|
SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3946 to
read as follows:
CHAPTER 3946. WINDSOR
HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3946.001.
DEFINITIONS. In this chapter:
(1) "Board"
means the district's board of directors.
(2) "City"
means the City of Midlothian, Texas.
(3) "Development
agreement" means a development agreement between the city and One
Windsor Hills, L.P., that establishes the standards that apply to
development in the district, in addition
to those contained in zoning, subdivision, and other applicable ordinances
of the city.
(4) "Director"
means a board member.
(5) "District"
means the Windsor Hills Municipal Management District No. 1.
(6) "Finance
plan" means a finance plan between the city and the district that
includes a general description of improvement projects or services that will be financed by
the district, an estimate of the costs for the improvement projects or services, an estimate of the amount of the
costs for the improvement projects or services that the district will pay
directly or that will be reimbursed to the developer, and the means
of financing costs related to the planning, design, construction,
improvement, maintenance, and operation
of the improvement projects or services.
Sec. 3946.002.
PRECONDITION; EXPIRATION. (a) The district may not exercise any powers
under this chapter until the development agreement is executed.
(b) This chapter,
including Section 3946.061, expires September 1, 2019, if the development
agreement and finance plan are not executed by that date.
Sec. 3946.003. CREATION
AND NATURE OF DISTRICT. The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas
Constitution.
Sec. 3946.004. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3946.005. 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 district is
created to accomplish the purposes of a municipal management district as
provided by general law and Sections 52 and 52-a, Article III, and Section
59, Article XVI, Texas Constitution.
(d) The creation of the
district is in the public interest and is essential to:
(1) further the public
purposes of developing and diversifying the economy of the state;
(2) eliminate
unemployment and underemployment; and
(3) develop or expand
transportation and commerce.
(e) 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 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.
(f) Pedestrian ways along
or across a street, whether at grade or above or below the surface, and
street lighting, street landscaping, parking, and street art objects are
parts of and necessary components of a street and are considered to be a
street or road improvement.
(g) 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. 3946.006. 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 other law.
(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 3946.201 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. 3946.007. 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 under Chapter
311, Tax Code; or
(2) a tax abatement reinvestment zone created under Chapter
312, Tax Code.
(b) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section 311.006,
Tax Code.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3946.051. GOVERNING
BODY; TERMS. The district is governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring May 31 of
each even-numbered year.
(See Sec. 3946.061 below.)
Sec. 3946.052.
QUALIFICATIONS. (a) To be qualified to serve as a director appointed by the governing body of the city, a
person must be:
(1) a resident of the city who is also a registered voter of
the city;
(2) an owner of property in the district; or
(3) an agent, employee, or tenant of a person described by
Subdivision (2).
(b) Section 49.052, Water Code, does not apply to the district.
Sec. 3946.053. APPOINTMENT OF DIRECTORS. The governing body of
the city shall appoint directors.
Sec. 3946.054. EX OFFICIO
DIRECTORS.
Sec. 3946.055. VACANCY. The governing body of the city shall
fill a vacancy on the board by appointing
a person who meets the qualifications prescribed by Section 3946.052.
Sec. 3946.056. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3946.057. OFFICERS.
Sec. 3946.058.
COMPENSATION; EXPENSES. (a) The district may compensate each director in
an amount not to exceed $75 for each board meeting. The total amount of
compensation for each director in a calendar year may not exceed $3,000.
(b) The governing body of
the city, by resolution or ordinance, may increase:
(1) the compensation for
each director to an amount not to exceed $150 for each board meeting; and
(2) the total
compensation for each director to an amount not to exceed $6,000 in a calendar year.
(c) A director is
entitled to reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of the board.
Sec. 3946.059. LIABILITY
INSURANCE.
Sec. 3946.060. BOARD MEETINGS. The board shall hold meetings
at a place accessible to the public.
Sec. 3946.061. INITIAL DIRECTORS. (a) The governing body of
the city shall appoint the initial directors immediately after the
effective date of the Act enacting this chapter.
(b) The governing body shall stagger the terms, with two or
three directors' terms expiring May 31, 2018, and the remaining directors'
terms expiring May 31, 2020.
(c) The term of an initial director does not begin until the
development agreement and finance plan are executed.
(d) This section expires September 1, 2022.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3946.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which the
district is created.
Sec. 3946.102.
IMPROVEMENT PROJECTS. The district may provide, or it may enter into
contracts with a governmental or private entity to provide, the improvement
projects described by Subchapter C-1 or
activities in support of or incidental to those projects.
Sec. 3946.103. 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. 3946.104. 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 365 and 441, Transportation Code.
Sec. 3946.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 372, Local Government Code, to
a municipality or county.
Sec. 3946.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter
375, Local Government Code.
Sec. 3946.107. CONTRACT POWERS. The district may contract with
a governmental or private entity, on terms determined by the board, to
carry out a power or duty authorized by this chapter or to accomplish a
purpose for which the district is created.
Sec. 3946.108. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own, operate, and
maintain parking facilities or a system of parking facilities, including
lots, garages, parking terminals, or other structures or accommodations for
parking motor vehicles off the streets and related appurtenances.
(b) The district's parking facilities serve the public purposes
of the district and are owned, used, and held for a public purpose even if
leased or operated by a private entity for a term of years.
(c) The district's parking facilities are necessary components
of a street and are considered to be a street or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3946.109. NO EMINENT
DOMAIN POWER. The district may not exercise the power of eminent domain.
Sec. 3946.110. NO TOLL ROADS. The district may not construct,
acquire, maintain, or operate a toll road.
SUBCHAPTER C-1.
IMPROVEMENT PROJECTS AND SERVICES
Sec. 3946.151.
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 or Chapter 375, Local Government Code.
Sec. 3946.152. BOARD
DETERMINATION REQUIRED. The district may not undertake an improvement
project or service unless the
board determines the project or service:
(1) is necessary to
accomplish a public purpose of the district; and
(2) complies with the development agreement or the parties to
the development agreement agree to the project or service, in writing.
Sec. 3946.153. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE
AREA. The district may undertake an improvement project or service that
confers a special benefit on a definable area in the district and levy and
collect a special assessment on benefited property in the district in
accordance with:
(1) Chapter 372, Local Government Code;
(2) Chapter 375, Local Government Code; or
(3) both chapters.
Sec. 3946.154.
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. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3946.201. BORROWING
MONEY; OBLIGATIONS. (a) The district may borrow money for a district
purpose by issuing bonds, notes, time
warrants, or other obligations, or
by entering into a contract payable wholly or partly from an
assessment, a contract payment, a grant,
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. 3946.202. COMPLIANCE
WITH DEVELOPMENT AGREEMENT AND FINANCE PLAN. Before the district issues, enters into, or pays an obligation under
Section 3946.201:
(1) the obligation must be authorized by the finance plan; and
(2) the city must provide written notice to the district
that no party to the development
agreement is in default as of the date the district is authorized to
issue or enter into the obligation.
Sec. 3946.203. ISSUER
POWERS FOR CERTAIN PUBLIC IMPROVEMENTS.
Sec. 3946.204.
ASSESSMENTS. The district may impose an assessment on property in the
district to pay for an obligation
described by Section 3946.201 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.
Sec. 3946.205. TAX AND ASSESSMENT ABATEMENTS. The district may
designate reinvestment zones and may grant abatements of a tax or
assessment on property in the zones.
Sec. 3946.206. DISBURSEMENTS AND TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures and the
procedure required for a disbursement or transfer of the district's money.
Sec. 3946.207.
RESIDENTIAL PROPERTY NOT EXEMPT.
Sec. 3946.208. NO AD
VALOREM TAX.
SUBCHAPTER E. DISSOLUTION
Sec. 3946.251.
DISSOLUTION BY CITY ORDINANCE. (a) The governing
body of the city may dissolve the district by ordinance.
(b) The governing body may not dissolve the
district until:
(1) the district's
outstanding debt or other obligations have been repaid, assumed, or
discharged, including the defeasance of any outstanding bonds or other
obligations through the issuance of debt by the city; and
(2) each party to the
development agreement and the finance
plan fulfills the party's obligations under the agreement and the
plan, including a district obligation to reimburse a developer or owner for
the costs of an improvement project or service.
Sec. 3946.252. COLLECTION
OF ASSESSMENTS AND OTHER REVENUE. If the governing
body of the city dissolves the district and assumes the outstanding bonds or other obligations of
the district secured by and payable from assessments or other revenue:
(1) the city shall, in
the same manner as the district, enforce and collect the assessments or
other revenue to pay:
(A) the bonds or other
obligations when due and payable; or
(B) special revenue or
assessment bonds or other obligations issued by the city to refund the
outstanding bonds or obligations of the district; and
(2) the board shall
transfer ownership of all district property to the city.
|
SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3946 to
read as follows:
CHAPTER 3946. WINDSOR
HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3946.001.
DEFINITIONS. In this chapter:
(1) "Board"
means the district's board of directors.
(2) "City"
means the City of Midlothian, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Development
agreement" means a development agreement between the city and One
Windsor Hills, L.P., that establishes the standards that apply to
development in the district and includes
zoning provisions for the district that allow a maximum of 545 residential
units.
(5) "Director"
means a board member.
(6) "District"
means the Windsor Hills Municipal Management District No. 1.
(7) "Finance
plan" means a finance plan between the city and the district that
includes a general description of proposed
improvement projects that will be financed by the district, an estimate of
the costs for the proposed
improvement projects, and the means of financing costs related to the
planning, design, construction, and improvement of the proposed improvement
projects.
Sec. 3946.002.
PRECONDITION; EXPIRATION. (a) The district may not exercise any powers
under this chapter until the development agreement and finance plan are executed.
(b) This chapter,
including Section 3946.052, expires September 1, 2019, if the development
agreement and finance plan are not executed by that date.
Sec. 3946.003. CREATION
AND NATURE OF DISTRICT. The district is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3946.004. PURPOSE;
LEGISLATIVE FINDINGS.
Sec. 3946.005. 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 district is
created to accomplish the purposes of a municipal management district as
provided by general law and Sections 52 and 52-a, Article III, and Section
59, Article XVI, Texas Constitution.
(d) 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.
(e) 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.
(f) Pedestrian ways along
or across a street, whether at grade or above or below the surface, and
street lighting, street landscaping, parking, and street art objects are
parts of and necessary components of a street and are considered to be a
street or road improvement.
(g) 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. 3946.006. 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 any type of bonds
or other obligations for a purpose for which
the district is created;
(4) right to impose or
collect an assessment, or collect other revenue; or
(5) legality or
operation.
Sec. 3946.007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICT
LAW. Except as provided by this chapter, Chapter 375, Local Government
Code, applies to the district.
Sec. 3946.008. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
The initial directors shall hold an election to confirm the creation of the
district and to elect five permanent directors as provided by Section
49.102, Water Code.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3946.051. GOVERNING
BODY; TERMS. (a) The district is governed by a board of five elected directors.
(b) Except as provided by Section 3946.052,
directors serve staggered four-year terms, with two or three
directors' terms expiring May 31 of each even-numbered year.
Sec. 3946.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) John Malloy;
(2) Jon Hendrickson;
(3) Suzanne Disette;
(4) Katie Martin Brown; and
(5) Christopher Alan Cain.
(b) Initial directors serve until the earlier of:
(1) the date permanent directors are elected under Section
3946.008; or
(2) June 1, 2021.
(c) If permanent directors have not been elected and the terms
of the initial directors have expired, successor 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
3946.008; 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 may
submit a petition to the commission requesting
that the commission appoint as successor directors the five persons named
in the petition. The commission shall appoint as successor directors the
five persons named in the petition.
Sec. 3946.053.
ELIGIBILITY. To be qualified to serve as a director,
a person must meet the qualifications
prescribed by Section 375.063, Local Government Code.
Sec. 3946.054. EX OFFICIO
DIRECTORS.
Sec. 3946.055. VACANCY. A
vacancy on the board shall be filled by the
remaining members of the board for the unexpired term.
Sec. 3946.056. DIRECTOR'S
OATH OR AFFIRMATION.
Sec. 3946.057. OFFICERS.
Sec. 3946.058.
COMPENSATION; EXPENSES. (a) The district may compensate each director in
an amount not to exceed $75 for each board meeting. The total amount of
compensation for each director in a calendar year may not exceed $3,000.
(b) The governing body of
the city, by resolution or ordinance, may increase:
(1) the compensation for
each director to an amount not to exceed $150 for each board meeting; and
(2) the total compensation
for each director to an amount not to exceed $7,200
in a calendar year.
(c) A director is
entitled to reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of the board.
Sec. 3946.059. LIABILITY
INSURANCE.
Sec. 3946.060. CONFLICTS OF INTEREST. Chapter 171, Local
Government Code, governs conflicts of interest of directors.
(See Sec. 3946.052 above.)
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3946.101.
IMPROVEMENT PROJECTS. (a) The district may provide, or it may enter into
contracts with a governmental or private entity to provide, the improvement
projects described by Subchapter D.
(b) An improvement project authorized under this chapter may be
located inside or outside the district.
Sec. 3946.102. RULES; ENFORCEMENT. (a) The district may adopt
rules:
(1) to administer or operate the district; or
(2) for the use, enjoyment, availability, protection, security,
and maintenance of the district's property and facilities.
(b) The district may enforce its rules by injunctive relief.
Sec. 3946.103. NAME CHANGE; NOTICE. (a) The board by
resolution may change the district's name.
(b) The board shall give written notice of a name change to the
city.
Sec. 3946.104. 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. 3946.105. NO EMINENT
DOMAIN POWER. The district may not exercise the power of eminent domain.
SUBCHAPTER D. IMPROVEMENT
PROJECTS AND SERVICES
Sec. 3946.151.
IMPROVEMENT PROJECTS AND SERVICES. Except
as otherwise provided by this chapter, the district may provide, or
contract with a governmental or private entity to provide, water, wastewater, drainage, or roadway
projects, or related projects and services.
Sec. 3946.152. BOARD
DETERMINATION REQUIRED. The district may not undertake an improvement
project unless the board determines the project is necessary to accomplish
a public purpose of the district.
Sec. 3946.153. CITY REQUIREMENTS. (a) An improvement project
must comply with any applicable city construction codes and construction
ordinances.
(b) The district may not provide, conduct, or authorize any
improvement project on the city's streets, highways, rights-of-way, or
easements without the consent of the city.
Sec. 3946.154. ADDITIONAL CITY POWERS REGARDING IMPROVEMENT
PROJECTS. (a) Except as otherwise provided by an agreement between the
district and the city, the city may:
(1) by ordinance, order, resolution, or other directive require
that title to all or any portion of an improvement project vest in the
city; or
(2) by ordinance, order, resolution, or other directive
authorize the district to own, encumber, maintain, and operate an
improvement project or convey the project to the city at a later date.
(b) The district shall immediately comply with any city
ordinance or resolution adopted under this section.
SUBCHAPTER E. CONTRACTS
Sec. 3946.201. GENERAL CONTRACT POWERS. The district may
contract with any person to accomplish any district purpose.
Sec. 3946.202. CONTRACT TERMS. 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 the city or any other person.
Sec. 3946.203. 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. 3946.204. 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.
Sec. 3946.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED. Any
person, including the city, may contract with the district to carry out the
purposes of this chapter without further statutory or other kind of
authorization.
SUBCHAPTER F. GENERAL
FINANCIAL PROVISIONS
Sec. 3946.252. BORROWING
MONEY. The district may borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations
of any kind found by the board to be
necessary or appropriate for a district purpose. The bond, note, credit
agreement, or other obligation must be secured by and payable from
assessments or any other district revenue.
Sec. 3946.253. BONDS AND OTHER OBLIGATIONS. (a) 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.
(b) 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.
(c) In exercising the district's borrowing power, the district
may issue a bond or other obligation in the form of a bond, note,
certificate of participation or other instrument evidencing a proportionate
interest in payments to be made by the district, or other type of
obligation.
(d) 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 improvement revenue or from any other source.
Sec. 3946.254. BOND MATURITY. Bonds may mature not more than
40 years from their date of issue.
Sec. 3946.251.
DEVELOPMENT AGREEMENT REQUIRED TO BORROW MONEY OR IMPOSE ASSESSMENTS.
Before the district may issue bonds,
impose assessments, or borrow money, the district must obtain from the city confirmation that no defaults under the development agreement are known.
Sec. 3946.255. ISSUER
POWERS FOR CERTAIN PUBLIC IMPROVEMENTS.
Sec. 3946.256. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or secure the
payment or repayment of any bond, note, or other temporary or permanent obligation
or reimbursement or other contract with any person and the costs and
expenses of the establishment, administration, and operation of the
district and the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or debt by:
(1) a lease, installment purchase contract, or other agreement;
or
(2) any other revenue or resources of the district or other
revenue authorized by the city, including revenue from a tax increment
reinvestment zone created by the city.
Sec. 3946.257.
ASSESSMENTS. (a) The district may impose an assessment on property in the
district to pay the cost of any
authorized district improvement or to pay the costs of establishing and
operating the district 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 may not exceed the equivalent of 43 cents per
$100 of valuation on the average residential lot in the district.
(c) 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.
(d) 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.
(e) 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. 3946.258. COSTS FOR IMPROVEMENT PROJECTS. The district
may undertake separately or jointly with other persons, including the city,
all or part of the cost of an improvement project, including an improvement
project that confers a general benefit on the entire district or a special
benefit on a definable part of the district.
Sec. 3946.259.
RESIDENTIAL PROPERTY NOT EXEMPT
Sec. 3946.260. NO IMPACT FEES. The district may not impose an
impact fee.
Sec. 3946.261. NO AD
VALOREM TAX.
SUBCHAPTER G. DISSOLUTION
Sec. 3946.301.
DISSOLUTION BY CITY ORDINANCE. (a) The city by ordinance may dissolve the
district.
(b) The city may not dissolve the district
until:
(1) the district's
outstanding debt or other obligations have been repaid, assumed, or
discharged, including the defeasance of any outstanding bonds or other
obligations through the issuance of debt by the city; and
(2) each party to the
development agreement fulfills the party's obligations under the agreement
and the plan, including a district obligation to reimburse a developer or
owner for the costs of an improvement project or service.
Sec. 3946.302. 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 shall succeed 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) special revenue or
assessment bonds or other obligations issued by the city to refund the
outstanding bonds or obligations.
Sec. 3946.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to the
appropriation and availability of funds, the obligations of the district,
including any 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.
|