2005 Texas Special Districts Code CHAPTER 8139. CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT NO. 2 OF TARRANT COUNTY

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 8139. CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT NO. 2 OF 
TARRANT COUNTY

SUBCHAPTER A. GENERAL PROVISIONS


	§ 8139.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "Director" means a member of the board.                                  
		(3)  "District" means the City of Fort Worth Municipal 
Utility District No. 2 of Tarrant County.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.002. NATURE OF DISTRICT.  The district is a 
municipal utility district in Tarrant County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation 
election held under Section 8139.024 before September 1, 2007:
		(1)  the district is dissolved September 1, 2007, 
except that:              
			(A)  any debts incurred shall be paid;                                       
			(B)  any assets that remain after the payment of 
debts shall be transferred to Tarrant County;  and
			(C)  the organization of the district shall be 
maintained until all debts are paid and remaining assets are 
transferred;  and
		(2)  this chapter expires September 1, 2010.                                  

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.004. 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 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          

SUBCHAPTER A1. TEMPORARY PROVISIONS


	§ 8139.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2010
	(a)  On or after September 1, 2005, a person who owns land 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.
	(b)  The commission shall appoint as temporary directors the 
five persons named in the first petition received by the commission 
under Subsection (a).
	(c)  If a temporary director fails to qualify for office, the 
commission shall appoint a person to fill the vacancy.
	(d)  Temporary directors serve until the earlier of:                           
		(1)  the date directors are elected under Section 
8139.024;  or             
		(2)  the date this chapter expires under Section 
8139.003.                  

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.022. ORGANIZATIONAL MEETING OF TEMPORARY 
DIRECTORS.                

Text of section effective until September 1, 2010
	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 meeting 
shall be at the Tarrant 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 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.                     

Text of section effective until September 1, 2010
	(a)  The temporary directors may not hold an election under 
Section 8139.024 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.
	(b)  If the district is located outside the extraterritorial 
jurisdiction of a municipality, the temporary directors may not 
hold the election until each county in which the district is located 
has adopted a resolution consenting to the creation of the 
district.
	(c)  A municipality or county may not adopt a resolution 
under this section before the effective date of the Act creating 
this chapter.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.024. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2010
	If each municipality or county has consented to the creation 
of the district under Section 8139.023, 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 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.025. INITIAL ELECTED DIRECTORS;  TERMS.                              

Text of section effective until September 1, 2010
	The directors elected under Section 8139.024 shall draw lots 
to determine which two shall serve until the first regularly 
scheduled election of directors under Section 8139.052 and which 
three shall serve until the second regularly scheduled election of 
directors.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.026. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2010
	This subchapter expires September 1, 2010.                                     

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 8139.051. DIRECTORS;  TERMS.  (a) The district is 
governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.                                

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.052. ELECTION OF DIRECTORS.  On the uniform 
election date in May of each even-numbered year, the appropriate 
number of directors shall be elected.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          

SUBCHAPTER C. POWERS AND DUTIES


	§ 8139.101. 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 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.102. 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 or exceed all applicable 
construction standards, zoning and subdivision requirements, and 
regulatory ordinances of each municipality in whose corporate 
limits or extraterritorial jurisdiction the district is located.  
If the district is located outside the extraterritorial 
jurisdiction of a municipality, a road project must meet all 
applicable construction standards, zoning and subdivision 
requirements, and regulatory ordinances 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 ordinance or 
resolution.  If the district is located outside the 
extraterritorial jurisdiction of a municipality, the district may 
not undertake a road project unless each county in which the 
district is located consents by ordinance or resolution.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR 
RESOLUTIONS.   Subject to the limitations of Section 54.016, Water 
Code, the district shall comply with all applicable requirements of 
any ordinance or resolution adopted by the city council of the City 
of Fort Worth.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          


	§ 8139.104. LIMITATION ON USE OF EMINENT DOMAIN.  The 
district may exercise the power of eminent domain outside the 
district only to acquire an easement necessary for a pipeline that 
serves the district.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS


	§ 8139.151. TAX TO REPAY BONDS.  The district may impose a 
tax to pay the principal of or interest on bonds issued under 
Section 8139.201.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.          

SUBCHAPTER E. BONDS


	§ 8139.201. 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 projects under Sections 
8139.101 and 8139.102.
	(b)  The district may not issue bonds to finance projects 
authorized by Section 8139.102 unless the issuance is approved by a 
vote of a two-thirds majority of the voters of the district voting 
at an election called for that purpose.
	(c)  Bonds or other obligations issued or incurred to finance 
projects authorized by Section 8139.102 may not exceed one-fourth 
of the assessed value of the real property in the district.
	(d)  Sections 49.181 and 49.182, Water Code, do not apply to 
a project undertaken by the district under Section 8139.102 or to 
bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., ch. 1329, § 1, eff. June 18, 2005.