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Texas Local Government Code - Section 43.074. Abolition Of Water-Related Special District Created Wholly In Municipality

Legal Research Home > Texas Laws > Local Government Code > Texas Local Government Code - Section 43.074. Abolition Of Water-Related Special District Created Wholly In Municipality

§ 43.074. ABOLITION OF WATER-RELATED SPECIAL DISTRICT 
CREATED WHOLLY IN MUNICIPALITY.  (a) A water control and 
improvement district, fresh water supply district, or municipal 
utility district created from area that, at the time of the 
district's creation, is located wholly in a municipality may be 
abolished as provided by this section.
	(b)  On a vote of at least two-thirds of the entire 
membership of the governing body of the municipality, the governing 
body may adopt an ordinance abolishing the district if the 
governing body finds:
		(1)  that:                                                                    
			(A)  the district is no longer needed;  or                                   
			(B)  the services furnished and functions 
performed by the district can be furnished and performed by the 
municipality;  and
		(2)  that the abolition of the district is in the best 
interests of the residents and property in the municipality and the 
district.
	(c)  If before the effective date of the ordinance or if 
within 30 days after the effective date or the date of the 
publication of the ordinance, a petition that is signed and 
verified by a number of qualified voters of the municipality equal 
to at least 10 percent of the total votes cast at the most recent 
election for municipal officers is filed with the secretary of the 
municipality protesting the enactment or enforcement of the 
ordinance, the ordinance is suspended and any action taken under 
the ordinance is void.  Immediately after the filing of the 
petition, the secretary shall present it to the governing body.  
Immediately after the presentation of the petition, the governing 
body shall reconsider the ordinance.  If the governing body does not 
repeal the ordinance, the governing body shall submit it to a 
popular vote at the next municipal election or at a special election 
the governing body may order for that purpose.  The ordinance does 
not take effect unless a majority of the votes received in the 
election favor the ordinance.
	(d)  On the adoption of the ordinance, the district is 
abolished, the property and other assets of the district vest in the 
municipality, and the municipality assumes and becomes liable for 
the bonds and other obligations of the district.  The municipality 
shall perform the services and other functions that were performed 
by the district.
	(e)  If a district bond, warrant, or other obligation payable 
in whole or in part from property taxes is assumed by the 
municipality, the governing body shall levy and collect taxes on 
all taxable property in the municipality in an amount sufficient to 
pay the principal of and interest on the bond, warrant, or other 
obligation as it becomes due and payable.
	(f)  The municipality may issue refunding bonds in its own 
name to refund bonds, warrants, or other obligations, including 
unpaid accrued interest on an obligation, that is assumed by the 
municipality.  The refunding bonds must be issued in the manner 
provided by Chapter 1207, Government Code.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1064, § 35, eff. Sept. 1, 1999.

Last modified: August 11, 2007