SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8013 to
read as follows:
CHAPTER 8013. RIO DE VIDA
MUNICIPAL UTILITY
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8013.001.
DEFINITIONS.
Sec. 8013.002. NATURE OF
DISTRICT.
Sec. 8013.003.
CONFIRMATION ELECTION REQUIRED. The temporary directors shall hold an
election to confirm the creation of the district.
Sec. 8013.004. CONSENT OF
CITY REQUIRED; ENFORCEABILITY OF CONSENT AGREEMENT. (a) The temporary
directors may not hold an election under Section 8013.003 until the city
has consented by ordinance or resolution to the creation of the district
and to the inclusion of land in the district.
(b) If the city does not
consent to the creation of the district under this section before September 1, 2018:
(1) the district is
dissolved September 1, 2018,
except that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to the city 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, 2018.
Sec. 8013.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT.
Sec. 8013.006. INITIAL
DISTRICT TERRITORY.
Sec. 8013.007.
ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT REINVESTMENT ZONE.
Sec. 8013.008. REQUIREMENT FOR AFFORDABLE HOUSING. (a) In
this section, "affordable housing" means housing for which the
monthly mortgage payment or contract rent does not exceed 30 percent of the
applicable area median family income.
(b) Not less than 25 percent of non-rental residential units
developed on the real property in the district must be deed restricted for
sale to low-income households as affordable housing. Of that 25 percent,
one-third shall be reserved for:
(1) individuals or families with incomes at or below 80 percent
of the area median family income;
(2) individuals or families with incomes at or below 60 percent
of the area median family income; and
(3) individuals or families with incomes at or below 40 percent
of the area median family income.
(c) Not less than 25 percent of rental residential units
developed on the real property in the district must be deed restricted for
rent by low-income households as affordable housing. Of that 25 percent,
one-third shall be reserved for:
(1) individuals or families with incomes at or below 80 percent
of the area median family income;
(2) individuals or families with incomes at or below 60 percent
of the area median family income; and
(3) individuals or families with incomes at or below 40 percent
of the area median family income.
(d) If the deed restrictions imposed under this section are for
a term of years, the deed restrictions shall renew automatically.
(e) Affordable housing units reserved under this section must
be reserved in the same proportion of the type and size of units that are
offered in the residential development as a whole.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8013.051. GOVERNING
BODY; TERMS. (a) 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 odd-numbered year.
(b) A director may not
serve more than two full terms of four years.
Sec. 8013.052. APPOINTMENT OF DIRECTORS. (a) Except as
provided by Subsection (c), the members of the governing body of the city
shall appoint the directors. Four of the five directors must be appointed
from persons recommended by the board.
(b) A person is appointed if a majority of the members of the
governing body vote to appoint the person.
(c) Beginning on January 1, 2047, the members of the governing
body of the city may appoint all of the directors without the
recommendation of the board. This subsection applies only to a director
whose term expires on or after January 1, 2047.
Sec. 8013.053. QUALIFICATIONS.
A person recommended by the board must:
(1) reside in the
district; or
(2) own real property in
the district.
Sec. 8013.054. TEMPORARY
DIRECTORS. (a) The temporary board
consists of:
(1) Jeff Frank;
(2) Gordon Westergren;
(3) Steve Soward;
(4) Clint Walker; and
(5) Rob Riviere.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are appointed under Section
8013.052; or
(2) September 1, 2021.
(c) Section 8013.053 does
not apply to this section.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8013.101. GENERAL
POWERS AND DUTIES.
Sec. 8013.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8013.103. AUTHORITY
FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads.
Sec. 8013.104. ROAD
STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable
construction standards, zoning and subdivision requirements, and
regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road project is
located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project must meet
all applicable construction standards, subdivision requirements, and
regulations of each county in which the road project is located.
(c) If the state will
maintain and operate the road, the Texas Transportation Commission must
approve the plans and specifications of the road project.
Sec. 8013.105. COMPLIANCE
WITH MUNICIPAL CONSENT AGREEMENT, 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 the city related to the city's consent to the creation of
the district is valid and enforceable.
(c) On the issuance of
bonds, the district is considered to have acknowledged and consented to the
exercise of the city's authority as to actions taken by the city under
Section 54.016(g), Water Code.
Sec. 8013.106. CONTRACT
TO FURTHER REGIONAL COOPERATION.
Sec. 8013.107. ECONOMIC DEVELOPMENT. (a) Before exercising a
power under this section, the district must obtain the city's consent.
(b) The district may engage in activities that accomplish the
economic development purposes of the district.
(c) The district may establish and provide for the
administration of one or more programs to promote state or local economic
development and to stimulate business and commercial activity in the
district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(d) The district may create economic development programs and
exercise the economic development powers that Chapter 380, Local Government
Code, provides to a municipality.
Sec. 8013.108. MASS
GRADING AND IMPROVEMENTS TO LAND IN THE DISTRICT. The district may
construct, acquire, improve, maintain, finance, or operate a facility or
improvement related to reclaiming or grading land in the district.
Sec. 8013.109. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8013.151. DIVISION
OF DISTRICT; PREREQUISITES.
Sec. 8013.152. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 8013.153. LIMITATION
ON AREA OF NEW DISTRICT.
Sec. 8013.154. CONSENT OF
MUNICIPALITY OR COUNTY. (a) If the district is located wholly or partly
in the corporate limits or the extraterritorial jurisdiction of a municipality, the district may not
divide under this subchapter unless the municipality
by resolution or ordinance first consents to the division of the district.
(b) If the district is not located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a municipality,
the district may not divide under this subchapter unless the commissioners
court of each county in which the district is wholly or partly located
first adopts a resolution or order in support of the division of the
district.
Sec. 8013.155. DIVISION
PROCEDURES.
Sec. 8013.156. TAX OR BOND
ELECTION.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS
Sec. 8013.201. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8013.202. OPERATION
AND MAINTENANCE TAX.
Sec. 8013.203. CONTRACT
TAXES.
Sec. 8013.204. APPROVAL BY CITY OF CAPITAL IMPROVEMENTS
BUDGET. If the district obtains approval from the city's governing body of
a capital improvements budget for a period not to exceed 10 years, the
district may finance the capital improvements and issue bonds specified in
the budget without further approval from the city.
SUBCHAPTER F. BONDS AND
OTHER OBLIGATIONS
Sec. 8013.251. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8013.252. TAXES FOR
BONDS.
Sec. 8013.253. BONDS FOR
ROAD PROJECTS.
Sec. 8013.254. BONDS FOR RECREATIONAL FACILITIES. The
limitation on the outstanding principal amount of bonds, notes, and other
obligations provided by Section 49.4645, Water Code, does not apply to the
district.
SUBCHAPTER G. SALES AND
USE TAX
SUBCHAPTER H. HOTEL
OCCUPANCY TAX
SUBCHAPTER I. MUNICIPAL
ANNEXATION AND DISSOLUTION
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8013 to
read as follows:
CHAPTER 8013. RIO DE VIDA
MUNICIPAL UTILITY
DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8013.001.
DEFINITIONS.
Sec. 8013.002. NATURE OF
DISTRICT.
Sec. 8013.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The temporary directors
shall hold an election to confirm the creation of the district and to elect four permanent directors.
Sec. 8013.004. CONSENT OF
CITY REQUIRED. (a) The temporary directors may not hold an election under
Section 8013.003 until the city has consented by ordinance or resolution to
the creation of the district and to the inclusion of land in the district.
(b) If the city does not
consent to the creation of the district under this section before February 14, 2020:
(1) the district is
dissolved February 14, 2020,
except that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to the city 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 February 14, 2020.
Sec. 8013.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT.
Sec. 8013.006. INITIAL
DISTRICT TERRITORY.
Sec. 8013.007.
ELIGIBILITY FOR INCLUSION IN TAX ABATEMENT REINVESTMENT ZONE.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8013.051. GOVERNING
BODY; TERMS. (a) 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 odd-numbered year.
(b) A director may not
serve more than two full terms of four years.
(c) The board consists of:
(1) four elected directors; and
(2) one director appointed by the governing body of the city.
(d) A director appointed under Subsection (c)(2) is not
required to reside in the district or to own real property in the district.
(e) The common law doctrine of incompatibility does not
disqualify an elected official or employee of the city from being appointed
as a director by the governing body of the city under Subsection (c)(2). A
director appointed to the board may continue to serve in a public office of
or be employed by the city.
Sec. 8013.052.
QUALIFICATIONS. Except as provided by
Section 8013.051(d), to qualify to serve on the board, a person must:
(1) reside in the
district; or
(2) own real property in
the district.
Sec. 8013.053. TEMPORARY
DIRECTORS. (a) On or after September
1, 2017, the owners of a majority of the assessed value of the real
property in the district may submit a petition to the commission requesting
that the commission appoint as temporary directors the five persons named
in the petition. The commission shall appoint as temporary directors the
five persons named in the petition.
(b) Unless the district is dissolved and this chapter expires
as provided by Section 8013.004, temporary directors serve until the
earlier of:
(1) the date permanent
directors are elected under Section
8013.003; or
(2) September 1, 2021.
(c) Section 8013.052 does
not apply to a director appointed under
this section.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8013.101. GENERAL
POWERS AND DUTIES.
Sec. 8013.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8013.103. AUTHORITY
FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or the city for operation and maintenance
macadamized, graveled, or paved roads, or improvements, including storm
drainage, in aid of those roads.
Sec. 8013.104. ROAD
STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable
construction standards, zoning and subdivision requirements, and
regulations of the city.
(b) If the state will
maintain and operate the road, the Texas Transportation Commission must
approve the plans and specifications of the road project.
Sec. 8013.105. COMPLIANCE
WITH CONSENT AGREEMENT, 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, including affordable housing requirements
established in the consent agreement.
(b) Any agreement between
the district and the city related to the city's consent to the creation of
the district is valid and enforceable.
(c) On the issuance of
bonds, the district is considered to have acknowledged and consented to the
exercise of the city's authority as to actions taken by the city under
Section 54.016(g), Water Code.
Sec. 8013.106. CONTRACT
TO FURTHER REGIONAL COOPERATION.
Sec. 8013.107. GRADING
AND IMPROVEMENTS TO LAND IN THE DISTRICT. The district may construct,
acquire, improve, maintain, finance, or operate a facility or improvement
related to reclaiming or grading land in the district.
Sec. 8013.108. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8013.151. DIVISION
OF DISTRICT; PREREQUISITES.
Sec. 8013.152. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 8013.153. LIMITATION
ON AREA OF NEW DISTRICT.
Sec. 8013.154. CONSENT OF
CITY OR COUNTY. If the district is located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of the city, the district may not divide
under this subchapter unless the city
by resolution or ordinance first consents to the division of the district.
Sec. 8013.155. DIVISION
PROCEDURES.
Sec. 8013.156. TAX OR
BOND ELECTION.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS
Sec. 8013.201. ELECTIONS
REGARDING TAXES OR BONDS.
Sec. 8013.202. OPERATION
AND MAINTENANCE TAX.
Sec. 8013.203. CONTRACT
TAXES.
SUBCHAPTER F. BONDS AND
OTHER OBLIGATIONS
Sec. 8013.251. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8013.252. TAXES FOR
BONDS.
Sec. 8013.253. BONDS FOR
ROAD PROJECTS.
SUBCHAPTER G. SALES AND
USE TAX
SUBCHAPTER H. HOTEL
OCCUPANCY TAX
SUBCHAPTER I. MUNICIPAL
ANNEXATION AND DISSOLUTION
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