CHAPTER 8268. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 117
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8268. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
117
For contingent expiration of this chapter, see Section 8268.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8268.001. 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 Montgomery County Municipal Utility
District No. 117.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.002. NATURE OF DISTRICT. The district is a municipal
utility district in Montgomery 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.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8268.023 before September 1, 2015:
(1) the district is dissolved September 1, 2015, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Montgomery 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, 2016.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.004. 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 arterial or main feeder roads or
improvements in aid of those roads.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.005. 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.
1134, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8268.025.
Sec. 8268.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Arthur J. Sullivan, III;
(2) Linda Grant Jones;
(3) James H. Pouns;
(4) Lee Lupher; and
(5) Thomas Vann.
(b) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under Section
8268.023; or
(2) the date this subchapter expires under Section 8268.025.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.022. 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 meet at a location in the district agreeable to a
majority of the directors. At the meeting, the temporary
directors shall elect officers from among the temporary directors
and conduct any other district business.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
Not later than the second anniversary of the organizational
meeting held under Section 8268.022, the temporary directors
shall hold an election to confirm the creation of the district
and to elect five initial directors as provided by Section
49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.024. INITIAL ELECTED DIRECTORS; TERMS. Unless the
initial board otherwise agrees, the directors elected under
Section 8268.023 shall draw lots to determine which two shall
serve until the first regularly scheduled election of directors
under Section 8268.052 and which three shall serve until the
second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2015.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8268.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Except for temporary or initial directors, directors serve
staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.052. 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.
1134, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8268.101. 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.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, the district may
acquire, construct, or finance a road that meets the criteria or
requirements for a thoroughfare, arterial, or collector road of
the county in which the road is located or the municipality in
whose corporate limits or extraterritorial jurisdiction the road
is located or improvements in aid of that road.
(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.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.103. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN
POWER. (a) In this section, "recreational facilities" and
"develop and maintain" have the meanings assigned by Section
49.462, Water Code.
(b) The district may develop and maintain recreational
facilities.
(c) The district may not, for the development or maintenance of
a recreational facility, acquire by condemnation land, an
easement, or other property inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements
of any ordinance or resolution adopted by the governing body of
the municipality that consents to the creation of the district or
to the inclusion of lands within the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8268.151. 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.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8268.151, 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.
1134, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8268.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.202. BONDS FOR ROAD PROJECTS. (a) The district may
not issue bonds to finance projects authorized by Section
8268.102 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.
(b) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8268.102 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.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.203. BONDS FOR RECREATIONAL FACILITIES. If authorized
at an election under Section 8268.151, the district may issue
bonds payable from ad valorem taxes to pay for the development
and maintenance of recreational facilities.
Added by Acts 2007, 80th Leg., R.S., Ch.
1134, Sec. 1, eff. June 15, 2007.
Sec. 8268.204. 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.
1134, Sec. 1, eff. June 15, 2007.