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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3954 to
read as follows:
CHAPTER 3954. PRAIRIE
RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3954.001.
DEFINITIONS.
Sec. 3954.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3954.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3954.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3954.005. INITIAL
DISTRICT TERRITORY.
Sec. 3954.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3954.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3954.008.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW. (a) Except as
provided by this chapter, Chapter 375, Local Government Code, applies to
the district.
(b) Subchapters B and O, Chapter 375, Local Government Code, do
not apply to the district.
Sec. 3954.009.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3954.051. GOVERNING
BODY; TERMS.
Sec. 3954.052. 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 3954.007; 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 3954.007 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 3954.007; 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. 3954.101. GENERAL
POWERS AND DUTIES.
Sec. 3954.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3954.103. PUBLIC IMPROVEMENT DISTRICT POWERS. The district
has the powers provided by Chapter 372, Local Government Code, to a
municipality or county.
Sec. 3954.104. RETAIL WATER AND SEWER SERVICES PROHIBITED. The
district may not provide retail water or sewer services.
Sec. 3954.105. ADDING OR
REMOVING TERRITORY.
Sec. 3954.106. EMINENT
DOMAIN.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3954.151. DIVISION
OF DISTRICT; PREREQUISITES. The district,
including territory added to the district under Section 3954.105,
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 3954.105 may be included in
a new district.
Sec. 3954.152. 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. 3954.153. 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 five initial directors for each new
district.
Sec. 3954.154. 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 project, the joint financing of a maintenance obligation,
or the provision of water and wastewater services.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3954.201.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3954.202. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3954.203. METHOD OF
NOTICE FOR HEARING.
Sec. 3954.204.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3954.205.
RESIDENTIAL PROPERTY NOT EXEMPT.
SUBCHAPTER F. TAXES AND
BONDS
Sec. 3954.251. 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.
Section 375.208, Local Government Code, does not apply to a bond, note, or
other obligation of the district payable from assessments.
(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, receives under Section 3954.006(b), or receives
from any other source.
(d) 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.
Sec. 3954.252. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3954.253. TAXES FOR
BONDS.
Sec. 3954.254. OPERATION
AND MAINTENANCE TAX.
Sec. 3954.255. CONTRACT
TAXES.
SUBCHAPTER G. DISSOLUTION
Sec. 3954.301.
DISSOLUTION BY CITY ORDINANCE.
Sec. 3954.302. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3954.303. 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 3954 to
read as follows:
CHAPTER 3954. PRAIRIE
RIDGE MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3954.001.
DEFINITIONS.
Sec. 3954.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3954.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3954.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 3954.005. INITIAL
DISTRICT TERRITORY.
Sec. 3954.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3954.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3954.008. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 3954.007 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. 3954.009.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW. Except as provided by
this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3954.010.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3954.051. GOVERNING
BODY; TERMS.
Sec. 3954.052. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of
Director
1Murphy Short
2Johnny Catalano
3Reid Halverson
4Riley Standridge
5Brian Tomich
(b) Initial directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 3954.007; 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 3954.007 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 3954.007; 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.
Sec. 3954.053. COMPENSATION; EXPENSES. (a) The district may
compensate each director in an amount not to exceed $150 for each board
meeting. The total amount of compensation for each director in a calendar
year may not exceed $6,000.
(b) The governing body of the city, by resolution or ordinance,
may increase:
(1) the compensation for each director to an amount not to
exceed $300 for each board meeting; and
(2) the total compensation for each director to an amount not
to exceed $12,000 in a calendar year.
(c) A director is entitled to reimbursement for necessary and
reasonable expenses incurred in carrying out the duties and
responsibilities of a director.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3954.101. GENERAL
POWERS AND DUTIES.
Sec. 3954.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3954.103. ADDING OR
REMOVING TERRITORY.
Sec. 3954.104. EMINENT
DOMAIN.
Sec. 3954.105. 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 3954.007
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 temporary 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
3954.007.
(i) If the creation of the new district is confirmed, the new
district shall provide the election date and results to the commission.
(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) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section 3954.008 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.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3954.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3954.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3954.153. METHOD OF
NOTICE FOR HEARING.
Sec. 3954.154. ASSESSMENTS;
LIENS FOR ASSESSMENTS.
Sec. 3954.155.
RESIDENTIAL PROPERTY NOT EXEMPT.
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3954.201. 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 Subchapter J, Chapter 375,
Local Government Code.
(b) If the improvements financed by an obligation will be
conveyed to or operated and maintained by a municipality or retail utility
provider pursuant to an agreement between the district and the municipality
or retail utility provider entered into before the issuance of the
obligation, the obligation may be issued in the manner provided by
Subchapter A, Chapter 372, Local Government Code.
(c) 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.
(d) 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, receives under Section 3954.006(b), or
receives from any other source.
(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.
Sec. 3954.202. ELECTIONS
REGARDING TAXES AND BONDS.
Sec. 3954.203. TAXES FOR
BONDS.
Sec. 3954.204. OPERATION
AND MAINTENANCE TAX.
Sec. 3954.205. CONTRACT
TAXES.
SUBCHAPTER F. DISSOLUTION
Sec. 3954.251.
DISSOLUTION BY CITY ORDINANCE.
Sec. 3954.252. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE.
Sec. 3954.253. ASSUMPTION
OF ASSETS AND LIABILITIES.
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