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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8477 to
read as follows:
CHAPTER 8477. CASCADES
MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8477.001.
DEFINITIONS.
Sec. 8477.002. NATURE OF
DISTRICT.
Sec. 8477.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary 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. 8477.004. CONSENT OF
MUNICIPALITY REQUIRED. The temporary directors may not hold an election
under Section 8477.003 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has consented by
ordinance or resolution to the creation of the district and to the
inclusion of land in the district.
No
equivalent provision.
Sec. 8477.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a
public purpose and benefit.
(b) The district is
created to accomplish the purposes of:
(1) a municipal utility
district as provided by general law and Section 59, Article XVI, Texas
Constitution; and
(2) Section 52, Article
III, Texas Constitution, that relate to the construction, acquisition, or
improvement of macadamized, graveled, or paved roads described by Section 54.234, Water Code, or
improvements, including storm drainage, in aid of those roads.
Sec. 8477.006. INITIAL
DISTRICT TERRITORY.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8477.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five elected directors.
No
equivalent provision.
No
equivalent provision.
(b) Except as provided by
Section 8477.052, directors serve staggered four-year terms.
Sec. 8477.052. TEMPORARY
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8477.101. GENERAL
POWERS AND DUTIES.
Sec. 8477.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8477.103. AUTHORITY
FOR ROAD PROJECTS.
Sec. 8477.104. APPROVAL
OF ROAD PROJECT.
Sec. 8477.105. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply
with all applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that consents to
the creation of the district or to the inclusion of land in the district.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8477.151. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8477.152. OPERATION
AND MAINTENANCE TAX. (a) If authorized at an election held under Section
8477.151, the district may impose an operation and maintenance tax on
taxable property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall
determine the tax rate. The rate may not exceed the rate approved at the
election.
No
equivalent provision.
Sec. 8477.153. CONTRACT
TAXES.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8477.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8477.202. TAXES FOR
BONDS.
Sec. 8477.203. BONDS FOR
ROAD PROJECTS.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8477 to
read as follows:
CHAPTER 8477. CASCADES
MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8477.001.
DEFINITIONS.
Sec. 8477.002. NATURE OF
DISTRICT.
Sec. 8477.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors
shall hold an election to confirm the creation of the district and to elect
permanent directors as provided by Section 49.102, Water Code, and this chapter.
Sec. 8477.004. CONSENT OF
MUNICIPALITY REQUIRED. (a) The temporary directors may not hold an
election under Section 8477.003 until each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the district and to
the inclusion of land in the district.
(b) If a municipality in
whose extraterritorial jurisdiction the district is located does not
consent to the creation of the district or if the district does not enter
into an agreement required by the terms of the municipal ordinance or
resolution consenting to the creation of the district under this section
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 municipality
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 expires
September 1, 2014.
Sec. 8477.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a
public purpose and benefit.
(b) The district is
created to accomplish the purposes of:
(1) a municipal utility
district as provided by general law and Section 59, Article XVI, Texas
Constitution; and
(2) Section 52, Article
III, Texas Constitution, that relate to the construction, acquisition,
improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements, including storm
drainage, in aid of those roads.
Sec. 8477.006. INITIAL
DISTRICT TERRITORY.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8477.051. GOVERNING
BODY; TERMS. (a) Except as provided by
Subsection (b), the district is governed by a board of elected
directors qualified to serve under Section
54.102, Water Code.
(b) If required under the
terms of the agreement, ordinance, or resolution by which a municipality
consents to the creation of the district, the board consists of:
(1) four elected
directors qualified to serve under Section 54.102, Water Code; and
(2) one director
appointed by the governing body of the municipality who:
(A) may be a member or
other officer of the governing body or an employee of the municipality; and
(B) is not required to be
a qualified voter of the district or own land subject to taxation in the
district.
(c) The common law
doctrine of incompatibility does not disqualify a member or other officer
of the governing body or employee of the municipality from being appointed
a director by the governing body of a municipality under Subsection (b)(2),
and a director appointed to the board may continue to serve in a public
office of or be employed by the municipality.
(d) Except as provided by
Section 8477.052, directors serve staggered four-year terms. A permanent director may not serve more than two
four-year terms.
Sec. 8477.052. TEMPORARY
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8477.101. GENERAL
POWERS AND DUTIES.
Sec. 8477.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8477.103. AUTHORITY
FOR ROAD PROJECTS.
Sec. 8477.104. APPROVAL
OF ROAD PROJECT.
Sec. 8477.105. COMPLIANCE
WITH AND ENFORCEABILITY OF MUNICIPAL
CONSENT ORDINANCE OR RESOLUTION. (a) The district shall comply with all
applicable requirements of any ordinance or resolution that is adopted
under Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the district.
(b) Any agreement between
the district and a municipality related to the municipality's consent to
the creation of the district is valid and enforceable.
(c) On the issuance of
bonds by the district, the district is considered to have waived sovereign
immunity to suit by a municipality for the purpose of adjudicating a claim
for breach of an agreement described by this section.
(d) The district and a
municipality may contract on terms that the board and governing body of the
municipality agree will further regional cooperation between the district
and the municipality.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8477.151. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8477.152. OPERATION
AND MAINTENANCE TAX. (a) If authorized at an election held under Section
8477.151, the district may impose an operation and maintenance tax on
taxable property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall
determine the tax rate. The rate may not exceed the rate approved at the
election.
(c) If required by an
agreement between the district and a municipality under Section 8477.105, the
total ad valorem tax rate of the district may not be less than the total ad
valorem tax rate of the municipality.
Sec. 8477.153. CONTRACT
TAXES.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8477.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8477.202. TAXES FOR
BONDS.
Sec. 8477.203. BONDS FOR
ROAD PROJECTS.
SUBCHAPTER F. STRATEGIC
PARTNERSHIP AGREEMENT; MUNICIPAL ANNEXATION AND NOTICE
Sec. 8477.301. STRATEGIC
PARTNERSHIP; CONTINUATION OF DISTRICT AFTER ANNEXATION BY MUNICIPALITY.
(a) The district may continue to exist as a limited district after
full-purpose annexation by a municipality if the district and the annexing
municipality state the terms of the limited district's existence in a
strategic partnership agreement under Section 43.0751, Local Government
Code.
(b) The strategic
partnership agreement may provide for a term of any number of years. The
limitation in Section 43.0751(g)(2), Local Government Code, on the length
of the term does not apply to a limited district created under this
section.
Sec. 8477.302. MUNICIPAL
ANNEXATION; NOTICE. (a) Sections 43.0561 and 43.0562, Local Government
Code, do not apply to the annexation of the district by a municipality that
consents to the creation of the district under Section 8477.004.
(b) Not later than the
30th day after the date a municipality adopts a resolution or ordinance
consenting to the creation of the district, the municipality shall file, in
the real property records of the county in which the land to be included in
the district is located, a notice to purchasers of real property in the
district that describes:
(1) the municipality's
authority and intention to annex the district; and
(2) the anticipated date
of the annexation.
(c) After the notice is
filed, a person who proposes to sell or otherwise convey real property in
the district must include the information contained in the municipality's
notice in the Notice to Purchasers required by Section 49.452, Water Code.
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