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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3947 to
read as follows:
CHAPTER 3947. CELINA
MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3947.001.
DEFINITIONS.
Sec. 3947.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3947.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3947.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3947.005. DISTRICT
TERRITORY.
Sec. 3947.006.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3947.007.
CONSTRUCTION OF CHAPTER.
Sec. 3947.008. CONFLICTS
OF LAW.
Sec. 3947.009. CONSENT OF
MUNICIPALITY REQUIRED. The board may not hold an election to authorize the
issuance of bonds until the city has consented by ordinance or resolution
to the creation of the district and to the inclusion of land in the
district. The city's consent must be granted in the manner provided by
Section 54.016, Water Code, for including land within the corporate limits
or extraterritorial jurisdiction of a city.
Sec. 3947.010. EFFECT OF
ANNEXATION. Notwithstanding any other law, if all of the territory of the
district is annexed by the city into the city's corporate limits, the
district retains all of the district's outstanding debt and obligations and
continues to operate under this chapter until the district is dissolved
under Subchapter G.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3947.051. GOVERNING
BODY; TERMS. The district is governed by a board of five directors who
serve staggered terms of four years, with two or three directors' terms
expiring June 1 of each even-numbered year. One director is appointed by
the city, and four directors are appointed by the commission as provided by
Section 3947.052.
Sec. 3947.052.
APPOINTMENT AND REMOVAL OF DIRECTOR APPOINTED BY CITY.
Sec. 3947.053.
APPOINTMENT BY COMMISSION.
Sec. 3947.054. VACANCY.
Sec. 3947.055. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3947.056. OFFICERS.
Sec. 3947.057.
COMPENSATION; EXPENSES.
Sec. 3947.058. LIABILITY
INSURANCE.
Sec. 3947.059. NO
EXECUTIVE COMMITTEE.
Sec. 3947.060. BOARD
MEETINGS.
Sec. 3947.061. INITIAL
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3947.101. GENERAL
POWERS AND DUTIES.
Sec. 3947.102.
IMPROVEMENT PROJECTS AND SERVICES. (a) Subject to Subsection (b), the
district may provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service using money
available to the district, or contract with a governmental or private
entity to provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service authorized under
this chapter or Chapter 375, Local Government Code.
(b) The district may not
construct or finance an improvement project, other than a water, sewer, or
drainage facility or road, without obtaining the written consent of the city's governing body.
(See Sec. 3947.251(e)
below.)
Sec. 3947.103. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3947.104. OWNERSHIP
OF IMPROVEMENT PROJECTS.
Sec. 3947.105. RETAIL
WATER AND SEWER SERVICES PROHIBITED.
Sec. 3947.106. ADDING OR
REMOVING TERRITORY. (a) Subject to Subsections (b) and (c), the board may
add or remove territory as provided by Subchapter J, Chapter 49, Water
Code.
(b) The district may add
territory as described by Subsection (a) only if the district obtains written consent from the governing body
of the city.
(c) The district and any district created under Subchapter D
may not add a total area of more
than 100 acres.
Sec. 3947.107. LIMITED
EMINENT DOMAIN POWER. The district may not exercise the power of eminent
domain unless the district obtains written
consent from the governing body of the city.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3947.151. DIVISION
OF DISTRICT; PREREQUISITES.
SUBCHAPTER E. GENERAL FINANCIAL
PROVISIONS; ASSESSMENTS
Sec. 3947.201.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3947.202. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3947.203. METHOD OF
NOTICE FOR HEARING.
Sec. 3947.204.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3947.205. NOTICE OF
ASSESSMENTS.
SUBCHAPTER F. TAXES AND
BONDS
Sec. 3947.251. BONDS AND
OTHER OBLIGATIONS. (a) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from ad valorem
taxes or assessments in the manner provided by Subchapter A, Chapter 372,
or Subchapter J, Chapter 375, Local Government Code. Sections 375.207(a)
and (b), Local Government Code, do not apply to the district.
(b) In exercising the
district's borrowing power, the district may issue a bond or other
obligation in the form of a bond, note, certificate of participation or
other instrument evidencing a proportionate interest in payments to be made
by the district, or other type of obligation.
(c) In addition to the
sources of money described by Subchapter A, Chapter 372, and Subchapter J,
Chapter 375, Local Government Code, district bonds may be secured and made
payable wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
(d) Not later than the
30th day before the date the district holds a bond sale, the district shall
provide the governing body of the city written notice of the sale.
(e) The district may
issue bonds, notes, or other obligations to maintain or repair an existing
improvement project only if the district obtains written consent from the governing body of the city.
SUBCHAPTER G. DISSOLUTION
Sec. 3947.301.
DISSOLUTION BY CITY ORDINANCE.
Sec. 3947.302.
COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3947.303. 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 3798 to
read as follows:
CHAPTER 3798. CELINA
MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3798.001.
DEFINITIONS.
Sec. 3798.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3798.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3798.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3798.005. DISTRICT
TERRITORY.
Sec. 3798.006.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3798.007.
CONSTRUCTION OF CHAPTER.
Sec. 3798.008. CONFLICTS
OF LAW.
Sec. 3798.009. CONSENT OF
MUNICIPALITY REQUIRED. The board may not hold an election to authorize the
issuance of bonds until the governing
body of the city by ordinance or resolution consents to the creation
of the district and to the inclusion of land in the district. The city's
consent must be granted in the manner provided by Section 54.016, Water
Code, for including land within the corporate limits or extraterritorial
jurisdiction of a city.
Sec. 3798.010. EFFECT OF
ANNEXATION. Notwithstanding any other law, if all or any part of the territory of the district is annexed
by the city into the city's corporate limits, the district retains all of
the district's outstanding debt and obligations and continues to operate
under this chapter until the district is dissolved under Subchapter G.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3798.051. GOVERNING
BODY; TERMS. The district is governed by a board of five directors who
serve staggered terms of four years, with two or three directors' terms
expiring June 1 of each even-numbered year. One director is appointed by
the city, and four directors are appointed by the commission as provided by
Sections 3798.052 and 3798.053,
respectively.
Sec. 3798.052.
APPOINTMENT AND REMOVAL OF DIRECTOR APPOINTED BY CITY.
Sec. 3798.053.
APPOINTMENT BY COMMISSION.
Sec. 3798.054. VACANCY.
Sec. 3798.055. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3798.056. OFFICERS.
Sec. 3798.057.
COMPENSATION; EXPENSES.
Sec. 3798.058. LIABILITY
INSURANCE.
Sec. 3798.059. NO
EXECUTIVE COMMITTEE.
Sec. 3798.060. BOARD
MEETINGS.
Sec. 3798.061. INITIAL
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3798.101. GENERAL
POWERS AND DUTIES.
Sec. 3798.102.
IMPROVEMENT PROJECTS AND SERVICES. (a) Subject to Subsection (b), the
district may provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service using money
available to the district, or contract with a governmental or private
entity to provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service authorized under
this chapter or Chapter 375, Local Government Code.
(b) The district may not
construct or finance an improvement project, other than a water, sewer, or
drainage facility or road, unless the governing body of the city by ordinance or resolution consents to
the construction or financing.
(c) The district may
issue bonds, notes, or other obligations to maintain or repair an existing
improvement project only if the governing body of the city by ordinance or resolution consents to
the issuance.
Sec. 3798.103. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3798.104. OWNERSHIP
OF IMPROVEMENT PROJECTS.
Sec. 3798.105. RETAIL
WATER AND SEWER SERVICES PROHIBITED.
Sec. 3798.106. ADDING OR
REMOVING TERRITORY. (a) Subject to Subsections (b), (c), and (d), the board may add or remove
territory as provided by Subchapter J, Chapter 49, Water Code.
(b) The district may add
territory as described by Subsection (a) only if the governing body of the
city by ordinance or resolution
consents to the addition.
(c) The district and all districts created under Subchapter
D collectively may add a total
area of not more than 100 acres.
(d) Territory added under Subsection (a) must be contiguous to
the district at the time of the addition.
Sec. 3798.107. LIMITED
EMINENT DOMAIN POWER. The district may not exercise the power of eminent
domain unless the governing body of the city by
ordinance or resolution consents to the exercise.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3798.151. DIVISION
OF DISTRICT; PREREQUISITES.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3798.201.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3798.202. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3798.203. METHOD OF
NOTICE FOR HEARING.
Sec. 3798.204.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3798.205. NOTICE OF
ASSESSMENTS.
SUBCHAPTER F. TAXES AND
BONDS
Sec. 3798.251. BONDS AND
OTHER OBLIGATIONS. (a) The district may issue, by public or private sale,
bonds, notes, or other obligations payable wholly or partly from ad valorem
taxes or assessments in the manner provided by Subchapter A, Chapter 372,
or Subchapter J, Chapter 375, Local Government Code. Sections 375.207(a)
and (b), Local Government Code, do not apply to the district.
(b) In exercising the
district's borrowing power, the district may issue a bond or other
obligation in the form of a bond, note, certificate of participation or
other instrument evidencing a proportionate interest in payments to be made
by the district, or other type of obligation.
(c) In addition to the
sources of money described by Subchapter A, Chapter 372, and Subchapter J,
Chapter 375, Local Government Code, district bonds may be secured and made
payable wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
(d) Not later than the
30th day before the date the district holds a bond sale, the district shall
provide the governing body of the city written notice of the sale.
(See Sec. 3798.102(c)
above.)
SUBCHAPTER G. DISSOLUTION
Sec. 3798.301.
DISSOLUTION BY CITY ORDINANCE.
Sec. 3798.302. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3798.303. ASSUMPTION
OF ASSETS AND LIABILITIES.
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3798.901. APPLICABILITY. This subchapter applies only to
bonds payable wholly or partly from revenue derived from assessments on
real property in the district.
Sec. 3798.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter prevails.
Sec. 3798.903. WRITTEN AGREEMENT REGARDING SPECIAL APPRAISALS.
Before the district may issue bonds, the district and any person to whom
the board intends that proceeds of the bonds be distributed, including the
developer, another owner of land in the district, and any entity acting as
a lender to the developer or other landowner for the purpose of a project
relating to the district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a special
appraisal with respect to taxation by the district under Subchapters B, C,
D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on the
parties, on entities related to or affiliated with the parties, and on
their successors and assignees.
Sec. 3798.904. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A
district may not advertise for an issuance of bonds until the completion of
at least 25 percent of the projected value of the improvements, including
houses and other buildings, that are liable for district assessments and
necessary to support the district bonds.
Sec. 3798.905. REQUIREMENTS FOR BOND ISSUE. The district may
not issue bonds until:
(1) the district submits to the commission:
(A) an engineer's report describing the project for which the
bonds will provide funding, including data, profiles, maps, plans, and
specifications related to the project; and
(B) a cash flow analysis to determine the projected rate of
assessment, which includes the following assumptions:
(i) each ending balance for debt service in the analysis is not
less than 25 percent of the following year's debt service requirement;
(ii) interest income is only shown on the ending balance for
debt service for the first two years; and
(iii) the projected rate of assessment is level or decreasing
for the life of the bonds issued by the district;
(2) the completion of at least 75 percent of the projected
value of the improvements, including houses and other buildings, that are
liable for district assessments and necessary to support the district
bonds; and
(3) the district has obtained an independent market study from
a firm recognized in the area of real estate market analysis supporting the
development projects for the real property that is liable for district
assessments and necessary to support the district bonds.
Sec. 3798.906. REQUIREMENTS FOR COLLECTION OF REVENUE TO PAY
BONDS. The district may not collect an assessment to be used for the
payment of bonds until:
(1) the completion of at least 95 percent of the underground
water, wastewater, and drainage facilities financed from bond proceeds that
are necessary to serve the projected build-out, as certified by the
district's engineer;
(2) the district or other appropriate party has secured the
groundwater, surface water, and water discharge permits that are necessary
to secure capacity to support the projected build-out;
(3) the completion of at least 95 percent of lift station,
water plant, and sewage treatment plant capacity sufficient to serve the
connections constructed in the project for a period of not less than 18
months, as certified by the district's engineer; and
(4) the completion of at least 95 percent of the streets and
roads that are necessary to provide access to the areas served by utilities
and financed by the proceeds of bonds issued by the district, as certified
by the district's engineer and constructed in accordance with municipal or
county standards.
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