,
regulations, and ordinances of the municipality or county in
whose jurisdiction the district is located.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.103. DIVISION OF DISTRICT. (a) The district may be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) Any new district created by the division of the district has
all the powers and duties of the district.
(c) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owners of a majority of the assessed value of real
property in the district according to the most recent certified
appraisal roll for the county in which the district is located,
may adopt an order dividing the district.
(e) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between
each new district.
(f) On or before the 30th day after the adoption of an order
dividing the district, the district shall file the order dividing
the district with the Texas Commission on Environmental Quality
and record the order in the real property records of the county
in which the district is located.
(g) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 49.102, Water Code.
(h) Any new district created by the division of the district
must hold an election in the manner provided by Chapters 49 and
54, Water Code, to obtain voter approval before the district may
impose a maintenance tax or issue bonds payable wholly or partly
from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.104. FIREFIGHTING AND EMERGENCY MEDICAL SERVICES. (a)
The district may establish, operate, and maintain, or contract
with another political subdivision for the joint operation of, a
fire department to perform all firefighting and emergency medical
services in the district in accordance with Subchapter L, Chapter
49, Water Code.
(b) The district may issue bonds or impose a mandatory fee, with
voter approval, for financing a fire plan approved in accordance
with Section 49.351, Water Code, including the construction and
purchase of necessary buildings, facilities, land, and equipment
and the provision of an adequate water supply.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8247.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any
source other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an operation and maintenance tax or issue
bonds payable from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8247.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8247.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(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 any authorized district purpose.
(b) The district may not issue bonds to finance projects
authorized by Section 8247.102 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 8247.102 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.
196, Sec. 1, eff. May 23, 2007.
Sec. 8247.202. TAXES FOR BONDS. At the time bonds payable
wholly or partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem
tax, without limit as to rate or amount, for each year that all
or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem tax on all
taxable property in the district in an amount sufficient to:
(A) pay the interest on the bonds as the interest becomes due;
(B) create a sinking fund for the payment of the principal of
the bonds when due or the redemption price at any earlier
required redemption date; and
(C) pay the expenses of imposing the taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
196, Sec. 1, eff. May 23, 2007.