CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1
For contingent expiration of this chapter, see Section 8349.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8349.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Northwest Williamson County Municipal
Utility District No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.002. NATURE OF DISTRICT. The district is a municipal
utility district created under and essential to accomplish the
purposes of Section 59, Article XVI, and Section 52, Article III,
Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.003. CONFIRMATION ELECTION REQUIRED. (a) The board
shall hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
(b) If the creation of the district is not confirmed at a
confirmation election before September 1, 2013:
(1) the district is dissolved September 1, 2013, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Williamson 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 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 8349.003 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.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) All
land and other property in the district will benefit from the
improvements and services to be provided by the district.
(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, or improvement of macadamized,
graveled, or paved roads described by Section 54.234, Water Code,
or improvements, including storm drainage, bridges, and
appurtenances, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.006. 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 an assessment or tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8349.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
For expiration of this section, see Subsection (c).
Sec. 8349.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Kevin Boscamp;
(2) Ken Willey;
(3) Trip Leon;
(4) Bill Woodall; and
(5) Bruce Hollingsworth.
(b) Unless the initial board agrees otherwise, the initial
directors shall draw lots to determine which two shall serve
until the first regularly scheduled election of directors and
which three shall serve until the second regularly scheduled
election of directors.
(c) This section expires September 1, 2016.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8349.101. 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.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.102. 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.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.103. AUTHORITY FOR ROAD PROJECTS. (a) Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, and convey to this
state, a county, or a municipality for operation and maintenance
macadamized, graveled, or paved roads described by Section
54.234, Water Code, or improvements, including storm drainage,
bridges, and appurtenances, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval
from the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.104. APPROVAL OF ROAD PROJECT. (a) The district may
not undertake a road project authorized by Section 8349.103
unless:
(1) the municipality or county that will operate and maintain
the road has approved the plans and specifications of the road
project; or
(2) the Texas Transportation Commission has approved the plans
and specifications of the road project, if the state will operate
and maintain the road.
(b) Except as provided by Subsection (a), the district is not
required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds
for, improve, or convey a road project.
(c) The district's construction, repair, and maintenance of
streets under this section must meet all applicable construction
standards and regulations of Williamson County.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION. The district shall comply with all applicable
requirements of any resolution that is adopted by the governing
body of a municipality 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.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.106. 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 8349.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.107. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. The
district has the powers and duties applicable to a district under
Chapter 30, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.108. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.
The district must obtain the approval of the Brazos River
Authority for the design of a district wastewater treatment
facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.109. WASTEWATER SERVICE PROVIDERS. Only the Brazos
River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.110. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. The
district shall comply with the terms of the "Agreement Regarding
Sewer Services Areas and Customers" among the Lower Colorado
River Authority, the Brazos River Authority, the City of
Georgetown, the City of Liberty Hill, and the Chisholm Trail
Special Utility District dated February 1, 2005.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8349.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from a source
other than ad valorem taxes.
(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. An ad valorem tax rate imposed by the
district may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8349.151, 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.
1085, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8349.201. 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.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the
time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem
tax, at a rate not to exceed the rate approved at an election
held under Section 8349.151, 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 or other obligations as the
interest becomes due;
(B) create a sinking fund for the payment of the principal of
the bonds or other obligations when due or the redemption price
at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Added by Acts 2009, 81st Leg., R.S., Ch.
1085, Sec. 1, eff. June 19, 2009.
Sec. 8349.203. 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.
1085, Sec. 1, eff. June 19, 2009.