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Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3851-triple-creek-municipal-management-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3851. TRIPLE CREEK MUNICIPAL MANAGEMENT DISTRICT
For contingent expiration of this chapter, see Section 3851.055.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3851.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "City" means the city of McLendon-Chisholm.
(3) "District" means the Triple Creek Municipal Management
District.
(4) "Improvement project" means a program or project authorized
by Section 3851.102, inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.002. CREATION AND NATURE OF DISTRICT. The Triple
Creek Municipal Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.003. 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 Section
375.001, Local Government Code, and Section 54.012, Water Code.
By creating the district and in authorizing the city 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) This chapter and the creation of the district may not be
interpreted to relieve the City or Rockwall or Kaufman County
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 the city and county services provided in the area in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.004. 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 accomplish the purposes stated in Section
375.001, Local Government Code, and Section 54.012, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.005. 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 3851.106.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.006. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS
LAW. Except as otherwise provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3851.051. 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 November 30 of
each even-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.052. ELECTION DATE. The board shall hold elections
for directors on the uniform election date in November in
even-numbered years.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.053. ELIGIBILITY. To be qualified to serve as a
director, a person must be at least 18 years of age and:
(1) reside in the district and be qualified to vote;
(2) own real property in the district; or
(3) have served as an initial director.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.054. VACANCY. The remaining directors shall fill a
vacancy on the board by appointing a person who meets the
qualifications prescribed by Section 3851.053.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.055. DISTRICT CONFIRMATION ELECTION. (a) As soon as
practicable after all initial directors have qualified for
office, the board shall hold an organizational meeting and call a
confirmation election to be held not later than the second
uniform election date occurring after the date of the
organizational meeting.
(b) The board shall hold the confirmation election to confirm
the establishment of the district in the manner provided by
Subchapter D, Chapter 49, Water Code, not later than the second
uniform election date after:
(1) the governing body of the city, by resolution, consents to
the holding of the election; and
(2) the district and the city agree on the development plans and
rules for the district.
(c) Before the district is confirmed at an election, the
district may carry on business as the board may determine except
that the district may not borrow money or impose or assess a tax
or an assessment.
(d) If the creation of the district is not confirmed at a
confirmation election held before September 1, 2010:
(1) the district is dissolved on September 1, 2010, except that
the district shall:
(A) pay any debts incurred;
(B) transfer to the city any assets that remain after the
payment of debts; and
(C) maintain the organization of the district until all debts
are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2010.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3851.056. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No.
Name of Director
1
David Owen Butler
2
Harry Allen Starkweather
3
Stephen Wilson Griffin
4
Andrew E. Kidd
5
R. Edward Noble
(b) Of the initial directors, the terms of directors appointed
for positions 1 and 2 expire November 30, 2008, and the terms of
directors appointed for positions 3 through 5 expire November 30,
2010.
(c) Section 49.052(a), Water Code, does not apply to an initial
director.
(d) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties provided by:
(1) the general laws relating to conservation and reclamation
districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code;
(2) 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;
(3) Subchapter A, Chapter 372, Local Government Code, in the
same manner as a municipality or a county; and
(4) Chapters 375 and 505, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.044, eff. September 1, 2009.
Sec. 3851.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, improvement projects or activities in
support of or incidental to district projects authorized under
Section 3851.101.
(b) An improvement project must comply with any applicable city
codes and ordinances.
(c) The district may not provide, conduct, or authorize any
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the
city.
(d) Subject to the agreement required by Section 3851.055(b)(2),
the city may:
(1) require that title to all or any portion of an improvement
project vest in the city; or
(2) by ordinance or other directive authorize the district to
own, encumber, maintain, and operate an improvement project,
subject to the right of the city to order a conveyance of the
project to the city on a date determined by the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.103. GENERAL POWERS REGARDING CONTRACTS. (a) The
district may:
(1) contract with a state agency, municipality, county, other
political subdivision, corporation, individual, or other entity
to carry out the purposes of the district, including a contract
for:
(A) the payment, repayment, or reimbursement of costs incurred
on behalf of the district, including all or part of the costs of
an improvement project and interest on the reimbursed cost; or
(B) the use, occupancy, lease, rental, operation, maintenance,
or management of all or part of a proposed or existing
improvement project; and
(2) apply for and contract with a state agency, municipality,
county, other political subdivision, corporation, individual, or
other entity 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.
(b) A contract payable from ad valorem taxes for a period longer
than one year must be approved by the governing body of the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.104. RULES; ENFORCEMENT. (a) The district may adopt
and enforce rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection, security,
and maintenance of the district's properties and facilities; or
(3) to provide for public safety and security in the district.
(b) The district may enforce its rules by injunctive relief.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.105. NAME CHANGE. The board by resolution may change
the district's name. The board shall give written notice of the
change to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.106. ADDING OR REMOVING TERRITORY. The board may add
or remove territory under Subchapter J, Chapter 49, and Section
54.016, Water Code, except that:
(1) the addition or removal of the territory must be approved
by:
(A) the governing body of the city; 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 on the territory are outstanding.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3851.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. The
district may:
(1) impose an ad valorem tax in accordance with Chapter 375,
Local Government Code, on all taxable property in the district to
pay for an improvement project;
(2) impose an assessment or impact fee in the manner provided
for a municipality or county under Subchapter A, Chapter 372,
Local Government Code, on all industrial, commercial, and
residential property in the district to pay for an improvement
project;
(3) impose a rate, fee, including an impact fee, or charge for
the use of an improvement project or the consumption of a product
resulting from an improvement project;
(4) 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 the
district purpose;
(5) establish, revise, repeal, enforce, collect, and apply the
proceeds from a user fee or charge for the enjoyment, sale,
rental, or other use of a district facility, service, property,
or improvement project;
(6) provide or secure the payment or repayment of 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 indebtedness by or through a lease, installment
purchase contract, or other agreement with any person, or the
imposition of taxes, assessments, user fees, concessions,
rentals, or other revenue or resources of the district;
(7) establish user charges related to the operation of various
public services, including public water supply services, for the
collection and treatment of wastewater, and for the operation of
storm-water facilities, including the regulation of storm water
for the protection of water quality in the district; and
(8) undertake separately or jointly with other persons,
including the city, Kaufman County, or Rockwall County, all or
part of the cost of an improvement project, including an
improvement project:
(A) 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
(B) that confers a general benefit on the entire district or a
special benefit on a definable part of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.152. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a) The
district may impose an impact fee or assessment on property in
the district, including an impact fee or assessment 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, county, or public
improvement district, according to the benefit received by the
property.
(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) 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 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.
(e) The district may not impose an impact fee on the property,
including equipment and facilities, of a public utility provider
in the district.
(f) Section 375.161, Local Government Code, does not apply to
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.153. 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 necessary 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 the governing body of the city and
a majority of the voters voting at an election held for that
purpose. If the tax is approved, the board may impose the tax in
the same manner as other district ad valorem taxes.
(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.
(d) The proposition in a maintenance and operation tax election
may be for a specific maximum rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.154. BONDS AND OTHER OBLIGATIONS; MUNICIPAL APPROVAL.
(a) The district may issue by competitive bid or negotiated sale
bonds, notes, or other obligations payable wholly or partly from
ad valorem taxes 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,
certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
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 net proceeds the district
receives from any other district revenue.
(d) District bonds payable by ad valorem taxes may not be issued
unless the bonds and the taxes are approved by:
(1) the governing body of the city; and
(2) a majority of the district voters voting in an election
called for that purpose.
(e) The city is not obligated to pay, repay, or guarantee any
bonds, notes, or other obligations of the district unless the
city dissolves the district under Subchapter E.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.155. BOND MATURITY. Bonds may mature not more than 40
years from their date of issue.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a) 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 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.
(b) 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 voters
in the district voting at an election held for that purpose.
(c) The district shall hold an election required by this section
in the manner provided by Subchapter L, Chapter 375, Local
Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3851.201. DISSOLUTION. (a) The city by ordinance adopted
by a two-thirds majority vote of its governing body may dissolve
the district.
(b) The city may not dissolve the district until the district's
outstanding indebtedness or contractual obligations payable from
ad valorem taxes have been repaid or discharged.
(c) After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(d) If the city dissolves the district, the board shall transfer
ownership of all district property to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3851-triple-creek-municipal-management-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3851. TRIPLE CREEK MUNICIPAL MANAGEMENT DISTRICT
For contingent expiration of this chapter, see Section 3851.055.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3851.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "City" means the city of McLendon-Chisholm.
(3) "District" means the Triple Creek Municipal Management
District.
(4) "Improvement project" means a program or project authorized
by Section 3851.102, inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.002. CREATION AND NATURE OF DISTRICT. The Triple
Creek Municipal Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.003. 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 Section
375.001, Local Government Code, and Section 54.012, Water Code.
By creating the district and in authorizing the city 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) This chapter and the creation of the district may not be
interpreted to relieve the City or Rockwall or Kaufman County
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 the city and county services provided in the area in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.004. 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 accomplish the purposes stated in Section
375.001, Local Government Code, and Section 54.012, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.005. 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 3851.106.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.006. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS
LAW. Except as otherwise provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3851.051. 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 November 30 of
each even-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.052. ELECTION DATE. The board shall hold elections
for directors on the uniform election date in November in
even-numbered years.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.053. ELIGIBILITY. To be qualified to serve as a
director, a person must be at least 18 years of age and:
(1) reside in the district and be qualified to vote;
(2) own real property in the district; or
(3) have served as an initial director.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.054. VACANCY. The remaining directors shall fill a
vacancy on the board by appointing a person who meets the
qualifications prescribed by Section 3851.053.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.055. DISTRICT CONFIRMATION ELECTION. (a) As soon as
practicable after all initial directors have qualified for
office, the board shall hold an organizational meeting and call a
confirmation election to be held not later than the second
uniform election date occurring after the date of the
organizational meeting.
(b) The board shall hold the confirmation election to confirm
the establishment of the district in the manner provided by
Subchapter D, Chapter 49, Water Code, not later than the second
uniform election date after:
(1) the governing body of the city, by resolution, consents to
the holding of the election; and
(2) the district and the city agree on the development plans and
rules for the district.
(c) Before the district is confirmed at an election, the
district may carry on business as the board may determine except
that the district may not borrow money or impose or assess a tax
or an assessment.
(d) If the creation of the district is not confirmed at a
confirmation election held before September 1, 2010:
(1) the district is dissolved on September 1, 2010, except that
the district shall:
(A) pay any debts incurred;
(B) transfer to the city any assets that remain after the
payment of debts; and
(C) maintain the organization of the district until all debts
are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2010.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3851.056. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No.
Name of Director
1
David Owen Butler
2
Harry Allen Starkweather
3
Stephen Wilson Griffin
4
Andrew E. Kidd
5
R. Edward Noble
(b) Of the initial directors, the terms of directors appointed
for positions 1 and 2 expire November 30, 2008, and the terms of
directors appointed for positions 3 through 5 expire November 30,
2010.
(c) Section 49.052(a), Water Code, does not apply to an initial
director.
(d) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties provided by:
(1) the general laws relating to conservation and reclamation
districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code;
(2) 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;
(3) Subchapter A, Chapter 372, Local Government Code, in the
same manner as a municipality or a county; and
(4) Chapters 375 and 505, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.044, eff. September 1, 2009.
Sec. 3851.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, improvement projects or activities in
support of or incidental to district projects authorized under
Section 3851.101.
(b) An improvement project must comply with any applicable city
codes and ordinances.
(c) The district may not provide, conduct, or authorize any
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the
city.
(d) Subject to the agreement required by Section 3851.055(b)(2),
the city may:
(1) require that title to all or any portion of an improvement
project vest in the city; or
(2) by ordinance or other directive authorize the district to
own, encumber, maintain, and operate an improvement project,
subject to the right of the city to order a conveyance of the
project to the city on a date determined by the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.103. GENERAL POWERS REGARDING CONTRACTS. (a) The
district may:
(1) contract with a state agency, municipality, county, other
political subdivision, corporation, individual, or other entity
to carry out the purposes of the district, including a contract
for:
(A) the payment, repayment, or reimbursement of costs incurred
on behalf of the district, including all or part of the costs of
an improvement project and interest on the reimbursed cost; or
(B) the use, occupancy, lease, rental, operation, maintenance,
or management of all or part of a proposed or existing
improvement project; and
(2) apply for and contract with a state agency, municipality,
county, other political subdivision, corporation, individual, or
other entity 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.
(b) A contract payable from ad valorem taxes for a period longer
than one year must be approved by the governing body of the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.104. RULES; ENFORCEMENT. (a) The district may adopt
and enforce rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection, security,
and maintenance of the district's properties and facilities; or
(3) to provide for public safety and security in the district.
(b) The district may enforce its rules by injunctive relief.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.105. NAME CHANGE. The board by resolution may change
the district's name. The board shall give written notice of the
change to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.106. ADDING OR REMOVING TERRITORY. The board may add
or remove territory under Subchapter J, Chapter 49, and Section
54.016, Water Code, except that:
(1) the addition or removal of the territory must be approved
by:
(A) the governing body of the city; 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 on the territory are outstanding.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3851.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. The
district may:
(1) impose an ad valorem tax in accordance with Chapter 375,
Local Government Code, on all taxable property in the district to
pay for an improvement project;
(2) impose an assessment or impact fee in the manner provided
for a municipality or county under Subchapter A, Chapter 372,
Local Government Code, on all industrial, commercial, and
residential property in the district to pay for an improvement
project;
(3) impose a rate, fee, including an impact fee, or charge for
the use of an improvement project or the consumption of a product
resulting from an improvement project;
(4) 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 the
district purpose;
(5) establish, revise, repeal, enforce, collect, and apply the
proceeds from a user fee or charge for the enjoyment, sale,
rental, or other use of a district facility, service, property,
or improvement project;
(6) provide or secure the payment or repayment of 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 indebtedness by or through a lease, installment
purchase contract, or other agreement with any person, or the
imposition of taxes, assessments, user fees, concessions,
rentals, or other revenue or resources of the district;
(7) establish user charges related to the operation of various
public services, including public water supply services, for the
collection and treatment of wastewater, and for the operation of
storm-water facilities, including the regulation of storm water
for the protection of water quality in the district; and
(8) undertake separately or jointly with other persons,
including the city, Kaufman County, or Rockwall County, all or
part of the cost of an improvement project, including an
improvement project:
(A) 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
(B) that confers a general benefit on the entire district or a
special benefit on a definable part of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.152. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a) The
district may impose an impact fee or assessment on property in
the district, including an impact fee or assessment 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, county, or public
improvement district, according to the benefit received by the
property.
(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) 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 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.
(e) The district may not impose an impact fee on the property,
including equipment and facilities, of a public utility provider
in the district.
(f) Section 375.161, Local Government Code, does not apply to
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.153. 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 necessary 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 the governing body of the city and
a majority of the voters voting at an election held for that
purpose. If the tax is approved, the board may impose the tax in
the same manner as other district ad valorem taxes.
(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.
(d) The proposition in a maintenance and operation tax election
may be for a specific maximum rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.154. BONDS AND OTHER OBLIGATIONS; MUNICIPAL APPROVAL.
(a) The district may issue by competitive bid or negotiated sale
bonds, notes, or other obligations payable wholly or partly from
ad valorem taxes 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,
certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
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 net proceeds the district
receives from any other district revenue.
(d) District bonds payable by ad valorem taxes may not be issued
unless the bonds and the taxes are approved by:
(1) the governing body of the city; and
(2) a majority of the district voters voting in an election
called for that purpose.
(e) The city is not obligated to pay, repay, or guarantee any
bonds, notes, or other obligations of the district unless the
city dissolves the district under Subchapter E.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.155. BOND MATURITY. Bonds may mature not more than 40
years from their date of issue.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a) 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 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.
(b) 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 voters
in the district voting at an election held for that purpose.
(c) The district shall hold an election required by this section
in the manner provided by Subchapter L, Chapter 375, Local
Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3851.201. DISSOLUTION. (a) The city by ordinance adopted
by a two-thirds majority vote of its governing body may dissolve
the district.
(b) The city may not dissolve the district until the district's
outstanding indebtedness or contractual obligations payable from
ad valorem taxes have been repaid or discharged.
(c) After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(d) If the city dissolves the district, the board shall transfer
ownership of all district property to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
State Codes and Statutes
Statutes >
Texas >
Special-district-local-laws-code >
Title-4-development-and-improvement >
Chapter-3851-triple-creek-municipal-management-district SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3851. TRIPLE CREEK MUNICIPAL MANAGEMENT DISTRICT
For contingent expiration of this chapter, see Section 3851.055.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3851.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "City" means the city of McLendon-Chisholm.
(3) "District" means the Triple Creek Municipal Management
District.
(4) "Improvement project" means a program or project authorized
by Section 3851.102, inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.002. CREATION AND NATURE OF DISTRICT. The Triple
Creek Municipal Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.003. 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 Section
375.001, Local Government Code, and Section 54.012, Water Code.
By creating the district and in authorizing the city 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) This chapter and the creation of the district may not be
interpreted to relieve the City or Rockwall or Kaufman County
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 the city and county services provided in the area in the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.004. 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 accomplish the purposes stated in Section
375.001, Local Government Code, and Section 54.012, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.005. 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 3851.106.
(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.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.006. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS
LAW. Except as otherwise provided by this chapter, Chapter 375,
Local Government Code, applies to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3851.051. 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 November 30 of
each even-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.052. ELECTION DATE. The board shall hold elections
for directors on the uniform election date in November in
even-numbered years.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.053. ELIGIBILITY. To be qualified to serve as a
director, a person must be at least 18 years of age and:
(1) reside in the district and be qualified to vote;
(2) own real property in the district; or
(3) have served as an initial director.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.054. VACANCY. The remaining directors shall fill a
vacancy on the board by appointing a person who meets the
qualifications prescribed by Section 3851.053.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.055. DISTRICT CONFIRMATION ELECTION. (a) As soon as
practicable after all initial directors have qualified for
office, the board shall hold an organizational meeting and call a
confirmation election to be held not later than the second
uniform election date occurring after the date of the
organizational meeting.
(b) The board shall hold the confirmation election to confirm
the establishment of the district in the manner provided by
Subchapter D, Chapter 49, Water Code, not later than the second
uniform election date after:
(1) the governing body of the city, by resolution, consents to
the holding of the election; and
(2) the district and the city agree on the development plans and
rules for the district.
(c) Before the district is confirmed at an election, the
district may carry on business as the board may determine except
that the district may not borrow money or impose or assess a tax
or an assessment.
(d) If the creation of the district is not confirmed at a
confirmation election held before September 1, 2010:
(1) the district is dissolved on September 1, 2010, except that
the district shall:
(A) pay any debts incurred;
(B) transfer to the city any assets that remain after the
payment of debts; and
(C) maintain the organization of the district until all debts
are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2010.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (d).
Sec. 3851.056. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No.
Name of Director
1
David Owen Butler
2
Harry Allen Starkweather
3
Stephen Wilson Griffin
4
Andrew E. Kidd
5
R. Edward Noble
(b) Of the initial directors, the terms of directors appointed
for positions 1 and 2 expire November 30, 2008, and the terms of
directors appointed for positions 3 through 5 expire November 30,
2010.
(c) Section 49.052(a), Water Code, does not apply to an initial
director.
(d) This section expires September 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties provided by:
(1) the general laws relating to conservation and reclamation
districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code;
(2) 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;
(3) Subchapter A, Chapter 372, Local Government Code, in the
same manner as a municipality or a county; and
(4) Chapters 375 and 505, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.044, eff. September 1, 2009.
Sec. 3851.102. IMPROVEMENT PROJECTS. (a) The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, improvement projects or activities in
support of or incidental to district projects authorized under
Section 3851.101.
(b) An improvement project must comply with any applicable city
codes and ordinances.
(c) The district may not provide, conduct, or authorize any
improvement project on the city streets, highways, rights-of-way,
or easements without the consent of the governing body of the
city.
(d) Subject to the agreement required by Section 3851.055(b)(2),
the city may:
(1) require that title to all or any portion of an improvement
project vest in the city; or
(2) by ordinance or other directive authorize the district to
own, encumber, maintain, and operate an improvement project,
subject to the right of the city to order a conveyance of the
project to the city on a date determined by the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.103. GENERAL POWERS REGARDING CONTRACTS. (a) The
district may:
(1) contract with a state agency, municipality, county, other
political subdivision, corporation, individual, or other entity
to carry out the purposes of the district, including a contract
for:
(A) the payment, repayment, or reimbursement of costs incurred
on behalf of the district, including all or part of the costs of
an improvement project and interest on the reimbursed cost; or
(B) the use, occupancy, lease, rental, operation, maintenance,
or management of all or part of a proposed or existing
improvement project; and
(2) apply for and contract with a state agency, municipality,
county, other political subdivision, corporation, individual, or
other entity 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.
(b) A contract payable from ad valorem taxes for a period longer
than one year must be approved by the governing body of the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.104. RULES; ENFORCEMENT. (a) The district may adopt
and enforce rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection, security,
and maintenance of the district's properties and facilities; or
(3) to provide for public safety and security in the district.
(b) The district may enforce its rules by injunctive relief.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.105. NAME CHANGE. The board by resolution may change
the district's name. The board shall give written notice of the
change to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.106. ADDING OR REMOVING TERRITORY. The board may add
or remove territory under Subchapter J, Chapter 49, and Section
54.016, Water Code, except that:
(1) the addition or removal of the territory must be approved
by:
(A) the governing body of the city; 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 on the territory are outstanding.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3851.151. GENERAL POWERS REGARDING FINANCIAL MATTERS. The
district may:
(1) impose an ad valorem tax in accordance with Chapter 375,
Local Government Code, on all taxable property in the district to
pay for an improvement project;
(2) impose an assessment or impact fee in the manner provided
for a municipality or county under Subchapter A, Chapter 372,
Local Government Code, on all industrial, commercial, and
residential property in the district to pay for an improvement
project;
(3) impose a rate, fee, including an impact fee, or charge for
the use of an improvement project or the consumption of a product
resulting from an improvement project;
(4) 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 the
district purpose;
(5) establish, revise, repeal, enforce, collect, and apply the
proceeds from a user fee or charge for the enjoyment, sale,
rental, or other use of a district facility, service, property,
or improvement project;
(6) provide or secure the payment or repayment of 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 indebtedness by or through a lease, installment
purchase contract, or other agreement with any person, or the
imposition of taxes, assessments, user fees, concessions,
rentals, or other revenue or resources of the district;
(7) establish user charges related to the operation of various
public services, including public water supply services, for the
collection and treatment of wastewater, and for the operation of
storm-water facilities, including the regulation of storm water
for the protection of water quality in the district; and
(8) undertake separately or jointly with other persons,
including the city, Kaufman County, or Rockwall County, all or
part of the cost of an improvement project, including an
improvement project:
(A) 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
(B) that confers a general benefit on the entire district or a
special benefit on a definable part of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.152. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a) The
district may impose an impact fee or assessment on property in
the district, including an impact fee or assessment 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, county, or public
improvement district, according to the benefit received by the
property.
(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) 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 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.
(e) The district may not impose an impact fee on the property,
including equipment and facilities, of a public utility provider
in the district.
(f) Section 375.161, Local Government Code, does not apply to
the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.153. 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 necessary 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 the governing body of the city and
a majority of the voters voting at an election held for that
purpose. If the tax is approved, the board may impose the tax in
the same manner as other district ad valorem taxes.
(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.
(d) The proposition in a maintenance and operation tax election
may be for a specific maximum rate.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.154. BONDS AND OTHER OBLIGATIONS; MUNICIPAL APPROVAL.
(a) The district may issue by competitive bid or negotiated sale
bonds, notes, or other obligations payable wholly or partly from
ad valorem taxes 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,
certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
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 net proceeds the district
receives from any other district revenue.
(d) District bonds payable by ad valorem taxes may not be issued
unless the bonds and the taxes are approved by:
(1) the governing body of the city; and
(2) a majority of the district voters voting in an election
called for that purpose.
(e) The city is not obligated to pay, repay, or guarantee any
bonds, notes, or other obligations of the district unless the
city dissolves the district under Subchapter E.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.155. BOND MATURITY. Bonds may mature not more than 40
years from their date of issue.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
Sec. 3851.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a) 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 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.
(b) 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 voters
in the district voting at an election held for that purpose.
(c) The district shall hold an election required by this section
in the manner provided by Subchapter L, Chapter 375, Local
Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. DISSOLUTION
Sec. 3851.201. DISSOLUTION. (a) The city by ordinance adopted
by a two-thirds majority vote of its governing body may dissolve
the district.
(b) The city may not dissolve the district until the district's
outstanding indebtedness or contractual obligations payable from
ad valorem taxes have been repaid or discharged.
(c) After the city dissolves the district, the city assumes the
obligations of the district, including any bonds or other
indebtedness payable from assessments or other district revenue.
(d) If the city dissolves the district, the board shall transfer
ownership of all district property to the city.
Added by Acts 2007, 80th Leg., R.S., Ch.
794, Sec. 1, eff. June 15, 2007.
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