Bill Text: TX SB1184 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Timber Springs Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1184 Detail]
Download: Texas-2011-SB1184-Comm_Sub.html
Bill Title: Relating to the creation of the Timber Springs Municipal Management District; providing authority to impose a tax, levy an assessment, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1184 Detail]
Download: Texas-2011-SB1184-Comm_Sub.html
By: Nichols | S.B. No. 1184 | |
(Christian) | ||
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relating to the creation of the Timber Springs Municipal Management | ||||||
District; providing authority to impose a tax, levy an assessment, | ||||||
and issue bonds. | ||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 3897 to read as follows: | ||||||
CHAPTER 3897. TIMBER SPRINGS MUNICIPAL MANAGEMENT DISTRICT | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3897.001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "Director" means a board member. | ||||||
(3) "District" means the Timber Springs Municipal | ||||||
Management District. | ||||||
(4) "Improvement project" means a project authorized | ||||||
by Subchapter C-1. | ||||||
Sec. 3897.002. CREATION AND NATURE OF DISTRICT. The | ||||||
district is a special district created under Section 59, Article | ||||||
XVI, Texas Constitution. | ||||||
Sec. 3897.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||||||
creation of the district is essential to accomplish the purposes of | ||||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution, and other public purposes stated in this | ||||||
chapter. By creating the district and in authorizing a | ||||||
municipality in which the district is located and other political | ||||||
subdivisions to contract with the district, the legislature has | ||||||
established a program to accomplish the public purposes set out in | ||||||
Section 52-a, Article III, Texas Constitution. | ||||||
(b) The creation of the district is necessary to promote, | ||||||
develop, encourage, and maintain employment, commerce, | ||||||
transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(c) This chapter and the creation of the district may not be | ||||||
interpreted to relieve a municipality or county in which the | ||||||
district is located from providing the level of services provided | ||||||
as of the effective date of the Act enacting this chapter to the | ||||||
area in the district. The district is created to supplement and not | ||||||
to supplant municipal and county services provided in the district. | ||||||
Sec. 3897.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||||||
(a) The district is created to serve a public use and benefit. | ||||||
(b) All land and other property included in the district | ||||||
will benefit from the improvements and services to be provided by | ||||||
the district under powers conferred by Sections 52 and 52-a, | ||||||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||||||
other powers granted under this chapter. | ||||||
(c) The creation of the district is in the public interest | ||||||
and is essential to further the public purposes of: | ||||||
(1) developing and diversifying the economy of the | ||||||
state; | ||||||
(2) eliminating unemployment and underemployment; | ||||||
(3) providing quality residential housing; and | ||||||
(4) developing or expanding transportation and | ||||||
commerce. | ||||||
(d) The district will: | ||||||
(1) promote the health, safety, and general welfare of | ||||||
residents, employers, potential employees, employees, visitors, | ||||||
and consumers in the district, and of the public; | ||||||
(2) provide needed funding for the district to | ||||||
preserve, maintain, and enhance the economic health and vitality of | ||||||
the district territory as a residential community and business | ||||||
center; and | ||||||
(3) promote the health, safety, welfare, and enjoyment | ||||||
of the public by providing pedestrian ways and by landscaping and | ||||||
developing certain areas in the district, which are necessary for | ||||||
the restoration, preservation, and enhancement of scenic beauty. | ||||||
(e) Pedestrian ways along or across a street, whether at | ||||||
grade or above or below the surface, and street lighting, street | ||||||
landscaping, vehicle parking, and street art objects are parts of | ||||||
and necessary components of a street and are considered to be an | ||||||
improvement project that includes a street or road improvement. | ||||||
(f) The district will not act as the agent or | ||||||
instrumentality of any private interest even though the district | ||||||
will benefit many private interests as well as the public. | ||||||
Sec. 3897.005. DISTRICT TERRITORY. (a) The district is | ||||||
composed of the territory described by Section 2 of the Act enacting | ||||||
this chapter, as that territory may have been modified under | ||||||
Section 3897.115 or other law. | ||||||
(b) A mistake in the field notes of the district contained | ||||||
in Section 2 of the Act enacting this chapter or in copying the | ||||||
field notes in the legislative process does not in any way affect: | ||||||
(1) the district's organization, existence, or | ||||||
validity; | ||||||
(2) the district's right to contract, including the | ||||||
right to issue any type of bond or other obligation for a purpose | ||||||
for which the district is created; | ||||||
(3) the district's right to impose or collect an | ||||||
assessment, tax, or any other revenue; or | ||||||
(4) the legality or operation of the board. | ||||||
Sec. 3897.006. 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 by a | ||||||
municipality in which the district is located under Chapter 311, | ||||||
Tax Code; | ||||||
(2) a tax abatement reinvestment zone created by a | ||||||
municipality in which the district is located under Chapter 312, | ||||||
Tax Code; | ||||||
(3) an enterprise zone created by a municipality in | ||||||
which the district is located under Chapter 2303, Government Code; | ||||||
or | ||||||
(4) an industrial zone created by a municipality in | ||||||
which the district is located under Chapter 42, Local Government | ||||||
Code. | ||||||
(b) If a municipality in which the district is located | ||||||
creates a tax increment reinvestment zone described by Subsection | ||||||
(a), the municipality 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 the | ||||||
purposes permitted for money granted to a corporation under Section | ||||||
380.002(b), Local Government Code, including the right to pledge | ||||||
the money as security for any bonds issued by the district for an | ||||||
improvement project. | ||||||
[Sections 3897.007-3897.050 reserved for expansion] | ||||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||||
Sec. 3897.051. GOVERNING BODY; TERMS. The district is | ||||||
governed by a board of five directors who serve staggered terms of | ||||||
four years, with two or three directors' terms expiring May 31 of | ||||||
each even-numbered year. | ||||||
Sec. 3897.052. ELECTION DATE. The board shall hold an | ||||||
election for directors on the uniform election date in May in | ||||||
even-numbered years. | ||||||
Sec. 3897.053. ELIGIBILITY. (a) To be qualified to serve | ||||||
as a director, a person must be: | ||||||
(1) an owner of real property in the district; or | ||||||
(2) an employee of a person described by Subdivision | ||||||
(1). | ||||||
(b) Section 49.052, Water Code, does not apply to the | ||||||
district. | ||||||
Sec. 3897.054. VACANCY. (a) The remaining directors shall | ||||||
fill a vacancy on the board by appointing a person who meets the | ||||||
qualifications prescribed by Section 3897.053. | ||||||
(b) If there are fewer than three directors, the governing | ||||||
body of the largest municipality in which the district is located | ||||||
shall appoint the necessary number of directors to fill all board | ||||||
vacancies. | ||||||
Sec. 3897.055. DIRECTOR'S OATH OR AFFIRMATION. A director | ||||||
shall file the director's oath or affirmation of office with the | ||||||
district, and the district shall retain the oath or affirmation in | ||||||
the district records. | ||||||
Sec. 3897.056. OFFICERS. The board shall elect from among | ||||||
the directors a chair, a vice chair, and a secretary. | ||||||
Sec. 3897.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF | ||||||
EXPENSES. (a) The district may compensate each director in an | ||||||
amount not to exceed $50 for each board meeting. The total amount | ||||||
of compensation a director may receive each year may not exceed | ||||||
$2,000. | ||||||
(b) A director is entitled to reimbursement for necessary | ||||||
and reasonable expenses incurred in carrying out the duties and | ||||||
responsibilities of a director. | ||||||
Sec. 3897.058. INITIAL DIRECTORS. (a) The initial board | ||||||
consists of the following directors: | ||||||
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(b) Of the initial directors, the terms of directors | ||||||
appointed for positions 1 and 2 expire May 31, 2012, and the terms | ||||||
of directors appointed for positions 3 through 5 expire May 31, | ||||||
2014. | ||||||
(c) This section expires September 1, 2014. | ||||||
[Sections 3897.059-3897.100 reserved for expansion] | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3897.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3897.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||||||
district may provide, design, construct, acquire, improve, | ||||||
relocate, operate, maintain, or finance an improvement project or | ||||||
service using money available to the district, or contract with a | ||||||
governmental or private entity to provide, design, construct, | ||||||
acquire, improve, relocate, operate, maintain, or finance an | ||||||
improvement project or service authorized under this chapter, | ||||||
including a project described by Subchapter C-1, or under Chapter | ||||||
375, Local Government Code. | ||||||
Sec. 3897.103. DEVELOPMENT CORPORATION POWERS. The | ||||||
district, using money available to the district, may exercise the | ||||||
powers given to a development corporation under Chapter 505, Local | ||||||
Government Code, including the power to own, operate, acquire, | ||||||
construct, lease, improve, or maintain a project under that | ||||||
chapter. | ||||||
Sec. 3897.104. NONPROFIT CORPORATION. (a) The board by | ||||||
resolution may authorize the creation of a nonprofit corporation to | ||||||
assist and act for the district in implementing a project or | ||||||
providing a service authorized by this chapter. | ||||||
(b) The nonprofit corporation: | ||||||
(1) has each power of and is considered to be a local | ||||||
government corporation created under Subchapter D, Chapter 431, | ||||||
Transportation Code; and | ||||||
(2) may implement any project and provide any service | ||||||
authorized by this chapter. | ||||||
(c) The board shall appoint the board of directors of the | ||||||
nonprofit corporation. The board of directors of the nonprofit | ||||||
corporation shall serve in the same manner as the board of directors | ||||||
of a local government corporation created under Subchapter D, | ||||||
Chapter 431, Transportation Code, except that a board member is not | ||||||
required to reside in the district. | ||||||
Sec. 3897.105. AGREEMENTS; GRANTS. (a) As provided by | ||||||
Chapter 375, Local Government Code, the district may make an | ||||||
agreement with or accept a gift, grant, or loan from any person. | ||||||
(b) The implementation of a project is a governmental | ||||||
function or service for the purposes of Chapter 791, Government | ||||||
Code. | ||||||
Sec. 3897.106. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with a qualified party, | ||||||
including a county or a city, to provide law enforcement services in | ||||||
the district for a fee. | ||||||
Sec. 3897.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The | ||||||
district may join and pay dues to a charitable or nonprofit | ||||||
organization that performs a service or provides an activity | ||||||
consistent with the furtherance of a district purpose. | ||||||
Sec. 3897.108. ECONOMIC DEVELOPMENT. (a) The district may | ||||||
engage in activities that accomplish the economic development | ||||||
purposes of the district. | ||||||
(b) 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. | ||||||
(c) The district may create economic development programs | ||||||
and exercise the economic development powers that: | ||||||
(1) Chapter 380, Local Government Code, provides to a | ||||||
municipality; and | ||||||
(2) Subchapter A, Chapter 1509, Government Code, | ||||||
provides to a municipality. | ||||||
Sec. 3897.109. WATER DISTRICT POWERS. The district has the | ||||||
powers provided by the general laws relating to conservation and | ||||||
reclamation districts created under Section 59, Article XVI, Texas | ||||||
Constitution, including Chapters 49 and 54, Water Code. | ||||||
Sec. 3897.110. ROAD DISTRICT POWERS; EXCEPTION. | ||||||
(a) Except as provided by Subsection (b) and Section 3897.117, the | ||||||
district has the powers provided by the general laws relating to | ||||||
road districts and road utility districts created under Section | ||||||
52(b), Article III, Texas Constitution, including Chapter 441, | ||||||
Transportation Code. | ||||||
(b) The district may exercise any power granted by this | ||||||
chapter and by Chapter 441, Transportation Code, without regard to | ||||||
any provision or requirement of, or procedure or maintenance tax | ||||||
rate limitation prescribed by, Chapter 441, Transportation Code. | ||||||
Sec. 3897.111. CONFLICT WITH MUNICIPAL RULE, ORDER, OR | ||||||
ORDINANCE. To the extent a district rule conflicts with a rule, | ||||||
order, or ordinance of a municipality in which the district is | ||||||
located, the municipal rule, order, or ordinance controls. | ||||||
Sec. 3897.112. NAME CHANGE. The board by resolution may | ||||||
change the district's name. The board shall give written notice of | ||||||
the change to each municipality in which the district is located. | ||||||
Sec. 3897.113. TERMS OF EMPLOYMENT; COMPENSATION. The | ||||||
board may employ and establish the terms of employment and | ||||||
compensation of an executive director or general manager and any | ||||||
other district employees the board considers necessary. | ||||||
Sec. 3897.114. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR | ||||||
FACILITY OF DISTRICT. (a) The board by rule may regulate the | ||||||
private use of a public roadway, open space, park, sidewalk, or | ||||||
similar public area or facility in the district. A rule may provide | ||||||
for the safe and orderly use of public roadways, open spaces, parks, | ||||||
sidewalks, and similar public areas or facilities. | ||||||
(b) The board may require a permit for a parade, | ||||||
demonstration, celebration, entertainment event, or similar | ||||||
nongovernmental activity in or on a public roadway, open space, | ||||||
park, sidewalk, or similar public area or facility owned by the | ||||||
district. The board may charge a fee for the permit application or | ||||||
for public safety or security services for those facilities in an | ||||||
amount the board considers necessary. | ||||||
(c) The board may require a permit or franchise agreement | ||||||
with a vendor, concessionaire, exhibitor, or similar private or | ||||||
commercial person or organization for the limited use of the area or | ||||||
facility owned by the district on terms and on payment of a permit | ||||||
or franchise fee the board may impose. | ||||||
Sec. 3897.115. ADDING OR REMOVING TERRITORY. As provided | ||||||
by Subchapter J, Chapter 49, Water Code, the board may add territory | ||||||
to the district, subject to Section 54.016, Water Code, or remove | ||||||
territory from the district, except that: | ||||||
(1) the addition or removal of the territory must be | ||||||
approved by: | ||||||
(A) the governing body of the municipality in | ||||||
which the territory is located, as applicable; and | ||||||
(B) the owners of the territory being added or | ||||||
removed; | ||||||
(2) a reference to a tax in Subchapter J, Chapter 49, | ||||||
or Section 54.016, Water Code, means an ad valorem tax; and | ||||||
(3) territory may not be removed from the district if | ||||||
bonds or other obligations of the district payable wholly or partly | ||||||
from ad valorem taxes or assessments levied or assessed on the | ||||||
territory are outstanding. | ||||||
Sec. 3897.116. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
Sec. 3897.117. NO TOLL ROADS. The district may not | ||||||
construct, acquire, maintain, or operate a toll road. | ||||||
[Sections 3897.118-3897.150 reserved for expansion] | ||||||
SUBCHAPTER C-1. IMPROVEMENT PROJECTS | ||||||
Sec. 3897.151. MUNICIPAL REQUIREMENTS. (a) An | ||||||
improvement project in a municipality must comply with any | ||||||
applicable municipal requirements, including codes and ordinances. | ||||||
(b) The district may not provide, conduct, or authorize any | ||||||
improvement project on the municipality's streets, highways, | ||||||
rights-of-way, or easements without the consent of the governing | ||||||
body of that municipality. | ||||||
Sec. 3897.152. BOARD DETERMINATION REQUIRED. The district | ||||||
may not undertake an improvement project unless the board | ||||||
determines the project to be necessary to accomplish a public | ||||||
purpose of the district. | ||||||
Sec. 3897.153. LOCATION OF IMPROVEMENT PROJECT. An | ||||||
improvement project may be inside or outside the district. | ||||||
Sec. 3897.154. LAKE. For the purposes of this subchapter, | ||||||
planning, design, construction, improvement, or maintenance of a | ||||||
lake includes work done for drainage, reclamation, or recreation. | ||||||
Sec. 3897.155. WATER. (a) An improvement project may | ||||||
include a supply and distribution facility or system to provide | ||||||
potable and nonpotable water to the residents and businesses of the | ||||||
district, including a wastewater collection facility. | ||||||
(b) The district may plan, design, construct, improve, | ||||||
maintain, or operate a water or sewer facility under this section. | ||||||
Sec. 3897.156. ROADS. An improvement project may include a | ||||||
paved, macadamized, or graveled road or street inside and outside | ||||||
the district, to the full extent authorized by Section 52, Article | ||||||
III, Texas Constitution. | ||||||
Sec. 3897.157. STORM WATER. An improvement project may | ||||||
include protection and improvement of the quality of storm water | ||||||
that flows through the district. | ||||||
Sec. 3897.158. PARKING OR HELIPORT. An improvement project | ||||||
may include the planning, design, construction, improvement, | ||||||
maintenance, and operation of an off-street parking facility or | ||||||
heliport. | ||||||
Sec. 3897.159. EDUCATION AND CULTURE. An improvement | ||||||
project may include the planning and acquisition of: | ||||||
(1) public art and sculpture and related exhibits and | ||||||
facilities; or | ||||||
(2) an educational facility and a cultural exhibit or | ||||||
facility. | ||||||
Sec. 3897.160. CONVENTION CENTER. An improvement project | ||||||
may include the planning, design, construction, acquisition, | ||||||
lease, rental, improvement, maintenance, installation, and | ||||||
management of and provision of furnishings for a facility for: | ||||||
(1) a conference, convention, or exhibition; | ||||||
(2) a manufacturer, consumer, or trade show; | ||||||
(3) a civic, community, or institutional event; or | ||||||
(4) an exhibit, display, attraction, special event, or | ||||||
seasonal or cultural celebration or holiday. | ||||||
Sec. 3897.161. DEMOLITION. An improvement project may | ||||||
include the removal, razing, demolition, or clearing of land or | ||||||
improvements in connection with an improvement project. | ||||||
Sec. 3897.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An | ||||||
improvement project may include the acquisition and improvement of | ||||||
land or other property for the mitigation of the environmental | ||||||
effects of an improvement project. | ||||||
Sec. 3897.163. ACQUISITION OF PROPERTY. If the governing | ||||||
body of the municipality where the improvement project is located | ||||||
consents, an improvement project may include the acquisition of | ||||||
property or an interest in property in connection with an | ||||||
improvement project, including a project authorized by Subchapter | ||||||
A, Chapter 372, Local Government Code. | ||||||
Sec. 3897.164. SPECIAL OR SUPPLEMENTAL SERVICES. An | ||||||
improvement project may include a special or supplemental service | ||||||
for the improvement and promotion of the district or an area | ||||||
adjacent to the district or for the protection of public health and | ||||||
safety in or adjacent to the district, including: | ||||||
(1) advertising; | ||||||
(2) promotion; | ||||||
(3) tourism; | ||||||
(4) health and sanitation; | ||||||
(5) public safety; | ||||||
(6) security; | ||||||
(7) fire protection or emergency medical services; | ||||||
(8) business recruitment; | ||||||
(9) development; | ||||||
(10) the elimination of traffic congestion; and | ||||||
(11) recreational, educational, or cultural | ||||||
improvements, enhancements, and services. | ||||||
Sec. 3897.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||||||
MAINTENANCE. An improvement project may include the planning, | ||||||
design, construction, improvement, and maintenance of: | ||||||
(1) landscaping; | ||||||
(2) highway right-of-way or transit corridor | ||||||
beautification and improvement; | ||||||
(3) lighting, banners, and signs; | ||||||
(4) a street or sidewalk; | ||||||
(5) a hiking and cycling path or trail; | ||||||
(6) a pedestrian walkway, skywalk, crosswalk, or | ||||||
tunnel; | ||||||
(7) a park, lake, garden, recreational facility, | ||||||
community activities center, dock, wharf, sports facility, open | ||||||
space, scenic area, or related exhibit or preserve; | ||||||
(8) a fountain, plaza, or pedestrian mall; or | ||||||
(9) a drainage or storm water detention improvement. | ||||||
Sec. 3897.166. SIMILAR IMPROVEMENT PROJECTS. An | ||||||
improvement project may include a public improvement, facility, or | ||||||
service similar to a project described by this subchapter. | ||||||
[Sections 3897.167-3897.200 reserved for expansion] | ||||||
SUBCHAPTER C-2. CONTRACTS | ||||||
Sec. 3897.201. GENERAL CONTRACT POWERS. The district may | ||||||
contract with any person, including a municipality or county in | ||||||
which the district is located, to accomplish any district purpose. | ||||||
Sec. 3897.202. CONTRACT TERMS. (a) In this section, | ||||||
"note" includes a bond anticipation note. | ||||||
(b) A contract the district enters into to carry out a | ||||||
purpose of this chapter may be on any terms and for any period the | ||||||
board determines, including an obligation to issue a negotiable or | ||||||
nonnegotiable note or warrant payable to a municipality, a county, | ||||||
or any other person for the payment or reimbursement of any district | ||||||
costs. | ||||||
Sec. 3897.203. REIMBURSEMENT OF COSTS. The district may | ||||||
contract with any person for the payment, repayment, or | ||||||
reimbursement of costs incurred by that person on behalf of the | ||||||
district, including all or part of the costs of an improvement | ||||||
project and interest on the reimbursed cost. | ||||||
Sec. 3897.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The | ||||||
district may contract with any person for the use, occupancy, | ||||||
lease, rental, operation, maintenance, or management of all or part | ||||||
of a proposed or existing improvement project. | ||||||
(b) The district may apply for and contract with any person | ||||||
to receive, administer, and perform a duty or obligation of the | ||||||
district under a federal, state, local, or private gift, grant, | ||||||
loan, conveyance, transfer, bequest, or other financial assistance | ||||||
arrangement relating to the investigation, planning, analysis, | ||||||
study, design, acquisition, construction, improvement, completion, | ||||||
implementation, or operation by the district or others of a | ||||||
proposed or existing improvement project. | ||||||
[Sections 3897.205-3897.250 reserved for expansion] | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||||||
Sec. 3897.251. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO | ||||||
IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district | ||||||
may issue bonds, impose taxes, or borrow money, the district and | ||||||
each municipality in which the district is located must negotiate | ||||||
and execute a project development agreement regarding the | ||||||
development plans and rules for: | ||||||
(1) the development and operation of the district; and | ||||||
(2) the financing of improvement projects. | ||||||
Sec. 3897.252. ELECTIONS REGARDING TAXES AND BONDS. | ||||||
(a) The district may issue, without an election, bonds, notes, and | ||||||
other obligations secured by revenue other than ad valorem taxes. | ||||||
(b) The district must hold an election in the manner | ||||||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||||||
obtain voter approval before the district may impose an ad valorem | ||||||
tax or issue bonds payable from ad valorem taxes. | ||||||
(c) Section 375.243, Local Government Code, does not apply | ||||||
to the district. | ||||||
(d) All or any part of any facilities or improvements that | ||||||
may be acquired by a district by the issuance of its bonds may be | ||||||
submitted as a single proposition or as several propositions to be | ||||||
voted on at the election. | ||||||
Sec. 3897.253. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||||||
BONDS. (a) The district may borrow money on terms determined by | ||||||
the board. Section 375.205, Local Government Code, does not apply | ||||||
to a loan, line of credit, or other borrowing from a bank or | ||||||
financial institution secured by revenue other than ad valorem | ||||||
taxes. | ||||||
(b) The district may issue bonds, notes, or other | ||||||
obligations payable wholly or partly from ad valorem taxes, | ||||||
assessments, impact fees, revenue, contract payments, grants, or | ||||||
other district money, or any combination of those sources of money, | ||||||
to pay for any authorized district purpose. | ||||||
Sec. 3897.254. ASSESSMENTS. (a) The district may impose | ||||||
an assessment on property in the district to pay the cost or the | ||||||
cost of maintenance of any authorized district improvement in the | ||||||
manner provided for: | ||||||
(1) a district under Subchapters A, E, and F, Chapter | ||||||
375, Local Government Code; or | ||||||
(2) a municipality or county under Subchapter A, | ||||||
Chapter 372, Local Government Code. | ||||||
(b) An assessment, a reassessment, or an assessment | ||||||
resulting from an addition to or correction of the assessment roll | ||||||
by the district, penalties and interest on an assessment or | ||||||
reassessment, an expense of collection, and reasonable attorney's | ||||||
fees incurred by the district: | ||||||
(1) are a first and prior lien against the property | ||||||
assessed; and | ||||||
(2) are superior to any other lien or claim other than | ||||||
a lien or claim for county, school district, or municipal ad valorem | ||||||
taxes. | ||||||
(c) The lien of an assessment against property runs with the | ||||||
land. The portion of an assessment payment obligation that has not | ||||||
yet come due is not eliminated by the foreclosure of an ad valorem | ||||||
tax lien, and any purchaser of property in a foreclosure of an ad | ||||||
valorem tax lien takes the property subject to the assessment | ||||||
payment obligations that have not yet come due and to the lien and | ||||||
terms of the lien's payment under the applicable assessment | ||||||
ordinance or order. | ||||||
(d) The board may make a correction to or deletion from the | ||||||
assessment roll that does not increase the amount of assessment of | ||||||
any parcel of land without providing notice and holding a hearing in | ||||||
the manner required for additional assessments. | ||||||
Sec. 3897.255. PETITION REQUIRED FOR FINANCING SERVICES AND | ||||||
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||||||
service or improvement project with assessments under this chapter | ||||||
unless a written petition requesting that service or improvement | ||||||
has been filed with the board. | ||||||
(b) A petition filed under Subsection (a) must be signed by | ||||||
the owners of a majority of the assessed value of real property in | ||||||
the district subject to assessment according to the most recent | ||||||
certified tax appraisal roll for the county. | ||||||
Sec. 3897.256. IMPACT FEES; EXEMPTION. (a) The district | ||||||
may impose an impact fee on property in the district, including an | ||||||
impact fee on residential or commercial property, only in the | ||||||
manner provided by Subchapter A, Chapter 372, or Subchapter F, | ||||||
Chapter 375, Local Government Code, for a municipality or county. | ||||||
(b) An impact fee for residential property must be for the | ||||||
limited purpose of providing capital funding for: | ||||||
(1) public water and wastewater facilities; | ||||||
(2) drainage and storm water facilities; and | ||||||
(3) streets and alleys. | ||||||
(c) The district may not impose an impact fee on the | ||||||
property, including equipment and facilities, of a public utility | ||||||
provider in the district. | ||||||
Sec. 3897.257. STORM WATER USER CHARGES. The district may | ||||||
establish user charges related to the operation of storm water | ||||||
facilities, including the regulation of storm water for the | ||||||
protection of water quality in the district. | ||||||
Sec. 3897.258. NONPOTABLE WATER USER CHARGES. The district | ||||||
may establish user charges for the use of nonpotable water for | ||||||
irrigation purposes, subject to approval of the governing body of | ||||||
the municipality in which the user is located. | ||||||
Sec. 3897.259. COSTS FOR IMPROVEMENT PROJECTS. The | ||||||
district may undertake separately or jointly with other persons, | ||||||
including a municipality or county in which the district is | ||||||
located, all or part of the cost of an improvement project, | ||||||
including an improvement project: | ||||||
(1) for improving, enhancing, and supporting public | ||||||
safety and security, fire protection and emergency medical | ||||||
services, and law enforcement in and adjacent to the district; or | ||||||
(2) that confers a general benefit on the entire | ||||||
district or a special benefit on a definable part of the district. | ||||||
Sec. 3897.260. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||||||
375.161, Local Government Code, does not apply to the district. | ||||||
[Sections 3897.261-3897.300 reserved for expansion] | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3897.301. PROPERTY TAX AUTHORIZED. The district may | ||||||
impose an ad valorem tax on all taxable property in the district, | ||||||
including industrial, commercial, and residential property, to: | ||||||
(1) pay for an improvement project of the types | ||||||
authorized by Section 52, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution; or | ||||||
(2) secure the payment of bonds issued for a purpose | ||||||
described by Subdivision (1). | ||||||
Sec. 3897.302. TAXES FOR BONDS AND OTHER OBLIGATIONS; | ||||||
ELECTION. (a) If the district issues bond anticipation notes | ||||||
payable from future bond proceeds that are payable wholly or partly | ||||||
from an ad valorem tax, the bonds must have been previously approved | ||||||
at an election and meet the requirements of this section. | ||||||
(b) At the time bonds or other obligations payable wholly or | ||||||
partly from ad valorem taxes are issued: | ||||||
(1) the board shall impose a continuing direct annual | ||||||
ad valorem tax, without limit as to rate or amount, for each year | ||||||
that all or part of the bonds are outstanding; and | ||||||
(2) the district annually shall impose an ad valorem | ||||||
tax on all taxable property in the district in an amount sufficient | ||||||
to: | ||||||
(A) pay the interest on the bonds or other | ||||||
obligations as the interest becomes due; | ||||||
(B) create a sinking fund for the payment of the | ||||||
principal of the bonds or other obligations when due or the | ||||||
redemption price at any earlier required redemption date; and | ||||||
(C) pay the expenses of imposing the taxes. | ||||||
(c) Bonds or other obligations that are secured by and | ||||||
payable from ad valorem taxes may not be issued unless the bonds and | ||||||
the imposition of the taxes are approved by a majority of the | ||||||
district voters voting at an election held for that purpose. | ||||||
(d) The district shall hold an election required by this | ||||||
section in the manner provided by Chapter 54, Water Code, and the | ||||||
Election Code. | ||||||
Sec. 3897.303. MAINTENANCE AND OPERATION TAX; ELECTION. | ||||||
(a) The district may impose a tax for maintenance and operation | ||||||
purposes, including for: | ||||||
(1) planning, constructing, acquiring, maintaining, | ||||||
repairing, and operating all improvement projects, including land, | ||||||
plants, works, facilities, improvements, appliances, and equipment | ||||||
of the district; and | ||||||
(2) paying costs of services, engineering and legal | ||||||
fees, and organization and administrative expenses. | ||||||
(b) The district may not impose a maintenance and operation | ||||||
tax unless the tax is approved by a majority of the district voters | ||||||
voting at an election held for that purpose. The proposition in a | ||||||
maintenance and operation tax election may be for a specific | ||||||
maximum rate or for an unlimited rate. If a maximum tax rate is | ||||||
approved, the board may impose the tax at any rate that does not | ||||||
exceed the approved rate. | ||||||
(c) A maintenance and operation tax election may be held at | ||||||
the same time and in conjunction with any other district election. | ||||||
The election may be called by a separate election order or as part | ||||||
of any other election order. | ||||||
Sec. 3897.304. USE OF SURPLUS MAINTENANCE AND OPERATION | ||||||
MONEY. If the district has maintenance and operation tax money that | ||||||
is not needed for the purposes for which it was collected, the money | ||||||
may be used for any authorized purpose. | ||||||
Sec. 3897.305. TAX ABATEMENT. The district may enter into a | ||||||
tax abatement agreement in accordance with the general laws of this | ||||||
state authorizing and applicable to a tax abatement agreement by a | ||||||
municipality. | ||||||
Sec. 3897.306. BONDS AND OTHER OBLIGATIONS; MUNICIPAL | ||||||
APPROVAL. (a) The district by competitive bid or negotiated sale | ||||||
may issue bonds, notes, or other obligations payable wholly or | ||||||
partly from ad valorem taxes, future bond proceeds, or assessments | ||||||
in the manner provided by Subchapter A, Chapter 372, or Subchapter | ||||||
J, Chapter 375, Local Government Code. | ||||||
(b) In exercising the district's borrowing power, the | ||||||
district may issue a bond or other obligation in the form of a bond, | ||||||
note, including a bond anticipation note, certificate of | ||||||
participation or other instrument evidencing a proportionate | ||||||
interest in payments to be made by the district, or any 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 system or improvement revenue or from any other | ||||||
source, including future bond proceeds. | ||||||
Sec. 3897.307. BOND MATURITY. Bonds may mature not more | ||||||
than 40 years from their date of issue. | ||||||
[Sections 3897.308-3897.350 reserved for expansion] | ||||||
SUBCHAPTER F. DISSOLUTION | ||||||
Sec. 3897.351. DISSOLUTION BY MUNICIPAL ORDINANCE. The | ||||||
largest municipality in which the district is located may dissolve | ||||||
the district by ordinance. | ||||||
Sec. 3897.352. LIMITATION ON DISSOLUTION. The municipality | ||||||
may not dissolve the district until: | ||||||
(1) the district's outstanding bonds have been repaid | ||||||
or defeased; | ||||||
(2) the district's outstanding debt or contractual | ||||||
obligations that are payable from ad valorem taxes have been repaid | ||||||
or discharged; and | ||||||
(3) each agreement under Section 3897.251 has been | ||||||
executed and the district's performance under the agreement has | ||||||
been fulfilled, including any right or obligation the district has | ||||||
to reimburse a developer or owner for the costs of improvement | ||||||
projects. | ||||||
Sec. 3897.353. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||||||
(a) If the dissolved district has obligations, other than bonds, | ||||||
outstanding secured by and payable from assessments or other | ||||||
revenue, other than ad valorem taxes, the municipality in which the | ||||||
project that generated the revenue is located shall succeed to the | ||||||
rights and obligations of the district regarding enforcement and | ||||||
collection of the assessments or other revenue. | ||||||
(b) The municipality shall have and exercise all district | ||||||
powers to enforce and collect the assessments or other revenue to | ||||||
pay: | ||||||
(1) the obligations when due and payable according to | ||||||
their terms; or | ||||||
(2) special revenue or assessment bonds or other | ||||||
obligations issued by the municipality to refund the outstanding | ||||||
obligations. | ||||||
Sec. 3897.354. ASSUMPTION OF ASSETS AND LIABILITIES. | ||||||
(a) After the municipality dissolves the district, the | ||||||
municipality assumes the obligations of the district, including any | ||||||
debt payable from assessments or other district revenue. | ||||||
(b) If the municipality dissolves the district, the board | ||||||
shall transfer ownership of all district property to the | ||||||
municipality in which the property is located, or if the property is | ||||||
not located in a municipality, to the county in which the property | ||||||
is located. | ||||||
SECTION 2. The district shall include the following land, | ||||||
described by metes and bounds as follows: | ||||||
All that certain tract or parcel of land lying and being | ||||||
situate in the City of Nacogdoches, Nacogdoches County, Texas on | ||||||
the SAMUEL MARSHALL SURVEY, A-365, being part of a 98.4 acre tract | ||||||
described as 1st Tract of Second Tract, part of a 34.1 acre tract | ||||||
described as Third Tract, part of a 7.111 acre tract described as | ||||||
Fifth Tract, and part of a 13.592 acre tract described as Seventh | ||||||
Tract in a deed from C.S. Jones, et ux, to Lone Star Breeder Farm, | ||||||
Inc., dated January 24, 1958, recorded in Volume 272, Page 359 of | ||||||
the DRNCT, and part of a 240.7 acre tract described as First Tract | ||||||
in a deed from Christian Medical Foundation, Inc., to Lone Star | ||||||
Breeder Farm, Inc., recorded in Volume 334, Page 122 of the DRNCT, | ||||||
and more particularly described as follows: | ||||||
BEGINNING at a 1-1/2" iron pipe found at the base of a fence | ||||||
corner post for the SWC of the Kenbrook North Addition, recorded in | ||||||
Volume 3, Page 5-7 of the Plat Records of Nacogdoches County, Texas | ||||||
(PRNCT), the NWC of the 13.592 acre tract, and in the EBL of the 98.4 | ||||||
acre tract; | ||||||
THENCE N 86°12'34" E (called N 86°45' E in 272/359 and N | ||||||
89°36'53" E in 3/5-7 PRNCT) with the NBL of the 13.592 acre tract and | ||||||
the SBL of Kenbrook North Addition, at 286.9 feet pass a point 1.7 | ||||||
feet south of a 3/4" iron rod found, at 406.6 feet pass a point 0.3 | ||||||
feet north of a 1/2" iron rod found, at 525.6 feet pass a point 1.4 | ||||||
feet south of a 3/4" iron rod found, at 766.6 feet pass a point 1.0 | ||||||
feet south of a 3/4" iron pipe found, at 886.6 feet pass a point 0.5 | ||||||
feet south of a 5/8" iron rod found, and in all 992.29 feet (called | ||||||
1119.4' in 272/359 and 994.65' in 3/5-7 PRNCT) to a 2" iron pipe | ||||||
found for angle corner in the SBL of Kenbrook North Addition, the | ||||||
occupied NEC of the 13.592 acre tract, the NWC of a 11.3 acre tract | ||||||
described as Tract Two in a deed from Texas Service Life Insurance | ||||||
Company to Lyle Thorstenson, et ux, dated November 4, 1992, | ||||||
recorded in Volume 828, Page 30 of the DRNCT; | ||||||
THENCE S 06°42'53" W (called S 10° W in 272/359 and S 11° W in | ||||||
828/30) with the occupied EBL of the 13.592 acre tract and the WBL | ||||||
of the 11.3 acre tract, at 362.61 feet pass a 3/8" iron rod found for | ||||||
the SWC of the 11.3 acre tract and the NWC of a 10.39 acre tract | ||||||
described in a deed from Tom Jones to Charles Logan, et ux, dated | ||||||
July 22, 1966, recorded in Volume 337, Page 372 of the DRNCT, and in | ||||||
all 382.11 feet to a point for corner in the centerline of a branch | ||||||
and the WBL of the 10.39 acre tract; | ||||||
THENCE with the meanders of the centerline of said branch as | ||||||
follows: | ||||||
1. S 82°09'36" W, 50.72 feet; 2. S 48°54'39" W, 35.18 feet; | ||||||
3. S 34°22'24" W, 29.53 feet; 4. S 74°58'24" W, 18.52 feet; | ||||||
5. S 49°38'26" W, 43.35 feet; 6. S 00°39'30" W, 39.58 feet; | ||||||
7. S 55°24'09" W, 48.03 feet; 8. S 04°28'22" W, 45.81 feet; | ||||||
9. S 56°30'54" W, 15.88 feet; 10. N 69°22'31" W, 46.25 feet; | ||||||
11. S 55°31'51" W, 61.21 feet; 12. S 70°31'12" W, 100.13 feet; | ||||||
13. S 85°50'02" W, 34.33 feet; 14. N 58°03'58" W, 51.81 feet; | ||||||
15. S 79°38'09" W, 59.16 feet; 16. N 79°34'50" W, 57.07 feet; | ||||||
17. N 62°50'24" W, 44.62 feet; 18. N 70°59'09" W, 29.20 feet; | ||||||
19. N 46°17'24" W, 22.76 feet; 20. S 46°05'11" W, 106.77 feet; | ||||||
21. N 52°48'49" W, 76.41 feet; 22. N 24°49'49" W, 32.59 feet; | ||||||
23. N 68°46'25" W, 89.22 feet; 24. N 55°51'25" W, 44.31 feet; | ||||||
25. N 60°43'07" W, 63.64 feet; 26. N 83°43'02" W, 76.64 feet; | ||||||
27. N 39°08'20" W, 45.76 feet; 28. S 64°00'08" W, 55.43 feet; | ||||||
29. S 78°15'18" W, 51.35 feet; 30. N 65°17'01" W, 40.20 feet; | ||||||
31. N 51°25'37" W, 34.71 feet; 32. S 53°55'17" W, 95.66 feet; | ||||||
33. S 64°46'48" W, 56.59 feet; 34. S 78°49'38" W, 60.02 feet; | ||||||
35. N 84°08'55" W, 71.77 feet; 36. N 40°23'53" W, 27.74 feet; | ||||||
37. N 60°00'50" W, 58.49 feet; 38. S 89°23'46" W, 38.39 feet; | ||||||
39. S 51°47'35" W, 33.00 feet; 40. S 83°31'21" W, 29.43 feet; | ||||||
41. S 41°10'09" W, 14.48 feet; 42. S 83°39'36" W, 22.67 feet; | ||||||
43. N 20°02'08" W, 16.80 feet; 44. N 08°24'01" W, 14.46 feet; | ||||||
45. N 65°25'57" W, 53.59 feet; 46. N 38°34'52" W, 33.98 feet; | ||||||
47. N 76°14'16" W, 54.42 feet; 48. N 81°16'42" W, 44.12 feet; | ||||||
49. N 60°00'12" W, 99.63 feet; 50. N 72°59'23" W, 68.62 feet; | ||||||
51. N 68°45'56" W, 80.15 feet; 52. N 43°13'00" E, 40.35 feet; | ||||||
53. N 78°25'21" W, 49.93 feet; 54. N 59°59'25" W, 60.28 feet; | ||||||
55. N 49°49'20" W, 69.27 feet; 56. N 69°07'16" W, 53.13 feet | ||||||
to a point for corner in the EBL of Lot 2, University Park | ||||||
Subdivision, recorded in Volume 5, Page 33 of the PRNCT, from which | ||||||
a 1/2" iron rod found for witness bears N 01°12'28" E, 30.00 feet; | ||||||
THENCE N 01°12'28" E, 140.44 feet (called N 04°39'37" E in 5/33 | ||||||
PRNCT) with the EBL of Lot 2 to a 1" iron pipe found for corner, from | ||||||
which a Tallow snag bears S 54~ W, 2.0 feet; | ||||||
THENCE N 88°44'28" W (called N 85°23'52" W in 5/33 PRNCT), | ||||||
75.00 feet with the NBL of Lot 2 to a 1/2" iron rod found for corner; | ||||||
THENCE N 01°10'22" E, 345.85 feet to a 1/2" iron rod set for | ||||||
corner in the SBL of a 4.145 acre tract described in a deed from Lone | ||||||
Star Breeder Farm, Inc., to the City of Nacogdoches, dated July 16, | ||||||
2007, recorded in Volume 2693, Page 177 of the DRNCT, said 4.145 | ||||||
acre tract being the right-of-way for Maroney Drive; | ||||||
THENCE with the SBL of the 4.145 acre tract as follows: | ||||||
1. S 88°49'38" E, 189.84 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
2. Northeasterly, 399.38 feet with a tangent curve to the | ||||||
left having a radius of 527.35 feet, a central angle of 43°23'31", | ||||||
and a chord of N 69°28'36" E, 389.90 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
3. N 86°47'25" E, 25.99 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
4. N 41°47'25" E, 73.31 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
5. N 03°12'35" W, 21.92 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
6. N 41°47'25" E, 151.81 feet to a 1/2" iron rod found for | ||||||
corner; | ||||||
7. Northeasterly, 388.82 feet with a tangent curve to the | ||||||
right, having a radius of 472.65 feet, a central angle of 47°08'02", | ||||||
and a chord of N 65°21'26" E, 377.95 feet to a 1/2" iron rod found | ||||||
for corner; | ||||||
8. N 88°55'28" E, 37.19 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
9. S 46°04'33" E, 21.92 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
10. N 88°55'28" E, 73.31 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
11. N 43°55'27" E, 21.92 feet to a 1/2" iron rod set for | ||||||
corner; | ||||||
12. N 88°55'28" E, at 296.5 feet pass a wire fence, and in all | ||||||
304.32 feet to an "X" found chiseled in a concrete drive at the most | ||||||
easterly SEC of the 4.145 acre tract, in the WBL of Kenbrook North | ||||||
Addition and the EBL of the 240.7 acre tract; | ||||||
THENCE S 07°05'37" W (called S 10° W), at 141.3 feet pass a | ||||||
point 1.1 feet east of a 3/8" iron rod, at 240.2 feet pass a point | ||||||
0.6 feet east of a 1/2" iron rod, at 360.2 feet pass a point 0.7 feet | ||||||
east of a 1/2" pipe, and in all 876.83 feet to the place of BEGINNING | ||||||
containing within these calls 44.34 acres. | ||||||
SECTION 3. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2011. |