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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3959 to
read as follows:
CHAPTER 3959. NORTH
CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3959.001.
DEFINITIONS.
Sec. 3959.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3959.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3959.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3959.005. INITIAL
DISTRICT TERRITORY.
Sec. 3959.006.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW. (a) Except as
provided by this chapter, Chapter 375, Local Government Code, applies to
the district.
(b) The following provisions of Chapter 375, Local Government
Code, do not apply to the district:
(1) Sections 375.161 and 375.164; and
(2) Subchapters B and O.
(c) This chapter prevails over any provision of Chapter 375,
Local Government Code, that is in conflict or inconsistent with this
chapter.
Sec. 3959.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3959.008.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) 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.
(b) If the city creates a
tax increment reinvestment zone described by Subsection (a), the city and
the board of directors of the zone, by contract with the district, may
grant money deposited in the tax increment fund to the district to be used
by the district for:
(1) the purposes
permitted for money granted to a corporation under Section 380.002(b),
Local Government Code; and
(2) any other district
purpose, including the right to pledge the money as security for any bonds
or other obligations issued by the district under Section 3959.251.
(c) If the city creates a
tax increment reinvestment zone described by Subsection (a), the city may
determine the percentage of the property in the zone that may be used for
residential purposes and is not subject to the limitations provided by
Section 311.006, Tax Code.
Sec. 3959.009. 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:
(1) retains all of the
district's outstanding debt and obligations;
(2) is not dissolved; and
(3) continues to operate
under this chapter until the district is dissolved under Subchapter G.
Sec. 3959.010.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3959.051. GOVERNING
BODY; TERMS.
Sec. 3959.053. REMOVAL OF
DIRECTORS.
Sec. 3959.054. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of
Director
1_________________
2_________________
3_________________
4_________________
5_________________
(b) Initial directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 3959.007; or
(2) the fourth
anniversary of the effective date of the Act enacting this chapter.
(c) If permanent
directors have not been elected under Section 3959.007 and the terms of the
initial directors have expired, successor initial directors shall be
appointed or reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent
directors are elected under Section 3959.007; or
(2) the fourth
anniversary of the date of the appointment or reappointment.
(d) If Subsection (c)
applies, the owner or owners of a majority of the assessed value of the
real property in the district according to the most recent certified tax
appraisal rolls for the county may submit a petition to the commission
requesting that the commission appoint as successor initial directors the
five persons named in the petition. The commission shall appoint as
successor initial directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3959.101. GENERAL
POWERS AND DUTIES.
Sec. 3959.102. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3959.103. IMPROVEMENT
PROJECTS AND SERVICES.
Sec. 3959.104. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3959.105. OWNERSHIP
OF IMPROVEMENT PROJECTS.
Sec. 3959.106. RETAIL
WATER AND SEWER SERVICES PROHIBITED.
Sec. 3959.107. 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. 3959.108. LIMITED
EMINENT DOMAIN POWER.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3959.151. DIVISION
OF DISTRICT; PREREQUISITES. The district,
including territory added to the district under Section 3959.107,
may be divided into two or more new districts only if the district has no
outstanding bonded debt. Territory
previously added to the district under Section 3959.107 may be included in
a new district.
Sec. 3959.152. 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. 3959.153. 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) If the board decides to divide the district, the board shall:
(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 four initial directors for each new
district.
(c) The governing body of the city shall appoint one director
for each new district.
Sec. 3959.154. CONTRACT AUTHORITY OF NEW DISTRICTS. 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 an improvement authorized under this chapter or the joint
financing of water services, wastewater services, or a maintenance
obligation.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3959.201.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3959.202. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3959.203. METHOD OF
NOTICE FOR HEARING.
Sec. 3959.204.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3959.205. NOTICE OF
ASSESSMENTS.
SUBCHAPTER F. TAXES AND
BONDS
Sec. 3959.251. 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. 3959.301.
DISSOLUTION BY CITY ORDINANCE.
Sec. 3959.302. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3959.303. 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 3959 to
read as follows:
CHAPTER 3959. NORTH
CELINA MUNICIPAL MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3959.001.
DEFINITIONS.
Sec. 3959.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3959.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3959.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3959.005. INITIAL
DISTRICT TERRITORY.
Sec. 3959.006. APPLICABILITY
OF MUNICIPAL MANAGEMENT DISTRICT LAW. Except as provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3959.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3959.008. CONSENT OF MUNICIPALITY REQUIRED. The initial
directors may not hold an election under Section 3959.007 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.
Sec. 3959.009.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) 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.
(b) If the city creates a
tax increment reinvestment zone described by Subsection (a), the city and
the board of directors of the zone, by contract with the district, may
grant money deposited in the tax increment fund to the district to be used
by the district for:
(1) the purposes
permitted for money granted to a corporation under Section 380.002(b),
Local Government Code; and
(2) any other district
purpose, including the right to pledge the money as security for any bonds
or other obligations issued by the district under Section 3959.201.
(c) If the city creates a
tax increment reinvestment zone described by Subsection (a), the city may
determine the percentage of the property in the zone that may be used for
residential purposes and is not subject to the limitations provided by
Section 311.006, Tax Code.
Sec. 3959.010. 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:
(1) retains all of the
district's outstanding debt and obligations;
(2) is not dissolved; and
(3) continues to operate
under this chapter until the district is dissolved under Subchapter F.
Sec. 3959.011.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3959.051. GOVERNING
BODY; TERMS.
Sec. 3959.053. REMOVAL OF
DIRECTORS.
Sec. 3959.054. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of
Director
1 John Peavy
2 Charles Taylor
3 Steve Cook
4 Paul Schlosberg
5 Russell Miller
(b) Initial directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 3959.007; or
(2) the fourth
anniversary of the effective date of the Act enacting this chapter.
(c) If permanent
directors have not been elected under Section 3959.007 and the terms of the
initial directors have expired, successor initial directors shall be
appointed or reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent
directors are elected under Section 3959.007; or
(2) the fourth
anniversary of the date of the appointment or reappointment.
(d) If Subsection (c)
applies, the owner or owners of a majority of the assessed value of the
real property in the district according to the most recent certified tax
appraisal rolls for the county may submit a petition to the commission
requesting that the commission appoint as successor initial directors the
five persons named in the petition. The commission shall appoint as
successor initial directors the five persons named in the petition.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3959.101. GENERAL
POWERS AND DUTIES.
Sec. 3959.102. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3959.103.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3959.104. LOCATION
OF IMPROVEMENT PROJECT.
Sec. 3959.105. OWNERSHIP
OF IMPROVEMENT PROJECTS.
Sec. 3959.106. RETAIL
WATER AND SEWER SERVICES PROHIBITED.
Sec. 3959.107. 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 Section 3959.108 may not add a total area of more
than 100 acres.
Sec. 3959.109. LIMITED
EMINENT DOMAIN POWER.
Sec. 3959.108. DIVISION
OF DISTRICT. (a) The district may be divided into two or more new
districts only if the district:
(1) has no outstanding
bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies
to any new district created by the division of the district, and a new
district has all the powers and duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land outside
the area described by Section 2 of the Act enacting this chapter.
(d) The board, on its own
motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value
of the real property in the
district, may adopt an order dividing the district.
(e) The board may adopt an order dividing the
district before or after the date the
board holds an election under Section 3959.007 to confirm the creation of
the district.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds
description of the territory of
each new district;
(3) appoint initial
directors for each new district; and
(4) provide for the division of assets and liabilities between
or among the new districts.
(g) On or before the 30th day after the date of adoption of an
order dividing the district, the district shall file the order with the
commission and record the order in the real property records of each county
in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by Section
3959.007.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section 3959.008 acts
as municipal consent to the creation of any new district created by the
division of the district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district must
hold an election as required by this chapter to obtain voter approval
before the district may impose a maintenance tax or issue bonds payable
wholly or partly from ad valorem taxes.
(k) If the creation of the new district is confirmed, the new
district shall provide the election date and results to the commission.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3959.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3959.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3959.153. METHOD OF
NOTICE FOR HEARING.
Sec. 3959.154.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3959.155. NOTICE OF
ASSESSMENTS.
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3959.201. 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:
(1) Subchapter J, Chapter
375, Local Government Code; or
(2) Subchapter A, Chapter
372, Local Government Code, if the
improvements financed by an obligation issued under this section will be
conveyed to or operated and maintained by a municipality or other retail
utility provider pursuant to an agreement with the district entered into
before the issuance of the obligation.
(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 F. DISSOLUTION
Sec. 3959.251. DISSOLUTION
BY CITY ORDINANCE.
Sec. 3959.252. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3959.253. ASSUMPTION
OF ASSETS AND LIABILITIES.
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