SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3924 to
read as follows:
CHAPTER 3924. ONION CREEK
METRO PARK DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3924.001.
DEFINITIONS.
Sec. 3924.002. NATURE OF
DISTRICT.
Sec. 3924.003. PURPOSE;
DECLARATION OF INTENT. (a) The creation of the district is essential to
accomplish the purposes of Sections 52 and 52-a, Article III, and Section
59, Article XVI, Texas Constitution, and other public purposes stated in
this chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public purposes set
out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the
district is necessary to promote, develop, encourage, and maintain
employment, commerce, transportation, housing, tourism, recreation, the
arts, entertainment, economic development, safety, and the public welfare
in the district.
(c) This chapter and the
creation of the district may not be interpreted to relieve the city or the
county from providing the level of services provided as of the effective
date of the Act enacting this chapter to the
area in the district. The district is created to supplement and not
to supplant city or county services provided in the district.
Sec. 3924.004.
CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The initial directors shall hold an election to confirm the
creation of the district and to elect five
permanent directors as provided by Section 49.102, Water Code.
Sec. 3924.005. CONSENT OF
MUNICIPALITY REQUIRED; ENFORCEABILITY OF
CONSENT AGREEMENT. (a) The initial directors may not hold an
election under Section 3924.004 until the city has consented by ordinance
or resolution to the creation of the district and to the inclusion of land
in the district.
(b) If the city does not
consent to the creation of the district and to the inclusion of land in the
district before September 1, 2014:
(1) the district is
dissolved September 1, 2014, except that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to the city or
another local governmental entity to be used for a public purpose; and
(C) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred; and
(2) this chapter,
including Section 3924.055, expires September 1, 2014.
Sec. 3924.006. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3924.007. INITIAL
DISTRICT TERRITORY.
Sec. 3924.008.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of
the district is eligible to be included in:
(1) a tax increment reinvestment zone created under Chapter 311, Tax
Code;
(2) a tax abatement
reinvestment zone created under Chapter 312, Tax Code; or
(3) an enterprise zone
created under Chapter 2303, Government Code.
Sec. 3924.009.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3924.010.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3924.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring June 1 of
each odd-numbered year.
(b) The board by
resolution may change the number of voting directors on the board if the
board determines that the change is in the best interest of the district.
The board may not consist of fewer than 5
or more than 15 voting directors.
Sec. 3924.052.
APPOINTMENT OF VOTING DIRECTORS. The governing body of the city shall
appoint voting directors from persons
recommended by the board. A person is appointed if a majority of
the members of the governing body and the
mayor vote to appoint that person.
Sec. 3924.053. QUORUM.
Sec. 3924.054.
COMPENSATION.
Sec. 3924.055. INITIAL
VOTING DIRECTORS. (a) The initial board consists of the following voting
directors:
Pos. No.Name of Director
1 Sara Partridge
2 Tyler Zickert
3 Ross Rathgeber
4 George Cofer
5 Andrea Rado Hamilton
(b) Of the initial
directors, the terms of directors appointed for positions one, three, and
five expire June 1, 2015, and the terms of directors appointed for
positions two and four expire June 1, 2017.
(c) Section 3924.052 does
not apply to this section.
(d) This section expires
September 1, 2017.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3924.101. GENERAL
POWERS AND DUTIES.
Sec. 3924.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3924.103. LOCATION
OF IMPROVEMENT PROJECT. An improvement project described by Section
3924.102 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if the project is for the purpose of extending an
improvement project beyond the district's boundaries.
Sec. 3924.104.
DEVELOPMENT CORPORATION POWERS.
Sec. 3924.105. NONPROFIT
CORPORATION.
Sec. 3924.106.
AGREEMENTS; GRANTS.
Sec. 3924.107. LAW
ENFORCEMENT SERVICES.
Sec. 3924.108. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3924.109. ECONOMIC
DEVELOPMENT.
Sec. 3924.110. PARKING
FACILITIES.
Sec. 3924.111. APPROVAL
BY CITY.
Sec. 3924.112. COMPLIANCE
WITH MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION.
Sec. 3924.113. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; TAX AND ASSESSMENT ABATEMENTS
Sec. 3924.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3924.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
No
equivalent provision.
Sec. 3924.153.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3924.154. TAX AND
ASSESSMENT ABATEMENTS.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3924.201. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3924.202. OPERATION
AND MAINTENANCE TAX.
Sec. 3924.203. CONTRACT
TAXES.
Sec. 3924.204. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 3924.205. TAXES FOR
BONDS.
Sec. 3924.206. CITY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3924 to
read as follows:
CHAPTER 3924. ONION CREEK
METRO PARK DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3924.001.
DEFINITIONS
Sec. 3924.002. NATURE OF
DISTRICT.
Sec. 3924.003. PURPOSE;
DECLARATION OF INTENT. (a) The creation of the district is essential to
accomplish the purposes of Sections 52 and 52-a, Article III, and Section
59, Article XVI, Texas Constitution, and other public purposes stated in
this chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public purposes set
out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the
district is necessary to promote, develop, encourage, and maintain
employment, commerce, transportation, housing, tourism, recreation, the
arts, entertainment, economic development, safety, and the public welfare
in the district.
(c) This chapter and the
creation of the district may not be interpreted to relieve the city or the
county from providing the level of services provided as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant city or county services provided in the
district.
Sec. 3924.004.
CONFIRMATION ELECTION REQUIRED. The initial directors shall hold an
election to confirm the creation of the district as provided by Section
49.102, Water Code.
Sec. 3924.005. CONSENT OF
MUNICIPALITY REQUIRED.
(a) The initial directors
may not hold an election under Section 3924.004 until the city has
consented by ordinance or resolution to the creation of the district and to
the inclusion of land in the district.
(b) If the city does not
consent to the creation of the district and to the inclusion of land in the
district before September 1, 2014:
(1) the district is
dissolved September 1, 2014, except that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to the city or
another local governmental entity to be used for a public purpose; and
(C) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred; and
(2) this chapter,
including Section 3924.055, expires September 1, 2014.
(c) In addition to the requirements prescribed by Subsection (a),
the ordinance or resolution described by Subsection (a):
(1) must specify the qualifications for persons to be eligible to
serve as permanent directors; and
(2) may limit the number of terms a director may serve.
Sec. 3924.006. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3924.007. INITIAL
DISTRICT TERRITORY.
Sec. 3924.008.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of
the district is eligible to be included in:
(1) a tax abatement
reinvestment zone created under Chapter 312, Tax Code; or
(2) an enterprise zone
created under Chapter 2303, Government Code.
Sec. 3924.009.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3924.010.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3924.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of seven voting directors who serve staggered
terms of four years, with three or four directors' terms expiring June 1 of
each odd-numbered year.
(b) The qualifications of the permanent directors must comply with
those established in the ordinance or resolution under Section
3924.005(c)(1).
(c) The board by
resolution may change the number of voting directors on the board if the
board determines that the change is in the best interest of the district and the city approves the change. The board
may not consist of fewer than 7 or
more than 15 voting directors.
Sec. 3924.052.
APPOINTMENT OF VOTING DIRECTORS. The governing body of the city shall
appoint the voting directors. A person is appointed if a majority of the
members of the governing body vote to appoint that person.
Sec. 3924.053. QUORUM.
Sec. 3924.054.
COMPENSATION.
Sec. 3924.055. INITIAL
VOTING DIRECTORS. (a) The initial board consists of the following voting
directors:
Pos. No.Name of Director
1 Sara Partridge
2 Tyler Zickert
3 Ross Rathgeber
4 George Cofer
5 Andrea Rado Hamilton
6 Cile Montgomery
7 Philip Koske
(b) Of the initial
directors, the terms of directors appointed for positions one, three, five,
and seven expire June 1, 2015, and the
terms of directors appointed for positions two, four, and six expire June 1, 2017.
(c) Section 3924.052 does
not apply to this section.
(d) This section expires
September 1, 2017.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3924.101. GENERAL
POWERS AND DUTIES.
Sec. 3924.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3924.103. LOCATION
OF IMPROVEMENT PROJECT. An improvement project described by Section
3924.102 may be located:
(1) in the district; or
(2) in an area outside
the district if the board determines that the project benefits the
district.
Sec. 3924.104.
DEVELOPMENT CORPORATION POWERS.
Sec. 3924.105. NONPROFIT
CORPORATION.
Sec. 3924.106.
AGREEMENTS; GRANTS.
Sec. 3924.107. LAW
ENFORCEMENT SERVICES.
Sec. 3924.108. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3924.109. ECONOMIC
DEVELOPMENT.
Sec. 3924.110. PARKING
FACILITIES.
Sec. 3924.111. APPROVAL
BY CITY.
Sec. 3924.112. COMPLIANCE
WITH MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION; ENFORCEABILITY OF AGREEMENT.
Sec. 3924.113. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; TAX AND ASSESSMENT ABATEMENTS
Sec. 3924.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3924.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3924.153.
ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by this chapter
in all or any part of the district.
(b) An assessment, a reassessment,
or an assessment resulting from an addition to or correction of the
assessment roll by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's fees
incurred by the district:
(1) are a first and prior
lien against the property assessed;
(2) are superior to any
other lien or claim other than a lien or claim for county, school district,
or municipal ad valorem taxes; and
(3) are the personal
liability of and a charge against the owners of the property even if the
owners are not named in the assessment proceedings.
(c) The lien is effective
from the date of the board's resolution imposing the assessment until the
date the assessment is paid. The board may enforce the lien in the same
manner that the board may enforce an ad valorem tax lien against real
property.
(d) The board may make a
correction to or deletion from the assessment roll that does not increase
the amount of assessment of any parcel of land without providing notice and
holding a hearing in the manner required for additional assessments.
Sec. 3924.154.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3924.155. TAX AND
ASSESSMENT ABATEMENTS.
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3924.201. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3924.202. OPERATION
AND MAINTENANCE TAX.
Sec. 3924.203. CONTRACT
TAXES.
Sec. 3924.204. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 3924.205. TAXES FOR
BONDS.
Sec. 3924.206. CITY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
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