CHAPTER 8256. PLATINUM RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF GRAYSON COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8256. PLATINUM RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
GRAYSON COUNTY
For contingent expiration of this chapter, see Section 8256.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8256.001. 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 Platinum Ranch Municipal Utility
District No. 1 of Grayson County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.002. NATURE OF DISTRICT. The district is a municipal
utility district in Grayson 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.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8256.055 before September 1, 2009:
(1) the district is dissolved September 1, 2009, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Grayson 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, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 6.02 of
the article creating this chapter.
(b) The boundaries and field notes contained in Section 6.02 of
the article 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 other
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.005. ANNEXATION INTO CITY OF GUNTER. (a)
Notwithstanding any other law, if all of the territory of the
district is annexed by the City of Gunter into the corporate
limits of that municipality before the date of the election held
to confirm the creation of the district, the district is not
dissolved and shall continue in full force and effect.
(b) Any future annexation or inclusion of additional territory
into a district governed by this chapter may not occur unless the
City of Gunter is allowed to voluntarily annex the same territory
into the municipality's corporate limits.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.006. DISSOLUTION. Section 43.074, Local Government
Code, applies to the dissolution of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8256.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Except as provided by Section 8256.053, directors serve
staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.052. 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 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
For expiration of this section, see Subsection (c).
Sec. 8256.053. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Mark McClure;
(2) Greg Meador;
(3) Lance Hancock;
(4) David Howell; and
(5) Mark Smith.
(b) The terms of the first three directors named in Subsection
(a) expire on the uniform election date in May 2008, and the
terms of the last two directors named in Subsection (a) expire on
the uniform election date in May 2010.
(c) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.054. INCORPORATION OF DISTRICT TERRITORY INTO
MUNICIPALITY REQUIRED. The directors may not hold an election
under Section 8256.055 until all of the territory of the district
is included in the corporate limits of the City of Gunter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.055. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The initial directors shall hold an election to confirm the
creation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8256.101. 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) Notwithstanding Subsection (a), the district may not act as
a retail provider of water or wastewater service.
(c) The district shall make the district's water and wastewater
facilities available to an entity holding the applicable
certificate of convenience and necessity.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.102. 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 turnpikes, or improvements in aid of
those roads, inside the district.
(b) A road project must meet all applicable construction
standards, subdivision requirements, and regulatory ordinances of
the municipality in whose corporate limits or extraterritorial
jurisdiction the district is located.
(c) If a portion of the territory of the district is excluded
from the corporate limits of the City of Gunter, the district
shall:
(1) improve, maintain, repair, and operate the roads located in
that portion of territory in accordance with the ordinances and
rules of the political subdivision possessing jurisdiction over
the roads in that portion of territory; and
(2) pay the entire cost of performing the district's duties
under Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
Sec. 8256.103. DIVISION OF DISTRICT. (a) The district may be
divided into two new districts only if:
(1) the district has no outstanding bonded debt;
(2) the district is not imposing ad valorem taxes; and
(3) each new district is within the corporate limits of the City
of Gunter.
(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) At the time of creation, any new district created by the
division of the district may not contain any land outside the
area described by Section 6.02 of the article creating this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8256.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds or other
obligations issued under Section 8256.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
1129, Sec. 6.01, eff. September 1, 2007.
SUBCHAPTER E. BONDS
Sec. 8256.201. 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 a project under
Section 8256.101 or 8256.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8256.102 unless the issuance is approved by
a vote of a two-thirds majority of the district voters voting at
an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8256.102 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.
1129, Sec. 6.01, eff. September 1, 2007.