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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3929 to
read as follows:
CHAPTER 3929. JOSHUA FARMS
MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3929.001. DEFINITIONS.
In this chapter:
(1) "Board"
means the district's board of directors.
(2) "City" means
the City of Cleburne, Texas.
(3) "County"
means Johnson County, Texas.
(4) "Director"
means a board member.
(5) "District"
means the Joshua Farms Municipal Management District No. 2.
Sec. 3929.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3929.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3929.004. FINDINGS OF
BENEFIT AND PUBLIC PURPOSE.
Sec. 3929.005. INITIAL
DISTRICT TERRITORY. (a) The district is initially composed of the territory
described by Section 2 of the Act enacting this chapter.
(b) The boundaries and
field notes contained in Section 2 of the Act enacting this chapter form a
closure. A mistake in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization,
existence, or validity;
(2) right to contract;
(3) authority to borrow
money or issue bonds or other obligations described by Section 3929.253 or
to pay the principal and interest of the bonds or other obligations;
(4) right to impose or
collect an assessment, tax, or any other
revenue; or
(5) legality or operation.
Sec. 3929.006. ELIGIBILITY
FOR INCLUSION IN SPECIAL ZONES.
Sec. 3929.007. CONFIRMATION
AND DIRECTORS' ELECTION REQUIRED.
Sec. 3929.008. APPLICABILITY
OF MUNICIPAL MANAGEMENT DISTRICT LAW. Except as provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3929.009. CONSTRUCTION
OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3929.051. GOVERNING
BODY; TERMS.
Sec. 3929.052. BOARD
MEETINGS.
Sec. 3929.053. INITIAL
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3929.101. GENERAL
POWERS AND DUTIES.
Sec. 3929.102. IMPROVEMENT
PROJECTS.
Sec. 3929.103. WATER
DISTRICT POWERS.
Sec. 3929.104. ROAD DISTRICT POWERS. 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 Chapters 257 and 441, Transportation Code.
Sec. 3929.105. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3929.106. CONTRACT
POWERS.
Sec. 3929.107. 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. 3929.108. ADDING OR
REMOVING TERRITORY. As provided by Subchapter J, Chapter 49, Water Code,
the board may add territory inside the
boundaries of the city or the extraterritorial jurisdiction of the
city to the district or remove territory inside the boundaries of the city or the extraterritorial
jurisdiction of the city from the district, except that:
(1) the addition or
removal of the territory must be approved by the city;
(2) the addition or
removal may not occur without petition by the owners of the territory being
added or removed; and
(3) territory may not be
removed from the district if bonds or other obligations of the district
payable wholly or partly from taxes or
assessments assessed on the territory are outstanding.
Sec. 3929.109. NO TOLL
ROADS.
Sec. 3929.110. EMINENT DOMAIN.
(a) Section 375.094, Local Government Code, does not apply to the district.
(b) The district may acquire by condemnation any land, easements,
or other property inside or outside the district's boundaries or the
boundaries of the certificated service area of a water supply corporation
necessary for water, sanitary sewer, storm drainage, flood drainage, or
control or roadway purposes, or for any other of the district's projects or
purposes, and may elect to condemn either the fee simple title or a lesser
property interest.
(c) The right of eminent domain shall be exercised in the manner
provided by Chapter 21, Property Code, except that the district is not
required to give bond for appeal or bond for costs in any condemnation suit
or other suit to which it is a party and is not required to deposit more
than the amount of any award in any suit.
(d) The district may not use the power of eminent domain to condemn
land for the purpose of acquiring rights to underground water or acquiring
water or water rights.
SUBCHAPTER C-1.
IMPROVEMENT PROJECTS AND SERVICES
Sec. 3929.151. IMPROVEMENT
PROJECTS AND SERVICES.
Sec. 3929.152. BOARD
DETERMINATION REQUIRED.
Sec. 3929.153. LOCATION OF
IMPROVEMENT PROJECT.
Sec. 3929.154. IMPROVEMENT
PROJECT AND SERVICE IN DEFINABLE AREA.
Sec. 3929.155. CONTRACTS. A contract to design, construct, acquire,
improve, relocate, operate, maintain, or finance an improvement project is
considered a contract for a good or service under Subchapter I, Chapter 271,
Local Government Code.
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3929.201. DIVISION OF
DISTRICT; PREREQUISITE. The district, including territory added to the
district under Section 3929.108, 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 3929.108 may be included in
a new district.
Sec. 3929.202. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 3929.203. 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, subject
to the city's resolution or ordinance:
(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. 3929.204. NOTICE AND
RECORDING OF ORDER.
Sec. 3929.205. CONTRACT
AUTHORITY OF NEW DISTRICTS.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3929.251. DISBURSEMENTS
AND TRANSFERS OF MONEY.
Sec. 3929.252. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3929.253. 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.
Sec. 3929.254. CERTAIN
OBLIGATIONS NOT SUBJECT TO APPROVAL OF TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY.
Sec. 3929.255. ELECTIONS REGARDING TAXES OR BONDS. (a) The district
may issue, without an election, bonds and other obligations payable from
any source other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes.
(c) The district may not issue bonds payable from ad valorem taxes
to finance a road project unless the issuance is approved by a vote of a
two-thirds majority of the district voters voting at an election held for
that purpose.
Sec. 3929.256. OPERATION AND MAINTENANCE TAX. (a) If authorized at
an election, the district may impose an operation and maintenance tax in
accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not exceed
the rate approved at the election.
Sec. 3929.257. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may impose a tax other than an operation
and maintenance tax and use the revenue derived from the tax to make
payments under a contract after the provisions of the contract have been
approved by a majority of the district voters voting at an election held
for that purpose.
(b) A contract approved by the district voters may contain a provision
stating that the contract may be modified or amended by the board without
further voter approval.
Sec. 3929.258. ASSESSMENTS.
Sec. 3929.259. RESIDENTIAL
PROPERTY NOT EXEMPT.
Sec. 3929.260. NO IMPACT
FEES.
SUBCHAPTER F. DISSOLUTION
Sec. 3929.301. DISSOLUTION
BY CITY.
Sec. 3929.302. COLLECTION
OF TAXES, ASSESSMENTS, AND OTHER REVENUE. (a) If the dissolved district has
bonds or other obligations outstanding secured by and payable from taxes, assessments, or other revenue, the
city succeeds to the rights and obligations of the district regarding
enforcement and collection of the taxes,
assessments, or other revenue.
(b) The city shall have
and exercise all district powers to enforce and collect the taxes, assessments, or other revenue to
pay:
(1) the bonds or other
obligations when due and payable according to their terms; or
(2) ad valorem tax bonds, special revenue or
assessment bonds, or other obligations issued by the city to refund the
outstanding bonds or obligations of the district.
Sec. 3929.303. ASSUMPTION
OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the
city assumes the obligations of the district, including any contractual
obligations or bonds or other debt payable from taxes, assessments, or other district revenue.
(b) If the city dissolves
the district, the board shall transfer ownership of all district property
to the city.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3929 to
read as follows:
CHAPTER 3929. JOSHUA FARMS
MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3929.001. DEFINITIONS.
In this chapter:
(1) "Board"
means the district's board of directors.
(2) "City" means
the City of Cleburne, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "County"
means Johnson County, Texas.
(5) "Director"
means a board member.
(6) "District"
means the Joshua Farms Municipal Management District No. 2.
Sec. 3929.002. CREATION
AND NATURE OF DISTRICT.
Sec. 3929.003. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3929.004. FINDINGS OF
BENEFIT AND PUBLIC PURPOSE.
Sec. 3929.005. INITIAL
DISTRICT TERRITORY. (a) The district is initially composed of the territory
described by Section 2 of the Act enacting this chapter.
(b) The boundaries and
field notes contained in Section 2 of the Act enacting this chapter form a
closure. A mistake in the field notes or in copying the field notes in the
legislative process does not affect the district's:
(1) organization,
existence, or validity;
(2) right to contract;
(3) authority to borrow
money or issue bonds or other obligations described by Section 3929.253 or
to pay the principal and interest of the bonds or other obligations;
(4) right to impose or
collect an assessment or collect other
revenue; or
(5) legality or operation.
Sec. 3929.006. ELIGIBILITY
FOR INCLUSION IN SPECIAL ZONES.
Sec. 3929.007. CONFIRMATION
AND DIRECTORS' ELECTION REQUIRED.
Sec. 3929.008. DEVELOPMENT AND OPERATING AGREEMENT EXECUTION
REQUIRED. (a) The initial directors may not hold an election under Section
3929.007 until the city has entered into a development and operating
agreement under Section 3929.156.
(b) The district is dissolved and this chapter expires March 1,
2018, if the development and operating agreement is not entered into before
that date.
Sec. 3929.009. APPLICABILITY
OF MUNICIPAL MANAGEMENT DISTRICT LAW. (a) Except as provided by this
chapter, Chapter 375, Local Government Code,
including Subchapters E and F, applies to the district.
(b) The following provisions of Chapter 375, Local Government Code,
do not apply to the district:
(1) Sections 375.164 and 375.262; and
(2) Subchapters B and O.
Sec. 3929.010. CONSTRUCTION
OF CHAPTER.
Sec. 3929.011. CONCURRENCE ON ADDITIONAL POWERS. If the legislature
grants the district a power that is in addition to the powers approved by
the initial resolution of the governing body of the city consenting to the
creation of the district, the district may not exercise that power unless
the governing body of the city consents to that change by ordinance or
resolution.
Sec. 3929.012. CITY CONSENT TO CREATION OF DISTRICT. The city's
consent to the creation of the district is not subject to the limitations
on the conditions or other restrictions the city may place on its consent
under Section 42.042, Local Government Code.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3929.051. GOVERNING
BODY; TERMS.
Sec. 3929.052. BOARD
MEETINGS.
Sec. 3929.053. REMOVAL OF DIRECTORS. (a) The board may remove a
director by unanimous vote of the other directors if the director has
missed at least half of the meetings scheduled during the preceding 12
months.
(b) A director removed under this section may file a written appeal
with the commission not later than the 30th day after the date the director
receives written notice of the board action. The commission may reinstate
the director if the commission finds that the removal was unwarranted under
the circumstances after considering the reasons for the absences, the time
and place of the meetings, the business conducted at the meetings missed,
and any other relevant circumstances.
Sec. 3929.054. INITIAL
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3929.101. GENERAL
POWERS AND DUTIES.
Sec. 3929.102. IMPROVEMENT
PROJECTS.
Sec. 3929.103. WATER
DISTRICT POWERS.
Sec. 3929.104. 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. 3929.105. PUBLIC
IMPROVEMENT DISTRICT POWERS.
Sec. 3929.106. CONTRACT
POWERS.
Sec. 3929.107. AD VALOREM TAXATION. The district may not impose an
ad valorem tax.
Sec. 3929.108. LIMITATIONS ON EMERGENCY SERVICES POWERS. The
district may not establish, operate, maintain, or finance a police or fire
department without the consent of the city by ordinance or resolution.
Sec. 3929.109. ADDING OR
REMOVING TERRITORY. As provided by Subchapter J, Chapter 49, Water Code,
the board may add territory inside the extraterritorial jurisdiction of the
city to the district or remove territory inside the extraterritorial
jurisdiction of the city from the district, except that:
(1) the addition or
removal of the territory must be approved by the city;
(2) the addition or
removal may not occur without petition by the owners of the territory being
added or removed; and
(3) territory may not be
removed from the district if bonds or other obligations of the district
payable wholly or partly from assessments assessed on the territory are
outstanding.
Sec. 3929.110. NO TOLL
ROADS.
Sec. 3929.111. EMINENT
DOMAIN. (a) Section 375.094, Local Government Code, does not apply to the
district.
(b) Subject to the consent of the city by ordinance or resolution,
the district may exercise the right of eminent domain in the manner
provided by Section 49.222, Water Code. The city may not unreasonably
withhold consent under this section.
Sec. 3929.112. ENFORCEMENT OF REAL PROPERTY RESTRICTIONS. The
district may enforce a real property restriction in the manner provided by
Section 54.237, Water Code, if, in the reasonable judgment of the board,
the enforcement of the restriction is necessary.
Sec. 3929.113. POWERS SUBJECT TO DEVELOPMENT AND OPERATING
AGREEMENT. In addition to the other limitations provided by this chapter,
the district's authority to exercise its powers is subject to the terms of
the development and operating agreement required under Section 3929.156.
SUBCHAPTER C-1. IMPROVEMENT
PROJECTS AND SERVICES
Sec. 3929.151. IMPROVEMENT
PROJECTS AND SERVICES.
Sec. 3929.152. BOARD
DETERMINATION REQUIRED.
Sec. 3929.153. LOCATION OF
IMPROVEMENT PROJECT.
Sec. 3929.154. CITY REQUIREMENTS. An improvement project in the
district must comply with any applicable requirements of the city,
including codes and ordinances, unless specifically waived or superseded by
the development and operating agreement entered into under Section 3929.156
or another agreement with the city.
Sec. 3929.155. IMPROVEMENT
PROJECT AND SERVICE IN DEFINABLE AREA; BENEFIT BASIS.
Sec. 3929.156. DEVELOPMENT AND OPERATING AGREEMENT REQUIRED. (a) After
the district's board is organized, but before the district may undertake
any improvement project, issue bonds, levy assessments or fees, or borrow
money, the district, the city, and the owner of a majority of the assessed
value of real property in the district according to the most recent
certified tax rolls of the central appraisal district of the county must
negotiate and execute a mutually approved and accepted development and
operating agreement, including any limitations imposed by the city.
(b) An agreement authorized by this section is not effective until
its terms and execution are approved by the board, the governing body of
the city by ordinance or resolution, and the owner described by Subsection
(a).
SUBCHAPTER D. DIVISION OF
DISTRICT INTO MULTIPLE DISTRICTS
Sec. 3929.201. DIVISION OF
DISTRICT; PREREQUISITES. (a) Subject to
Subsection (b), the district, including territory added to the
district under Section 3929.109, 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 3929.109 may be included in
a new district.
(b) If the board adds territory inside the extraterritorial
jurisdiction of the city or any other municipality to the district under
Section 3929.109, the district may be divided under Subsection (a) only
with the consent by ordinance or resolution of the city and any other
municipality whose extraterritorial jurisdiction is included in the
district.
Sec. 3929.202. LAW
APPLICABLE TO NEW DISTRICT.
Sec. 3929.203. 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. 3929.204. NOTICE AND
RECORDING OF ORDER.
Sec. 3929.205. CONTRACT
AUTHORITY OF NEW DISTRICTS.
SUBCHAPTER E. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3929.251. DISBURSEMENTS
AND TRANSFERS OF MONEY.
Sec. 3929.252. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3929.253. BORROWING
MONEY; OBLIGATIONS. (a) Subject to the
terms of the development and operating agreement required under Section
3929.156, 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. 3929.254. CERTAIN
OBLIGATIONS NOT SUBJECT TO APPROVAL OF COMMISSION.
Sec. 3929.255. ASSESSMENTS.
Sec. 3929.256. RESIDENTIAL
PROPERTY NOT EXEMPT.
Sec. 3929.257. NO IMPACT
FEES.
Sec. 3929.258. COLLECTION OF ASSESSMENTS. The district may contract
as provided by Chapter 791, Government Code, with the commissioners court
of the county for the assessment and collection of assessments imposed
under this subchapter.
SUBCHAPTER F. DISSOLUTION
Sec. 3929.301. DISSOLUTION BY BOARD. The board may dissolve the
district in the manner provided by Section 375.261, Local Government Code,
subject to Section 375.264, Local Government Code.
Sec. 3929.302. DISSOLUTION
BY CITY.
Sec. 3929.303. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds
or other obligations outstanding secured by and payable from assessments or
other revenue, the city succeeds to the rights and obligations of the
district regarding enforcement and collection of the assessments or other
revenue.
(b) The city shall have
and exercise all district powers to enforce and collect the assessments or
other revenue to pay:
(1) the bonds or other
obligations when due and payable according to their terms; or
(2) revenue or assessment
bonds or other obligations issued by the city to refund the outstanding
bonds or obligations of the district.
Sec. 3929.304. ASSUMPTION
OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the
city assumes the obligations of the district, including any contractual
obligations or bonds or other debt payable from assessments or other
district revenue.
(b) If the city dissolves
the district, the board shall transfer ownership of all district property
to the city.
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