CHAPTER 8321. SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 5

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8321. SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 5

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8321.001. DEFINITION. In this chapter, "district" means

the Sienna Plantation Municipal Utility District No. 5.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec. 8321.002. NATURE AND PURPOSES 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 is essential to accomplish the purposes of

Section 52, Article III, Texas Constitution, that relate to the

construction, acquisition, improvement, operation, or maintenance

of macadamized, graveled, or paved roads, or improvements,

including storm drainage, in aid of those roads.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8321.051. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes described

by Section 8321.002.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec. 8321.052. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec. 8321.053. AUTHORITY FOR ROAD PROJECTS. Under Section 52,

Article III, Texas Constitution, the district may design,

acquire, construct, finance, issue bonds for, improve, operate,

maintain, and convey to this state, a county, or a municipality

for operation and maintenance macadamized, graveled, or paved

roads, or improvements, including storm drainage, in aid of those

roads.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec. 8321.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road

project must meet all applicable construction standards, zoning

and subdivision requirements, and regulations of each

municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the road project

must meet all applicable construction standards, subdivision

requirements, and regulations of each county in which the road

project is located.

(c) If the state will maintain and operate the road, the Texas

Transportation Commission must approve the plans and

specifications of the road project.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec 8321.055. LIMITATION ON USE OF EMINENT DOMAIN. The district

may not exercise the power of eminent domain outside the district

to acquire a site or easement for a road project authorized by

Section 8321.053.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS

Sec. 8321.101. 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, contract payments, grants, or other

district money, or any combination of those sources, to pay for a

road project authorized by Section 8321.053.

(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 the district voters voting

at an election held for that purpose.

(c) At the time of issuance, the total principal amount of bonds

or other obligations issued or incurred to finance road projects

and payable from ad valorem taxes may not exceed one-fourth of

the assessed value of the real property in the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.

Sec. 8321.102. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the

district shall provide for the annual imposition of a continuing

direct ad valorem tax, without limit as to rate or amount, while

all or part of the bonds are outstanding as required and in the

manner provided by Sections 54.601 and 54.602, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

209, Sec. 1, eff. May 27, 2009.