Bill Text: TX SB443 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the Rayford Road Municipal Utility District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-06 - Referred to Intergovernmental Relations [SB443 Detail]
Download: Texas-2017-SB443-Introduced.html
85R3320 AAF-D | ||
By: Creighton | S.B. No. 443 |
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relating to the Rayford Road Municipal Utility District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 145, Acts of the 61st Legislature, | ||
Regular Session, 1969, is amended by amending Sections 5, 7, 9, 10, | ||
11, 12, 15, and 17 to read as follows: | ||
Sec. 5. The district shall have and exercise, and is hereby | ||
vested with, all of the rights, powers, privileges, authority and | ||
functions conferred and imposed by the general laws of this state | ||
now in force or hereafter enacted, applicable to municipal utility | ||
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of Article XVI, Section 59, Constitution of Texas, including | ||
Chapters 49 and 54, Water Code [ |
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extent that the provisions of any such general laws may be in | ||
conflict or inconsistent with the provisions of this Act, the | ||
provisions of this Act shall prevail. All such general laws are | ||
hereby adopted and incorporated by reference with the same effect | ||
as if incorporated in full in this Act. | ||
Not by way of limitation, the district shall have and is | ||
hereby expressly granted the following rights, powers, privileges | ||
and functions: | ||
(a) The power and authority to make, purchase, construct, | ||
lease, or otherwise acquire property, works, facilities and | ||
improvements (whether previously existing or to be made, | ||
constructed or acquired) within or without the boundaries of the | ||
district necessary to carry out the powers and authority granted by | ||
this Act and the general laws. | ||
(b) The right, power and authority to enter into contracts, | ||
of not exceeding 40 years duration with persons, corporations, | ||
public or private, municipal corporations, political subdivisions | ||
of the State of Texas, and others, on such terms and conditions as | ||
the board of directors may deem desirable, fair and advantageous | ||
for: | ||
(1) the purchase and sale of water, or either; | ||
(2) the transportation, treatment and disposal of its | ||
domestic, industrial or communal wastes or the transportation, | ||
treatment and disposal of domestic, industrial or communal wastes | ||
of others; | ||
(3) the continuing and orderly development of the | ||
lands and property within the district through the purchase, | ||
construction or installation of facilities, works or improvements | ||
which the district may otherwise be empowered and authorized to do | ||
or perform so that, to the greatest extent reasonably possible, | ||
considering sound engineering and economic practices, all of such | ||
lands and property may be placed in a position to ultimately receive | ||
the services of such facilities, works or improvements; and | ||
(4) the performance of any of the rights or powers | ||
granted in this Act and the general laws relating to municipal | ||
utility [ |
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The rights, powers, privileges, authority and functions | ||
herein granted to the district shall be subject to the continuing | ||
right of supervision of the state, to be exercised by and through | ||
the Texas Commission on Environmental Quality [ |
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The powers and duties conferred on the district are granted | ||
subject to the policy of the state to encourage the development and | ||
use of integrated area-wide waste collection, treatment and | ||
disposal systems to serve the waste disposal needs of the citizens | ||
of the state, it being an objective of the policy to avoid the | ||
economic burden to the people and the impact on the quality of the | ||
waters in the state which result from the construction and | ||
operation of numerous small waste collection, treatment and | ||
disposal facilities to serve an area when an integrated area-wide | ||
waste collection, treatment and disposal system for the area can be | ||
reasonably provided. | ||
Sec. 7. It shall not be necessary for the board of directors | ||
to call or hold a hearing on the exclusions of land or other | ||
property from the district[ |
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may call and hold an exclusions hearing or hearings in the manner | ||
provided by the general law. | ||
Sec. 9. Land may be added to or annexed to the district in | ||
the manner now provided by Chapters 49 and 54, Water Code [ |
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provided, however, that the board of directors may require the | ||
petitioners, if land is being added in the manner provided by | ||
Section 49.301, Water Code [ |
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bonds of the district and authorize the board to levy a tax on their | ||
property in payment for such unissued bonds, when issued, or if land | ||
is being annexed in the manner provided by Section 49.302, Water | ||
Code [ |
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may also submit a proposition to the property taxpaying voters of | ||
the area to be annexed on the question of the assumption by the area | ||
to be annexed of its part of the tax or tax-revenue bonds of the | ||
district theretofore voted but not yet issued or sold and the levy | ||
of an ad valorem tax on all taxable property within the area to be | ||
annexed along with the tax in the rest of the district for the | ||
payment thereof. If the petitioners consent or if the election | ||
results favorably, the district shall be authorized to issue its | ||
voted but unissued tax or tax-revenue bonds even though the | ||
boundaries of the district have been changed since the voting or | ||
authorization of such bonds. | ||
Sec. 10. All powers of the district shall be exercised by a | ||
board of five directors. Each director shall serve for his term of | ||
office as herein provided, and thereafter until his successor shall | ||
be elected or appointed and qualified. Each director shall qualify | ||
by subscribing to the Constitutional oath of office and giving bond | ||
in the amount of $5,000 for the faithful performance of his duties. | ||
The cost of such bond shall be paid by the district. Such bond shall | ||
be approved by the county judge and filed in the office of the | ||
county clerk within which the district is located. The bonds of | ||
directors elected or appointed after the directors named below | ||
shall be approved by the district's board of directors and shall be | ||
recorded in a record kept for that purpose in the office of the | ||
district. Immediately after this Act becomes effective, the | ||
following named persons shall be the directors of the district and | ||
shall constitute the board of directors of the district: | ||
Charles H. Reid | ||
William W. Bartlett | ||
Henry E. Randle | ||
Jack K. Leeka | ||
Vira Ann Harris | ||
Said persons shall file their bonds as soon as practicable after the | ||
effective date of this Act and shall otherwise be fully qualified to | ||
serve as director prior to the first meeting of the board of | ||
directors. All vacancies in the office of director shall be filled | ||
in the manner provided by Section 49.105, Water Code [ |
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any time the number of qualified directors shall be less than three | ||
because of the failure or refusal of one or more directors to | ||
qualify or serve, or because of his or their death or | ||
incapacitation, or for any other reason, then the county judge of | ||
the county in which the district is located shall appoint the | ||
necessary number of directors to fill all vacancies on the board. | ||
The directors named above or their duly appointed successor or | ||
successors shall serve until the second Tuesday in January, 1971. | ||
Succeeding directors shall be elected or appointed and shall serve | ||
for the term and in the manner provided by Section 49.103, Water | ||
Code [ |
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directors shall constitute a quorum of any meeting, and a | ||
concurrence of three shall be sufficient in all matters pertaining | ||
to the business of the district including the letting of | ||
construction contracts and the drawing of warrants in payment for | ||
construction work, the purchase of existing facilities, and matters | ||
relating to construction work. The board shall select from its | ||
number a president, vice president, secretary and such other | ||
officers as in the judgment of the board is necessary. The | ||
president may execute all contracts, construction or otherwise, | ||
entered into by the board of directors on behalf of the district. | ||
The vice president shall perform all duties and exercise all power | ||
conferred by this Act or the general law upon the president when the | ||
president is absent or fails or declines to act. Any order adopted | ||
or other action taken at a meeting of the board of directors at | ||
which the president is absent may be signed by the vice president, | ||
or the board may authorize the president to sign such order or other | ||
action. The treasurer may be appointed by the board, and shall give | ||
bond in such amount as may be required by the board and conditioned | ||
that he or it will faithfully account for all money which shall come | ||
into his or its custody as treasurer of the district. | ||
Sec. 11. The district shall comply with the requirements of | ||
Sections 49.181 and 49.182, Water Code [ |
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Sec. 12. The district is hereby authorized to issue its | ||
negotiable tax bonds, revenue bonds, or tax and revenue bonds to | ||
provide funds for any or all of the purposes set out or incorporated | ||
by reference herein, including the acquisition of land therefor, | ||
and said bonds shall be issued in the manner provided and as | ||
authorized by Chapters 49 and 54, Water Code [ |
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however, that bonds payable solely from net revenues may be issued | ||
by resolution or order of the board of directors and no election | ||
therefor shall be necessary. | ||
The bonds issued hereunder may be payable from all or any | ||
designated part or parts of the revenues of the district's | ||
properties and facilities or under specific contracts, as may be | ||
provided in the orders or resolutions authorizing the issuance of | ||
such bonds; and, except as the same may be inconsistent or in | ||
conflict with the provisions of this Act, the provisions of | ||
Chapters 49 and 54, Water Code [ |
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shall apply to all bonds issued under the provisions of this Act | ||
(the provisions of this Act to govern and take precedence in the | ||
event of any such inconsistency or conflict). | ||
Such bonds, within the discretion of the board of directors, | ||
may be additionally secured by a deed of trust or mortgage lien upon | ||
part or all of the physical properties of the district, and | ||
franchises, easements, water rights and appropriation permits, | ||
leases, and contracts and all rights appurtenant to such | ||
properties, vesting in the trustee power to sell such properties | ||
for payment of the indebtedness, power to operate the properties | ||
and all other powers and authority for the further security of the | ||
bonds. Such trust indenture, regardless of the existence of the | ||
deed of trust or mortgage lien on the properties, may contain | ||
provisions prescribed by the board of directors for the security of | ||
the bonds and the preservation of the trust estate, and may make | ||
provisions for amendment or modification thereof and the issuance | ||
of bonds to replace lost or mutilated bonds, and may condition the | ||
right to expend district money or sell district property upon | ||
approval of a registered professional engineer selected as provided | ||
therein and may make provisions for investment of funds of the | ||
district. Any purchaser under a sale under the deed of trust or | ||
mortgage lien, where one is given, shall be absolute owner of the | ||
properties, facilities and rights so purchased and shall have the | ||
right to maintain and operate same. | ||
In the orders or resolutions authorizing the issuance of any | ||
revenue, tax-revenue, revenue refunding, or tax-revenue refunding | ||
bonds authorized hereunder, the district's board of directors may | ||
provide for the flow of funds, the establishment and maintenance of | ||
the interest and sinking fund or funds, reserve fund or funds, and | ||
other funds, and may make additional covenants with respect to the | ||
bonds and the pledged revenues and the operation and maintenance of | ||
those improvements and facilities (the revenues of which are | ||
pledged), including provisions for the operation or for the leasing | ||
of all or any part of said improvements and facilities and the use | ||
or pledge of moneys derived from such operation contracts and | ||
leases, as such board may deem appropriate. Such orders or | ||
resolutions may also prohibit the further issuance of bonds or | ||
other obligations payable from the pledged revenues, or may reserve | ||
the right to issue additional bonds to be secured by a pledge of and | ||
payable from said revenues on a parity with, or subordinate to, the | ||
lien and pledge in support of the bonds being issued, subject to | ||
such conditions as are set forth in such orders or resolutions. | ||
Such orders or resolutions may contain other provisions and | ||
covenants, as the district's board may determine, not prohibited by | ||
the Constitution of Texas or by this Act, and said board may adopt | ||
and cause to be executed any other proceedings or instruments | ||
necessary and/or convenient in the issuance of any such bonds. | ||
From the proceeds of sale of any bonds issued hereunder, the | ||
district may appropriate or set aside out of the bond proceeds an | ||
amount for the payment of interest, administrative and operating | ||
expenses expected to accrue during the period of construction (such | ||
period not to exceed three years), as may be provided in the bond | ||
orders or resolutions, and an amount necessary to pay all expenses | ||
incurred and to be incurred in the issuance, sale and delivery of | ||
the bonds. Moneys in the interest and sinking fund or funds and the | ||
reserve fund or funds, and in the other fund or funds established or | ||
provided for in the bond orders or resolutions may be invested in | ||
such manner and in such securities as may be provided in the bond | ||
order or orders or may be placed on interest-bearing time deposit. | ||
Until such time as the bond proceeds are needed to carry out the | ||
bond purpose, such proceeds may be invested in securities of the | ||
United States Government or any agency thereof or may be placed on | ||
interest-bearing time deposit, either or both. Any such revenue | ||
bonds, tax-revenue, revenue refunding bonds, or tax-revenue | ||
refunding bonds hereinafter mentioned may be registrable as to | ||
principal, or as to both principal and interest. | ||
By orders or resolutions adopted by its board of directors, | ||
said district shall have the power and authority to issue revenue | ||
refunding bonds or tax-revenue refunding bonds to refund revenue | ||
bonds or tax-revenue bonds (either original bonds or refunding | ||
bonds) theretofore issued by such district. Said refunding bonds | ||
shall be approved by the attorney general as in the case of original | ||
bonds, and shall be registered by the comptroller of public | ||
accounts upon the surrender and cancellation of the bonds to be | ||
refunded, but in lieu thereof, the orders or resolutions | ||
authorizing their issuance may provide that they shall be sold and | ||
the proceeds thereof deposited in the place or places where the | ||
underlying bonds are payable, in which case the refunding bonds may | ||
be issued provided an amount sufficient to pay the interest and | ||
principal on the underlying bonds to their maturity dates, or to | ||
their option dates if said bonds have been duly called for payment | ||
prior to maturity according to their terms, has been so deposited in | ||
the place or places where said underlying bonds are payable, and the | ||
comptroller of public accounts shall register them without the | ||
surrender and cancellation of the underlying bonds. | ||
After any bonds have been authorized by the district | ||
hereunder, such bonds and the record relating to their issuance | ||
shall be submitted to the Attorney General of the State of Texas for | ||
his examination as to the validity thereof, and after said attorney | ||
general has approved the same, such bonds shall be registered by the | ||
Comptroller of Public Accounts of the State of Texas. When such | ||
bonds have been approved by the attorney general, registered by the | ||
comptroller of public accounts, and delivered to the purchasers, | ||
they shall thereafter be incontestable except for forgery or fraud. | ||
When any bonds recite that they are secured partially or otherwise | ||
by a pledge of the proceeds of a contract or contracts made between | ||
the district and another party or parties (private or public) a copy | ||
of such contract or contracts and the proceedings authorizing the | ||
same may or may not be submitted to the attorney general along with | ||
the bond record and, if so submitted, the approval by the attorney | ||
general of the bonds shall constitute an approval of such contract | ||
or contracts, and thereafter the contract or contracts shall be | ||
incontestable for any cause except for forgery or fraud. | ||
Sec. 15. The board of directors shall designate, establish | ||
and maintain a district office as provided by Section 49.062, Water | ||
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district office outside the district. Either or both district | ||
offices so established and maintained may be a private residence, | ||
office or dwelling in which event such private residence, office or | ||
dwelling is hereby declared a public place for matters relating to | ||
the district's business. | ||
If the board of directors establishes a district office | ||
outside the district, it shall give notice of the location of that | ||
district office by filing a true copy of its resolution | ||
establishing the location of such district office with the Texas | ||
Commission on Environmental Quality [ |
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filing a true copy in the municipal utility [ |
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is located and also by publishing the location in a newspaper of | ||
general circulation in said county. | ||
If the location of the district office outside the district | ||
is thereafter changed, notice of such change shall be given in the | ||
same manner. | ||
Sec. 17. All elections to authorize the issuance of bonds by | ||
the district shall be held pursuant to the general law applicable to | ||
municipal utility [ |
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SECTION 2. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |