Municipal Utility Districts are of two types (General Law and Special Law) and derive their core powers from either the various chapters of the Water Code or special laws enacted by the Legislature. Districts must also follow other laws, including the Election Code, Government Code, Health and Safety Code, Local Government Code, Penal Code, and Tax Code (Texas Statutes, Appendix O).
Your Emerald Bay Municipal Utility District was created by an act of the Texas Legislature (S.B. 1404), effective June 19, 1983: “Pursuant to Article XVI, Section 59, of the Texas Constitution, a conservation and reclamation district is created in Smith County to be known as ‘Emerald Bay Municipal Utility District,’ which shall be a governmental agency, a political subdivision of the state, and a body politic and corporate. The creation of the district is declared to be essential to the accomplishment of the purposes of Article XVI, Section 59, of the Texas Constitution.”
A MUD may engage in water supply, conservation, irrigation, stormwater control, drainage, fire fighting, solid waste collection and disposal, wastewater treatment, and development of parks and recreational facilities. The MUD may also purchase, control, and maintain all facilities and equipment necessary for such activities.
Emerald Bay Municipal Utility District is directed by five (5) elected Officials. The District may adopt and enforce a variety of reasonable rules and regulations. A violator of district rules is subject to reasonable penalties, besides any other state penalties. The District may employ its own law enforcement officers who may make arrests to stop violations of District rules that occur on land owned or controlled by the District and violations of state laws. The District may also enforce real property restrictions within its boundaries when the Board determines that enforcement is necessary to sustain taxable property values. (See other enforceable restrictions below).
The Mission of the Emerald Bay Municipal Utility District (EBMUD) is to provide an abundant, safe, high-quality water supply for all municipal purposes and to collect, transport, process, dispose of and control all communal wastewater.
The District provides potable water for all District members serving a customer base of approximately 600 households, along with approximately 18 homes and boathouses within the Mallards Cove subdivision located on the southern border of Emerald Bay. Our water is supplied from three (3) deep wells located outside the District with a total pumping capacity of approximately 900,000 gallons a day and an above-ground reserve of 300,000 gallons.
The District collects wastewater through an extensive wastewater collection system consisting of eight (8) lift stations, and both pressure and gravity flow sewer lines. Collected wastewater is then treated in the Districts activated sludge packaged processing plant consisting of two aeration chambers, two clarifiers, and a sludge bagging system.
The District is permitted to process 150,000 gallons of wastewater daily and current daily usage is only 80,000 gallons. The processed wastewater (effluent) is dispersed through the golf course irrigation system which is owned by the District and jointly operated by the District and the Emerald Bay Club. The system services all 600 District members, approximately 25 households in the adjoining subdivision of Windcliff Harbor, and the approximately 18 homes and boathouse within the Mallards Cove subdivision.
The Texas Commission on Environmental Quality (TCEQ) regulates water quality and wastewater services. EBMUD's water quality meets or exceeds all Federal and State drinking water quality standards.
The District will provide services to meet such other needs that may arise in the community as authorized under state law. EBMUD will serve a leading role in maintaining and improving the quality of life in the community, safeguarding public health by operating at the lowest reasonable cost, and in a service-oriented, progressive, and financially responsible manner.
Other Enforceable Restrictions:
There are several provisions within the State statutes that grant the District authority to enforce restrictions. State law gives the District authority to enforce deed regulations, plats, building restrictions, setbacks, and other publicly recorded documents through civil litigation. If the District is successful in enforcing the restrictions through litigation, the Court can award the District judgment for attorney's fees, expenses, expert opinions, and other costs associated with the litigation.
There are five categories of rules and regulations that, if adopted by the District and published in accordance with State law, allow the District to levy fines to enforce. These categories include rules and regulations: (1) to secure and maintain safe plumbing installations, connections, and appurtenances as part of the District’s sanitary sewer system; (2) to preserve the sanitary condition of all water controlled by the District; (3) to prevent waste or unauthorized use of water controlled by the District; (4) to regulate privileges on any land or easement owned or controlled by the District; and (5) to provide and regulate a safe and adequate freshwater distribution system.
Furthermore, the District can enforce any adopted rules and regulations through civil penalties, which would require filing suit in the appropriate court. The District can establish rules and regulations whereby the District issues citations with penalties/fines to be decided by the court system.
The District can employ law enforcement officers to prevent the commission of (1) an offense against the rules of the District when the offense occurs on any land, water, or easements owned or controlled by the District; and (2) an offense involving injury or damage to any property owned or controlled by the District.
Lastly, the Texas Commission on Environmental Quality (TCEQ) authorizes a district in existence for at least 10 years to issue bonds to repair or maintain streets within the district. The Texas Water Code authorizes a municipal utility district with the power to levy taxes to petition the Commission to acquire the powers granted under Texas Transportation Code, Chapter 441, to road utility districts.