CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8282. FALCON'S LAIR UTILITY AND RECLAMATION DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8282.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the city of Mesquite.
(3) "District" means the Falcon's Lair Utility and Reclamation
District.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 52,
Article III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries of
the district will benefit from the works and projects
accomplished by the district under the powers conferred by this
chapter.
(c) The creation of the district is essential to accomplish the
purposes of Section 52, Article III, and Section 59, Article XVI,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS
TO DISTRICT TERRITORY
Text of section effective on April 01, 2011
Sec. 8282.051. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 5(a), Chapter 935,
Acts of the 69th Legislature, Regular Session, 1985, as that
territory may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or validity;
(2) the district's right or power to issue bonds for the
purposes for which the district is created or to pay the
principal of and interest on the bonds;
(3) the district's authority to impose a tax;
(4) the validity of any contract, agreement, or obligation of
the district; or
(5) the legality of the operations or proceedings of the
district or the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.052. CITY APPROVAL REQUIRED FOR ANNEXATION. The
district must secure the approval of the city, in the form of an
ordinance or resolution of the city council of the city, before
final annexation of additional land to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER C. DISTRICT ADMINISTRATION
Text of section effective on April 01, 2011
Sec. 8282.101. COMPOSITION OF BOARD; TERMS. (a) The board
consists of five directors.
(b) Directors serve staggered four-year terms, with the terms of
two or three directors expiring every other year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.102. VACANCY. (a) Except as provided by Subsection
(b), if a vacancy occurs in the office of director, the remaining
directors shall appoint a person to fill the vacancy until the
next election of directors for the district. If the vacant
position is not regularly scheduled to be filled at that
election, the person elected at that election to fill the vacancy
serves only for the unexpired term.
(b) If the number of qualified directors by reason of vacancies
is fewer than three, the city council of the city, on petition of
the owners of a majority in value of the land in the district, as
shown by the tax rolls of the city, shall appoint the necessary
number of directors to fill all vacancies on the board.
(c) The city may not be found liable for an act relating to a
district obligation or the operation of the district because of
the city's appointment of a director as prescribed by Subsection
(b).
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.103. OFFICERS AND ASSISTANTS. (a) The board shall
reorganize and elect officers after each election and at any
other time the board considers appropriate.
(b) The board may designate one or more assistant secretaries
and an assistant treasurer. An assistant secretary or assistant
treasurer is not required to be a director.
(c) The board secretary or one of the assistant secretaries:
(1) shall keep the minutes of the meetings of the board and all
official records of the board; and
(2) may certify as to the accuracy or authenticity of any
actions, proceedings, minutes, or records of the board or of the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.104. COMPENSATION. Unless the board by resolution
increases the fee to an amount authorized by Section 49.060,
Water Code, each director is entitled to receive compensation in
an amount not to exceed $50 for each meeting of the board, as
determined by the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.105. BOARD PROCEDURES. The board shall provide the
method of execution of all contracts, the signing of checks, and
the handling of any other matter approved by the board, as shown
in the district's official minutes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER D. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8282.151. MUNICIPAL UTILITY DISTRICT POWERS. The district
has the rights, powers, privileges, and functions conferred,
contemplated, and described by Section 59, Article XVI, Texas
Constitution, including the rights, powers, privileges, and
functions conferred by the general law applicable to municipal
utility districts operating under Chapter 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.152. AUTHORITY TO CONSTRUCT OR ACQUIRE WORKS AND
FACILITIES. Subject to compliance with applicable codes,
ordinances, resolutions, and rules of the city, the district may
plan, lay out, purchase, construct, acquire, own, operate,
maintain, repair, or improve, inside or outside the boundaries of
the district, any works, improvements, facilities, plants,
equipment, and appliances, including any administrative
buildings, properties, and facilities, any permits, franchises,
licenses, or contract or property rights, and any levees, drains,
waterways, lakes, reservoirs, channels, conduits, sewers, dams,
storm water detention facilities, or other similar facilities and
improvements, whether for municipal, industrial, agricultural,
recreational, conservation, reclamation, or flood control
purposes, that are necessary, helpful, or incidental to the
exercise of any right, power, privilege, or function provided by
this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.153. ROADS. (a) To the extent authorized by Section
52, Article III, Texas Constitution, the district may provide for
the construction, maintenance, and operation of a macadamized,
graveled, or paved road or turnpike, or a work, facility, or
improvement in aid of a road or turnpike, inside or outside the
district's boundaries.
(b) Subject to compliance with Sections 8282.252(a) and (b), the
district may issue, sell, and deliver bonds, notes, or other
district obligations for a purpose described by Subsection (a)
and may impose taxes to pay the bonds.
(c) Without the city's consent and approval, the district may
not undertake to construct, maintain, operate, repair,
reconstruct, cross, or intersect any city street or road.
(d) Sections 49.181, 49.182, and 54.5161, Water Code, do not
apply to projects undertaken by the district under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.154. IMPROVEMENT PROJECTS AND SERVICES. (a) The
board may undertake an improvement project or service that
confers a special benefit on all or a definable part of the
district.
(b) The board may levy and collect special assessments on
property in the area described by Subsection (a), based on the
benefit conferred by the improvement project or service, to pay
all or part of the cost of the project or service.
(c) An improvement project or service provided by the district
may include the acquisition, construction, or financing of water,
wastewater, or drainage facilities, streets, sidewalks, or
roadways.
(d) Sections 375.113-375.124, Local Government Code, apply to
the financing of an improvement project or service under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.155. FIRE DEPARTMENT. (a) The district may
establish, operate, and maintain a fire department to perform all
firefighting activities in the district and may issue bonds and
impose taxes to pay for the department and the activities, as
authorized by Section 59(f), Article XVI, Texas Constitution, and
Section 49.351, Water Code. For purposes of this chapter, a
reference in Section 49.351, Water Code, to the Texas Commission
on Environmental Quality or the executive director of the
commission means the city council of the city.
(b) The city has the superior right to provide the degree of
firefighting services the city considers to be in the city's best
interests.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.156. DISTRICT CONTRACTS. (a) Except as provided by
this section, a contract for the purchase or construction of
materials, machinery, or other things used to constitute the
district's works, improvements, facilities, plants, equipment, or
appliances must be advertised, let, and awarded as provided by
Section 49.273, Water Code.
(b) If the district determines, after a contract has been
awarded, that additional work is needed or that the character or
type of the work or facilities should be changed, the board may
authorize change orders to the contract on terms the board
approves, provided the change does not increase the total cost of
the contract by more than 25 percent.
(c) The district must seek informal competitive bids or
proposals from at least three bidders if:
(1) the estimated amount of a proposed construction contract is
more than $5,000 but less than $25,000; or
(2) the duration of a proposed construction contract is more
than two years.
(d) A contract must be written and awarded to the lowest and
best bidder.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.157. GENERAL CONTRACTING AUTHORITY. (a) The district
may contract with the United States, this state or its agencies,
the city, any other public agency or entity, or an individual,
corporation, or other entity for the operation and maintenance or
the construction of any facility or improvement authorized by
this chapter.
(b) A contract that obligates the district to make payments in
whole or in part from ad valorem taxes, other than maintenance
taxes, is subject to approval at an election held under the same
procedures required for the issuance of bonds payable from ad
valorem taxes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.158. WATER AND SEWER CONTRACTS. (a) The district and
the city may enter into, execute, and perform contracts under
Section 552.014, Local Government Code, as they consider to be
appropriate and mutually advantageous.
(b) A contract under this section may provide for the district's
acquisition for the benefit of the city and the district's
conveyance to the city of, and the city's acceptance and
ownership of and payment for, all or any designated portion of
any of the works, facilities, improvements, equipment,
appliances, properties, and contract rights as provided by
Section 552.014, Local Government Code, that:
(1) the district is authorized under this chapter to purchase,
acquire, construct, own, or improve; and
(2) the city, under its home-rule charter or under general law,
would have been or may be authorized to purchase, acquire,
construct, own, or improve in its own name or behalf.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.159. EMINENT DOMAIN. (a) The district may exercise
the power of eminent domain in the manner, with the privileges,
rights, and immunities, and subject to the conditions and
limitations provided by Sections 49.222 and 49.223, Water Code,
to acquire land, an easement, a right-of-way, or other property
or improvement that is or may be needed to carry out the
district's powers, purposes, and functions.
(b) Without the city's advance written consent and approval, the
district may not begin eminent domain proceedings for a purpose
described by Subsection (a).
(c) Without approval by city ordinance or resolution, the
district may not exercise the power of eminent domain to acquire
any land, easement, right-of-way, or other property or
improvement owned by the city or any city agency or
instrumentality.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.160. PROVISION OF WATER AND SEWER SERVICES BY CITY.
(a) Notwithstanding Section 8282.157(a), to the extent that the
city considers practical, the city may provide water supply and
sewer services to residential retail customers in the district
and may provide water supply and wastewater treatment services to
the district, under a mutually agreeable contract or otherwise.
(b) The district is responsible for an off-site extension that
is required to provide water supply and sewer service.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.161. REGULATORY AUTHORITY. (a) With respect to
district property, the district has the regulatory and police
power provided by Chapters 49 and 54, Water Code, except as
limited by this section.
(b) Except with respect to any rules relating to the operation,
use, or occupancy of the lakes, reservoirs, levees, channels,
drains, dams, and contiguous or adjacent facilities constructed
or to be constructed and owned or controlled by the district, the
board may not adopt a rule that includes a penal provision to be
enforced by a district peace officer unless the city has approved
the adoption of the rule. The proposed rule must be presented to
the city for the city's review and approval at least 30 days
before the rule's effective date.
(c) The district may not adopt a penal rule that conflicts or is
inconsistent with any ordinance of general applicability in the
city.
(d) The district may not adopt or enforce a rule relating to the
city's streets or roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.162. POLICE PROTECTION. Except for providing for the
security of lakes, reservoirs, levees, channels, drains, dams,
and contiguous and adjacent facilities, excluding parks and
streets owned or controlled by the district, the district may not
provide peace officers or have responsibility for police
protection in the city's corporate limits. That function is a
responsibility of the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.163. DISTRICT ELECTIONS. (a) The board shall order
each election the district is required to hold.
(b) Notice of a district election must be published once a week
for two consecutive weeks in a newspaper with general circulation
in the city, with the first publication occurring at least 14
days before the date of the election.
(c) A district election held for any purpose may be held
separately or at the same time as an election for another purpose
including a director or maintenance tax election that may be held
on the same day as a bond election or another election. An
election held at the same time as an election for another purpose
may be called by the board in a single election order, and the
results may be canvassed in a single order.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.164. APPLICABILITY OF CITY ORDINANCES, CODES,
RESOLUTIONS, AND RULES. Except as expressly provided, this
chapter does not exempt the district from the terms of any
applicable ordinances, codes, resolutions, or rules of the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8282.201. GENERAL FINANCIAL POWERS. The board may:
(1) spend and borrow money;
(2) issue bond anticipation notes and tax anticipation notes;
(3) impose maintenance taxes; and
(4) carry out all acts and exercise all powers provided by
Subchapter E, Chapter 49, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.202. TAX METHOD. (a) The district shall use the ad
valorem plan of taxation.
(b) Subchapter G, Chapter 54, Water Code, applies to all matters
relating to the imposition of district taxes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.203. TAX COLLECTOR. (a) The board shall appoint a
person as tax collector for the district and may appoint deputies
considered necessary.
(b) Each person appointed under this section shall qualify by
executing a bond in the amount of $10,000 payable to the
district, approved by the board, and conditioned on the faithful
performance of the person's duties.
(c) The board shall set the compensation for the tax collector
and any deputy tax collector.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.204. USE OF MAINTENANCE TAX. (a) The board may use
and pledge the proceeds received from all or any designated
portion of the district's maintenance taxes for any lawful
purpose, other than the payment of the principal of or interest
on bonds. Bonds must be paid from taxes imposed separately to
the extent that those bonds are required to be paid from taxes.
(b) The district may not use maintenance taxes for the purpose
of maintaining, repairing, operating, or improving any of the
works, facilities, and improvements described by Section 8282.153
until the district has complied with Sections 8282.252(a) and
(b).
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.205. DEPOSIT AND SECURITY OF DISTRICT MONEY. (a) The
district's treasurer shall have district money deposited and
invested in the district's depository bank or other banks or
savings associations selected by the district's authorized
investment officers.
(b) To the extent that deposited or invested money is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.206. INVESTMENT OF DISTRICT MONEY. At the direction
of the board or any other authorized district representative or
investment officer, district money may be invested in direct or
indirect obligations of the United States, the state, or any
political subdivision of the state, or may be placed in
certificates of deposit of state or national banks or savings and
loan associations in this state, if that money is secured in the
manner provided for the security of county funds.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER F. BONDS
Text of section effective on April 01, 2011
Sec. 8282.251. AUTHORITY TO ISSUE BONDS. The board may issue
bonds as provided by general law, including Sections
54.501-54.515 and 54.518-54.521, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.252. AUTHORITY TO ISSUE BONDS FOR ROADS AND TURNPIKES.
(a) The district may not issue bonds for a purpose described
by Section 8282.153 unless the bonds are approved by a vote of a
two-thirds majority of the voters voting in the district or the
territory to be affected by the bonds.
(b) Bonds, notes, or other district obligations issued or
incurred for a purpose described by Section 8282.153 may not
exceed one-fourth of the assessed valuation of the real property
of the district or the territory to be affected by the bonds.
(c) Sections 49.181, 49.182, and 54.5161, Water Code, do not
apply to bonds issued by the district as provided by this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.253. AUTHORITY TO ISSUE BONDS FOR IMPROVEMENT PROJECTS
OR SERVICES. (a) To pay all or part of the costs of an
improvement project or service under Section 8282.154, the board
may issue bonds in one or more series payable from and secured by
ad valorem taxes, assessments, impact fees, revenues, grants,
gifts, contracts, or leases or any combination of those sources
of money.
(b) Bonds issued under this section may be liens on all or part
of the revenue derived from improvements authorized under Section
8282.154, including installment payments of special assessments
or from any other source pledged to their payment.
(c) Sections 375.202-375.206, Local Government Code, apply to
bonds issued under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8282.254. OBLIGATIONS. (a) In this section, "obligation"
means a bond, note, lease-purchase agreement, or installment sale
obligation of the district.
(b) The principal amount of the district's obligations that are
payable from assessments imposed by the district may be in an
amount that does not exceed the aggregate appraised value of the
property in the district, as established by an independent
appraisal by a member of the Appraisal Institute.
(c) The appraised value of the property in the district
established for ad valorem tax purposes does not limit the
principal amount of the obligations that may be issued by the
district under Subsection (b).
(d) The city is not required to pay the principal of and
interest on an obligation issued by the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.