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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3919 to
read as follows:
CHAPTER 3919. OLD CELINA
MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3919.001.
DEFINITIONS.
Sec. 3919.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3919.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3919.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3919.005. INITIAL
DISTRICT TERRITORY.
Sec. 3919.006. ELIGIBILITY
FOR INCLUSION IN SPECIAL ZONES.
Sec. 3919.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW.
Sec. 3919.008. FORM OF
CITY APPROVAL.
Sec. 3919.009.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3919.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five directors composed of:
(1) three directors appointed by the governing body of the city;
(2) the city manager; and
(3) the city's chief financial officer.
(b) Appointed directors serve staggered terms of
four years, with one or two directors'
terms expiring May 31 of each even-numbered year.
Sec. 3919.052.
QUALIFICATIONS OF DIRECTOR. (a) Sections 375.063 and 375.072(a) and (c),
Local Government Code, do not apply to a director.
(b) Section 49.052, Water
Code, does not apply to the district.
(c) Notwithstanding any
other law:
(1) an officer or
employee of the city may serve as a director of the district;
(2) a member of the
governing body of the city may serve as a director of the district; and
(3) a person who
qualifies to serve as a director is qualified to participate in all votes
pertaining to the business of the district.
Sec. 3919.053. VACANCY.
Sec. 3919.054. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3919.055. OFFICERS.
The board shall elect from among the directors a chair, a vice chair, and a
secretary.
Sec. 3919.056.
COMPENSATION; EXPENSES. (a) The district shall compensate as provided by
Section 49.060, Water Code, each director who
is not a member of the governing body of the city or an employee of the
city.
(b) A director is
entitled to reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of a director.
Sec. 3919.057. LIABILITY
INSURANCE.
Sec. 3919.058. BOARD
MEETINGS.
Sec. 3919.059. REMOVAL OF
DIRECTORS. The governing body of the city may remove a director appointed
under Section 3919.051(a)(1).
Sec. 3919.060. INITIAL
DIRECTORS. (a) The initial board consists
of the following directors:
(1) Mike Forman, city manager;
(2) Jay Toutounchian, city chief financial officer; and
(3) three directors appointed by the governing body of the city.
(b) Of the initial
directors, the term of one director appointed
under Subsection (a)(3) expires May 31, 2016, and the terms of the other two directors appointed under Subsection
(a)(3) expire May 31, 2014.
(c) The governing body of
the city shall determine which director's term expires May 31, 2016, and
which directors' terms expire May 31, 2014.
(d) This section expires
September 1, 2016.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3919.101. GENERAL
POWERS AND DUTIES.
Sec. 3919.102.
IMPROVEMENT PROJECTS.
Sec. 3919.103. WATER
DISTRICT POWERS.
Sec. 3919.104. ROAD
PROJECT POWERS; LIMITATION.
Sec. 3919.105. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3919.106. CONTRACT
POWERS.
Sec. 3919.107.
LIMITATIONS ON EMERGENCY SERVICES POWERS.
Sec. 3919.108. ECONOMIC
DEVELOPMENT.
Sec. 3919.109. ADDING OR
REMOVING TERRITORY.
Sec. 3919.110. NO TOLL ROADS
OR MASS TRANSIT.
Sec. 3919.111. NO EMINENT
DOMAIN POWER.
SUBCHAPTER C-1.
IMPROVEMENT PROJECTS AND SERVICES
Sec. 3919.151.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3919.152. BOARD
DETERMINATION REQUIRED.
Sec. 3919.153. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3919.154. CITY
REQUIREMENTS.
Sec. 3919.155. ADDITIONAL
CITY POWERS REGARDING IMPROVEMENT PROJECTS.
Sec. 3919.156.
IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE AREA.
Sec. 3919.157.
CONTRACTS. .
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3919.201. DIVISION
OF DISTRICT; PREREQUISITE. The district, including territory added to the
district under Section 3919.109, may be divided into two or more new
districts only if the district has no outstanding bonded debt.
Sec. 3919.202. LAW
APPLICABLE TO NEW DISTRICT. This chapter applies to any new district
created by division of the district, and a new district has all the powers
and duties of the district.
Sec. 3919.203. DIVISION
PROCEDURES. (a) The board, on its own motion or on receipt of a petition
signed by an owner of real property in the district, may adopt an order
proposing to divide the district.
(b) The board may not
divide the district unless the division is approved by the city. The
resolution or ordinance approving the division may set terms for the
division under Subsection (c).
(c) If the board decides
to divide the district, the board shall, subject to the city's resolution
or ordinance:
(1) set the terms of the
division, including names for the new districts and a plan for the payment
or performance of any outstanding district obligations;
(2) prepare a metes and
bounds description for each proposed district; and
(3) appoint initial
directors for each new district.
Sec. 3919.204. NOTICE AND
RECORDING OF ORDER. Not later than the 30th day after the date of an order
dividing the district, the district shall:
(1) file the order with
the Texas Commission on Environmental Quality; and
(2) record the order in
the real property records of the county.
Sec. 3919.205. CONTRACT
AUTHORITY OF NEW DISTRICTS. (a) Except as provided by Subsection (b), the
new districts may contract with each other for any matter the boards of the
new districts consider appropriate, including the joint construction or
financing of a utility improvement and the joint financing of a maintenance
obligation.
(b) The new districts may
not contract with each other for water and wastewater services.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3919.251.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3919.252. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3919.253. BORROWING
MONEY; OBLIGATIONS.
Sec. 3919.254.
ASSESSMENTS.
Sec. 3919.255. NOTICE OF
ASSESSMENTS. (a)
The board shall annually file written notice with the
secretary of the city that specifies the assessments the district will
impose in the district's next fiscal year in sufficient clarity to describe
the assessments for the operation and maintenance of the district and the assessments
for the payment of debt service of obligations issued or incurred by the
district.
(b) The board shall
annually record in the deed records of the county a current assessment roll
approved by the city.
(c) The assessment roll
must clearly state that the assessments in the assessment roll are in
addition to the ad valorem taxes imposed by other political subdivisions
that tax real property in the district.
(d) The district shall
generate and implement a program to provide notice modeled on the notice
described by Section 49.452(c), Water Code, to a prospective purchaser of
property in the district of the assessments that have been approved and are
imposed by the district.
Sec. 3919.256.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3919.257. NO IMPACT
FEES.
Sec. 3919.258. NO AD
VALOREM TAX.
SUBCHAPTER F. DISSOLUTION
Sec. 3919.301.
DISSOLUTION BY CITY.
Sec. 3919.302. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3919.303. ASSUMPTION
OF ASSETS AND LIABILITIES.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3919 to
read as follows:
CHAPTER 3919. OLD CELINA
MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3919.001.
DEFINITIONS.
Sec. 3919.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3919.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3919.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Substantially
the same as introduced version.
Substantially
the same as introduced version.
Sec. 3919.007. APPLICABILITY
OF MUNICIPAL MANAGEMENT DISTRICT LAW.
Sec. 3919.008. FORM OF
CITY APPROVAL.
Sec. 3919.009.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3919.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five directors appointed by the governing body of the city.
(b) Directors serve
staggered terms of four years, with two or
three directors' terms expiring May 31 of each even-numbered year.
No
equivalent provision.
Sec. 3919.052. VACANCY.
Sec. 3919.053. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3919.054. OFFICERS.
The board shall elect from among the directors a chair, a vice chair, and a
secretary.
Sec. 3919.055.
COMPENSATION; EXPENSES. (a) The district shall compensate each director as provided by Section 49.060,
Water Code.
(b) A director is
entitled to reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of a director.
Sec. 3919.056. LIABILITY
INSURANCE.
Sec. 3919.057. BOARD
MEETINGS.
Sec. 3919.058. REMOVAL OF
DIRECTORS. The governing body of the city may remove a director appointed
under Section 3919.051(a) at any time for
cause or at will.
Sec. 3919.059. INITIAL
DIRECTORS. (a) The initial board consists
of five directors appointed by the governing body of the city.
(b) Of the initial
directors, the terms of two directors expire
May 31, 2016, and the terms of three
directors expire May 31, 2014.
(c) The governing body of
the city shall determine which directors' terms expire May 31, 2016, and
which directors' terms expire May 31, 2014.
(d) This section expires
September 1, 2016.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3919.101. GENERAL
POWERS AND DUTIES.
Sec. 3919.102.
IMPROVEMENT PROJECTS.
Sec. 3919.103. WATER
DISTRICT POWERS.
Sec. 3919.104. ROAD
PROJECT POWERS; LIMITATION.
Sec. 3919.105. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3919.106. CONTRACT
POWERS.
Sec. 3919.107.
LIMITATIONS ON EMERGENCY SERVICES POWERS.
Sec. 3919.108. ECONOMIC
DEVELOPMENT.
Sec. 3919.109. ADDING OR
REMOVING TERRITORY.
Sec. 3919.110. NO TOLL
ROADS OR MASS TRANSIT.
Sec. 3919.111. NO EMINENT
DOMAIN POWER.
SUBCHAPTER C-1.
IMPROVEMENT PROJECTS AND SERVICES
Sec. 3919.151.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3919.152. BOARD
DETERMINATION REQUIRED.
Sec. 3919.153. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3919.154. CITY
REQUIREMENTS.
Sec. 3919.155. ADDITIONAL
CITY POWERS REGARDING IMPROVEMENT PROJECTS.
Sec. 3919.156. IMPROVEMENT
PROJECT AND SERVICE IN DEFINABLE AREA.
Sec. 3919.157.
CONTRACTS.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3919.201.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3919.202. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3919.203. BORROWING
MONEY; OBLIGATIONS.
Sec. 3919.204.
ASSESSMENTS.
Sec. 3919.205. NOTICE OF
ASSESSMENTS. (a) Not later than the 30th
day before the date the board imposes an annual assessment, the
board shall file written notice with the secretary of the city that
specifies the assessments the district will impose in the district's next
fiscal year in sufficient clarity to describe the assessments for the
operation and maintenance of the district and the assessments for the
payment of debt service of obligations issued or incurred by the district.
(b) The board shall
annually record in the deed records of the county a current assessment roll
approved by the city.
(c) The assessment roll
must clearly state that the assessments in the assessment roll are in
addition to the ad valorem taxes imposed by other political subdivisions
that tax real property in the district.
(d) The district shall
generate and implement a program to provide notice modeled on the notice
described by Section 49.452(c), Water Code, to a prospective purchaser of
property in the district of the assessments that have been approved and are
imposed by the district.
Sec. 3919.206.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3919.207. NO IMPACT
FEES.
Sec. 3919.208. NO AD
VALOREM TAX.
SUBCHAPTER E. DISSOLUTION
Sec. 3919.251. DISSOLUTION
BY CITY.
Sec. 3919.252. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3919.253. ASSUMPTION
OF ASSETS AND LIABILITIES.
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