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CHAPTER 8207. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 1 OF FORT BEND COUNTY

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SPECIAL DISTRICT LOCAL LAWS CODETITLE 6. WATER AND WASTEWATERSUBTITLE F. MUNICIPAL UTILITY DISTRICTSCHAPTER 8207. FULSHEAR MUNICIPAL UTILITY DISTRICTNO. 1 OF FORT BEND COUNTYFor contingent expiration of this chapter, see Section 8207.003.SUBCHAPTER A. GENERAL PROVISIONSSec. 8207.001.DEFINITIONS.In this chapter:(1)"Board" means the district's board of directors.(2)"Director" means a board member.(3)"District" means the Fulshear Municipal Utility District No.1 of Fort Bend County.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.002.NATURE OF DISTRICT.The district is a municipalutility district in Fort Bend County created under and essentialto accomplish the purposes of Section 52, Article III, andSection 59, Article XVI, Texas Constitution.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.003.CONFIRMATION ELECTION REQUIRED.If the creationof the district is not confirmed at a confirmation election heldunder Section 8207.024 before September 1, 2011:(1)the district is dissolved September 1, 2011, except that thedistrict shall:(A)pay any debts incurred;(B)transfer to Fort Bend County any assets that remain afterthe payment of debts; and(C)maintain the organization of the district until all debtsare paid and remaining assets are transferred; and(2)this chapter expires September 1, 2014.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.004.INITIAL DISTRICT TERRITORY.(a)The district isinitially composed of the territory described by Section 2 of theAct creating this chapter.(b)The boundaries and field notes contained in Section 2 of theAct creating this chapter form a closure.A mistake made in thefield notes or in copying the field notes in the legislativeprocess does not affect:(1)the organization, existence, or validity of the district;(2)the right of the district to impose taxes;(3)the validity of the district's bonds, notes, orindebtedness; or(4)the legality or operation of the district or the board.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.SUBCHAPTER A-1. TEMPORARY PROVISIONSFor expiration of this subchapter, see Sec. 8207.026.Sec. 8207.021.TEMPORARY DIRECTORS.(a)The temporary boardconsists of:(1)Simmi Jaggi Basra;(2)Elizabeth Clampitt;(3)Derek Hargrove;(4)William Swanson; and(5)Hank Kidd.(b)If a temporary director fails to qualify for office, theTexas Commission on Environmental Quality shall appoint a personto fill the vacancy.(c)Temporary directors serve until the earlier of:(1)the date directors are elected under Section 8207.024; or(2)the date this chapter expires under Section 8207.003.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.022.ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.As soon as practicable after all the temporary directors havequalified under Section 49.055, Water Code, the temporarydirectors shall meet at a location in the district agreeable to amajority of the directors.If a location cannot be agreed upon,the directors shall meet at the Fort Bend County Courthouse.Atthe meeting, the temporary directors shall elect officers fromamong the temporary directors and conduct any other districtbusiness.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.023.CONSENT OF MUNICIPALITY REQUIRED.The temporarydirectors may not hold an election under Section 8207.024 untileach municipality in whose corporate limits or extraterritorialjurisdiction the district is located has adopted a resolutionconsenting to the creation of the district.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.024.CONFIRMATION AND INITIAL DIRECTORS' ELECTION.The temporary directors shall hold an election to confirm thecreation of the district and to elect five directors as providedby Section 49.102, Water Code.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.025.INITIAL ELECTED DIRECTORS; TERMS.The directorselected under Section 8207.024 shall draw lots to determine whichtwo shall serve until the first regularly scheduled election ofdirectors and which three shall serve until the second regularlyscheduled election of directors.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.026.EXPIRATION OF SUBCHAPTER.This subchapterexpires September 1, 2014.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.SUBCHAPTER B. BOARD OF DIRECTORSSec. 8207.051.GOVERNING BODY; TERMS.(a)The district isgoverned by a board of five directors.(b)Directors serve staggered four-year terms.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.SUBCHAPTER C. POWERS AND DUTIESSec. 8207.101.MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.The district has the powers and duties provided by the generallaw of this state, including Chapters 49 and 54, Water Code,applicable to municipal utility districts created under Section59, Article XVI, Texas Constitution.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.102.ROAD PROJECTS.(a)To the extent authorized bySection 52, Article III, Texas Constitution, the district mayconstruct, acquire, improve, maintain, or operate macadamized,graveled, or paved roads or turnpikes, or improvements in aid ofthose roads or turnpikes, inside the district.(b)A road project must meet all applicable constructionstandards, zoning and subdivision requirements, and regulationsof each municipality in whose corporate limits orextraterritorial jurisdiction the district is located.If thedistrict is not located in the corporate limits orextraterritorial jurisdiction of a municipality, a road projectmust meet all applicable construction standards, zoning andsubdivision requirements, and regulations of each county in whichthe district is located.(c)The district may not undertake a road project unless eachmunicipality in whose corporate limits or extraterritorialjurisdiction the district is located consents by resolution.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.Sec. 8207.103.COMPLIANCE WITH MUNICIPAL ORDINANCES ORRESOLUTIONS.The district shall comply with all applicablerequirements of any ordinance or resolution adopted by thegoverning body of the City of Fulshear.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.SUBCHAPTER D. GENERAL FINANCIAL PROVISIONSSec. 8207.151.TAX TO REPAY BONDS.The district may impose atax to pay the principal of or interest on bonds or otherobligations issued under Section 8207.201.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.SUBCHAPTER E. BONDSSec. 8207.201.AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.(a)The district may issue bonds or other obligations asprovided by Chapters 49 and 54, Water Code, to finance theconstruction, maintenance, or operation of a project underSection 8207.101 or 8207.102.(b)The district may not issue bonds or other obligations tofinance projects authorized by Section 8207.102 unless theissuance is approved by a vote of a two-thirds majority of thedistrict voters voting at an election called for that purpose.(c)Bonds or other obligations issued or incurred to financeprojects authorized by Section 8207.102 may not exceed one-fourthof the assessed value of the real property in the district.Added by Acts 2007, 80th Leg., R.S., Ch.516, Sec. 1, eff. September 1, 2007.
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  • SPECIAL DISTRICT LOCAL LAWS CODE

    TITLE 6. WATER AND WASTEWATER

    SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

    CHAPTER 8207. FULSHEAR MUNICIPAL UTILITY DISTRICT

    NO. 1 OF FORT BEND COUNTY

    For contingent expiration of this chapter, see Section 8207.003.

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 8207.001. DEFINITIONS. In this chapter:

    (1) "Board" means the district's board of directors.

    (2) "Director" means a board member.

    (3) "District" means the Fulshear Municipal Utility District No.

    1 of Fort Bend County.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.002. NATURE OF DISTRICT. The district is a municipal

    utility district in Fort Bend County created under and essential

    to accomplish the purposes of Section 52, Article III, and

    Section 59, Article XVI, Texas Constitution.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.003. CONFIRMATION ELECTION REQUIRED. If the creation

    of the district is not confirmed at a confirmation election held

    under Section 8207.024 before September 1, 2011:

    (1) the district is dissolved September 1, 2011, except that the

    district shall:

    (A) pay any debts incurred;

    (B) transfer to Fort Bend 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, 2014.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.004. 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:

    (1) the organization, existence, or validity of the district;

    (2) the right of the district to impose taxes;

    (3) the validity of the district's bonds, notes, or

    indebtedness; or

    (4) the legality or operation of the district or the board.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    SUBCHAPTER A-1. TEMPORARY PROVISIONS

    For expiration of this subchapter, see Sec. 8207.026.

    Sec. 8207.021. TEMPORARY DIRECTORS. (a) The temporary board

    consists of:

    (1) Simmi Jaggi Basra;

    (2) Elizabeth Clampitt;

    (3) Derek Hargrove;

    (4) William Swanson; and

    (5) Hank Kidd.

    (b) If a temporary director fails to qualify for office, the

    Texas Commission on Environmental Quality shall appoint a person

    to fill the vacancy.

    (c) Temporary directors serve until the earlier of:

    (1) the date directors are elected under Section 8207.024; or

    (2) the date this chapter expires under Section 8207.003.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.022. 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. If a location cannot be agreed upon,

    the directors shall meet at the Fort Bend County Courthouse. 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.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary

    directors may not hold an election under Section 8207.024 until

    each municipality in whose corporate limits or extraterritorial

    jurisdiction the district is located has adopted a resolution

    consenting to the creation of the district.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

    The temporary directors shall hold an election to confirm the

    creation of the district and to elect five directors as provided

    by Section 49.102, Water Code.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.025. INITIAL ELECTED DIRECTORS; TERMS. The directors

    elected under Section 8207.024 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.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.026. EXPIRATION OF SUBCHAPTER. This subchapter

    expires September 1, 2014.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    SUBCHAPTER B. BOARD OF DIRECTORS

    Sec. 8207.051. GOVERNING BODY; TERMS. (a) The district is

    governed by a board of five directors.

    (b) Directors serve staggered four-year terms.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    SUBCHAPTER C. POWERS AND DUTIES

    Sec. 8207.101. 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 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.102. ROAD PROJECTS. (a) To the extent authorized by

    Section 52, Article III, Texas Constitution, the district may

    construct, acquire, improve, maintain, or operate macadamized,

    graveled, or paved roads or turnpikes, or improvements in aid of

    those roads or turnpikes, inside the district.

    (b) 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 district is located. If the

    district is not located in the corporate limits or

    extraterritorial jurisdiction of a municipality, a road project

    must meet all applicable construction standards, zoning and

    subdivision requirements, and regulations of each county in which

    the district is located.

    (c) The district may not undertake a road project unless each

    municipality in whose corporate limits or extraterritorial

    jurisdiction the district is located consents by resolution.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    Sec. 8207.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR

    RESOLUTIONS. The district shall comply with all applicable

    requirements of any ordinance or resolution adopted by the

    governing body of the City of Fulshear.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

    Sec. 8207.151. TAX TO REPAY BONDS. The district may impose a

    tax to pay the principal of or interest on bonds or other

    obligations issued under Section 8207.201.

    Added by Acts 2007, 80th Leg., R.S., Ch.

    516, Sec. 1, eff. September 1, 2007.

    SUBCHAPTER E. BONDS

    Sec. 8207.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

    (a) The district may issue bonds or other obligations as

    provided by Chapters 49 and 54, Water Code, to finance the

    construction, maintenance, or operation of a project under

    Section 8207.101 or 8207.102.

    (b) The district may not issue bonds or other obligations to

    finance projects authorized by Section 8207.102 unless the

    issuance is approved by a vote of a two-thirds majority of the

    district voters voting at an election called for that purpose.

    (c) Bonds or other obligations issued or incurred to finance

    projects authorized by Section 8207.102 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.

    516, Sec. 1, eff. September 1, 2007.

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