CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8325.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lake Weatherford Municipal Utility
District No. 2.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.002. NATURE OF DISTRICT. The district is a municipal
utility district created under Section 59, Article XVI, Texas
Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
The temporary directors shall hold an election to confirm the
creation of the district and to elect five permanent directors as
provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 8325.003 until
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located has consented by ordinance
or resolution to the creation of the district and to the
inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by general law and
Section 59, Article XVI, Texas Constitution; and
(2) 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.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.006. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2(b) of
the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2(b) 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 a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8325.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8325.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or
owners of a majority of the assessed value of the real property
in the district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
8325.003; or
(2) the fourth anniversary of the effective date of the Act
creating this chapter.
(c) If permanent directors have not been elected under Section
8325.003 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (d) to serve terms that expire on the
earlier of:
(1) the date permanent directors are elected under Section
8325.003; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(d) If Subsection (c) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8325.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.102. 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.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.103. 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.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.104. 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.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted
before the effective date of the Act creating this chapter under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.106. SELECTION OF EXTRATERRITORIAL JURISDICTION. The
board may not select the municipality that may exercise authority
in the district as provided by Section 54.0163, Water Code,
unless the City of Weatherford provides written consent to that
selection.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.107. LIMITATION ON ANNEXATION OF LAND BY DISTRICT.
Notwithstanding Section 54.016(d), Water Code, the district may
not annex land that is located in the extraterritorial
jurisdiction of a municipality unless the City of Weatherford
provides written consent to that annexation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD. (a)
The City of Weatherford may annex part of the territory of the
district into its corporate limits without annexing all of the
territory of the district under an agreement entered into before
the effective date of the Act creating this chapter between the
City of Weatherford and the landowners of the land being annexed.
The district continues in existence following annexation of part
of the territory of the district as described by this subsection.
(b) The district shall be dissolved and its debts and
obligations assumed by the City of Weatherford in accordance with
Chapter 43, Local Government Code, including Sections 43.075 and
43.0715, on annexation of all of the territory of the district by
the City of Weatherford, provided that:
(1) water, sanitary sewer, and drainage improvements, and roads
have been constructed to serve at least 95 percent of the
territory of the district; or
(2) the board adopts a resolution consenting to the dissolution
of the district.
(c) If all of the territory of the district is annexed by the
City of Weatherford but the conditions under Subsection (b) have
not been met, the City of Weatherford may dissolve the district
by resolution only on or after the 20th anniversary of the
effective date of the Act creating this chapter.
(d) Notwithstanding Section 54.016(f)(2), Water Code, a contract
("Allocation Agreement") between the City of Weatherford and the
district that provides for the allocation of the taxes or
revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city, may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in
the district may exceed the city's ad valorem tax on the
property.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.109. 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:
(1) a road project authorized by Section 8325.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.110. 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) This chapter applies to any new district created by the
division of the district, and a new 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:
(1) contain any land outside the area described by Section 2(b)
of the Act creating this chapter; or
(2) contain less than 200 or more than 600 acres of land without
the prior consent of any municipality in whose extraterritorial
jurisdiction the district is located.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value
of the real property in the district, may adopt an order dividing
the district.
(e) The board may adopt an order dividing the district before or
after the date the board holds an election under Section 8325.003
to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the territory of
each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between
or among the new districts.
(g) On or before the 30th day after the date of adoption of an
order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8325.003.
(i) Except as provided by Subsection (c), municipal consent to
the creation of the district and to the inclusion of land in the
district granted under Section 8325.004 acts as municipal consent
to the creation of any new district created by the division of
the district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter 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 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8325.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8325.153.
(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 ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8325.151, 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 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.153. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may impose a tax other than an
operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district
voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8325.201. 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, contract
payments, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.202. TAXES FOR BONDS.At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
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.
1058, Sec. 1, eff. June 19, 2009.
Sec. 8325.203. BONDS FOR ROAD PROJECTS. 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.
1058, Sec. 1, eff. June 19, 2009.