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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. UNIVERSITY
HILLS MUNICIPAL MANAGEMENT DISTRICT
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. INITIAL
DISTRICT TERRITORY.
Sec. 3947.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3947.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3947.008.
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. 3947.009.
CONSTRUCTION OF CHAPTER.
Sec. 3947.010.
CONCURRENCE ON ADDITIONAL POWERS.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3947.051. GOVERNING
BODY; TERMS.
Sec. 3947.052. BOARD
MEETINGS.
Sec. 3947.053. REMOVAL OF
DIRECTORS.
Sec. 3947.054. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of
Director
1Michael Beaty
2Curtis Clinesmith
3Susan Larson
4Alan Michlin
5Michael Warner
(b) Initial directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 3947.007; 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 3947.007 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 3947.007; 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. 3947.101. GENERAL
POWERS AND DUTIES.
Sec. 3947.102. IMPROVEMENT
PROJECTS.
Sec. 3947.103. WATER
DISTRICT POWERS.
Sec. 3947.104. AUTHORITY
FOR ROAD PROJECTS.
Sec. 3947.105. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 3947.106. NO TOLL
ROADS.
Sec. 3947.107. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3947.108. CONTRACT
POWERS.
Sec. 3947.109. AD VALOREM
TAXATION.
Sec. 3947.110.
LIMITATIONS ON EMERGENCY SERVICES POWERS.
Sec. 3947.111. ADDING OR
REMOVING TERRITORY.
(See Subchapter D below.)
Sec. 3947.112.
ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
Sec. 3947.113. NO EMINENT
DOMAIN POWER.
SUBCHAPTER C-1.
IMPROVEMENT PROJECTS AND SERVICES
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3947.201. DIVISION OF DISTRICT; PREREQUISITES. (a)
Subject to Subsection (b), the district, including territory added to the
district under Section 3947.111, 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 3947.111 may be included in
a new district.
(b) If the board adds territory inside the corporate boundaries
or the extraterritorial jurisdiction of the city or any other municipality
to the district under Section 3947.111, the district may be divided under
Subsection (a) only with the consent by ordinance or resolution of the city
and any other municipality whose territory or extraterritorial jurisdiction
is included in the district.
Sec. 3947.202. 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. 3947.203. 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) 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 initial directors for each new district.
Sec. 3947.204. 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 commission; and
(2) record the order in the real property records of the
county.
Sec. 3947.205. 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 and the joint financing of a
maintenance obligation.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3947.251.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3947.252. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3947.253. BORROWING
MONEY; OBLIGATIONS. (a) The district may borrow money for a district
purpose, including the acquisition or construction of improvement projects
authorized by this chapter and the reimbursement of a person who develops
or owns an improvement project authorized by this chapter, by issuing
bonds, notes, time warrants, or other obligations, or by entering into a
contract or other agreement payable wholly or partly from an assessment, a
contract payment, a grant, revenue from a zone created under Chapter 311 or
312, Tax Code, other district revenue, or a combination of these sources.
(b) An obligation
described by Subsection (a):
(1) may bear interest at
a rate determined by the board; and
(2) may include a term or
condition as determined by the board.
(c) The board may issue
an obligation under this section without an election.
Sec. 3947.254.
ASSESSMENTS.
Sec. 3947.255.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3947.256. COLLECTION
OF ASSESSMENTS.
Sec. 3947.257. RATES,
FEES, AND CHARGES.
SUBCHAPTER F. DISSOLUTION
SUBCHAPTER Z. SPECIAL BOND PROVISIONS
Sec. 3947.901. APPLICABILITY. This subchapter applies only to
bonds payable wholly or partly from revenue derived from assessments on
real property in the district.
Sec. 3947.902. CONFLICT OF LAWS. In the event of a conflict
between this subchapter and any other law, this subchapter prevails.
Sec. 3947.903. 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. 3947.904. 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. 3947.905. 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. 3947.906. 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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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3947 to
read as follows:
CHAPTER 3947. UNIVERSITY
HILLS MUNICIPAL MANAGEMENT DISTRICT
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. INITIAL
DISTRICT TERRITORY.
Sec. 3947.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3947.007.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 3947.008.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT LAW. Except as provided by
this chapter, Chapter 375, Local Government Code, applies to the district.
Sec. 3947.009.
CONSTRUCTION OF CHAPTER.
Sec. 3947.010. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 3947.007 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. 3947.011.
CONCURRENCE ON ADDITIONAL POWERS.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3947.051. GOVERNING
BODY; TERMS.
Sec. 3947.052. BOARD
MEETINGS.
Sec. 3947.053. REMOVAL OF
DIRECTORS.
Sec. 3947.054. INITIAL
DIRECTORS. (a) The initial board consists of:
Pos. No. Name of
Director
1Kenneth Medlock
2Michael Williams
3Susan Larson
4Alan Michlin
5Michael Warner
(b) Initial directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 3947.007; 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 3947.007 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 3947.007; 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. 3947.101. GENERAL
POWERS AND DUTIES.
Sec. 3947.102.
IMPROVEMENT PROJECTS.
Sec. 3947.103. WATER
DISTRICT POWERS.
Sec. 3947.104. AUTHORITY
FOR ROAD PROJECTS.
Sec. 3947.105. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 3947.106. NO TOLL
ROADS.
Sec. 3947.107. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3947.108. CONTRACT
POWERS.
Sec. 3947.109. AD VALOREM
TAXATION.
Sec. 3947.110.
LIMITATIONS ON EMERGENCY SERVICES POWERS.
Sec. 3947.111. ADDING OR
REMOVING TERRITORY.
Sec. 3947.112. 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 3947.007 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
3947.007.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section 3947.010 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.
Sec. 3947.113.
ENFORCEMENT OF REAL PROPERTY RESTRICTIONS.
Sec. 3947.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
ASSESSMENTS AND FEES. The district may not impose an assessment, impact
fee, or standby fee on the property, including the equipment,
rights-of-way, easements, facilities, or improvements, of:
(1) an electric utility or a power generation company as
defined by Section 31.002, Utilities Code;
(2) a gas utility, as defined by Section 101.003 or 121.001,
Utilities Code, or a person who owns pipelines used for the transportation
or sale of oil or gas or a product or constituent of oil or gas;
(3) a person who owns pipelines used for the transportation or
sale of carbon dioxide;
(4) a telecommunications provider as defined by Section 51.002,
Utilities Code; or
(5) a cable service provider or video service provider as
defined by Section 66.002, Utilities Code.
Sec. 3947.115. NO EMINENT
DOMAIN POWER.
SUBCHAPTER D. IMPROVEMENT
PROJECTS AND SERVICES
(See Sec. 3947.112 above.)
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. BORROWING
MONEY; OBLIGATIONS. (a) The district may borrow money for a district
purpose, including the acquisition or construction of improvement projects
authorized by this chapter and the reimbursement of a person who develops
or owns an improvement project authorized by this chapter, by issuing
bonds, notes, time warrants, or other obligations, or by entering into a
contract or other agreement payable wholly or partly from an assessment, a
contract payment, a grant, revenue from a zone created under Chapter 311 or
312, Tax Code, other district revenue, or a combination of these sources.
(b) An obligation
described by Subsection (a):
(1) may bear interest at
a rate determined by the board; and
(2) may include a term or
condition as determined by the board.
(c) The board may issue
an obligation under this section without an election.
(d) The district may issue, by public or private sale, bonds,
notes, or other obligations payable wholly or partly from assessments in
the manner provided by Subchapter J, Chapter 375, Local Government Code.
(e) 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.
Sec. 3947.204.
ASSESSMENTS.
Sec. 3947.205.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3947.206. COLLECTION
OF ASSESSMENTS.
Sec. 3947.207. RATES,
FEES, AND CHARGES.
SUBCHAPTER F. DISSOLUTION
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