State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3866-kennedale-towncenter-development-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3866.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means Kennedale TownCenter Development District.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a) Kennedale
TownCenter Development District is created as a special district
under Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation
of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety,
employment, commerce, housing, tourism, recreation, the arts,
entertainment, economic development, and the public welfare in
the area of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.004. BOUNDARIES. The district includes all the
territory contained in the following described area:
Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail
Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb
Subdivision; and Municipal Drive from Third Street to Kennedale
Parkway (US Business Highway 287).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.005. 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 creation of the district is in the public interest and
is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and enhance
the economic health and vitality of the district as a community;
and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.006. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 3866.022.
Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) John Clark
(2) Jerry Miller
(3) Robert Mundy
(4) Bryan Lankhorst
(5) Beverly Hayes
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on January 1, 2011, and
the terms of the last two directors named in Subsection (a)
expire on January 1, 2010. Bob Hart shall serve as the ex
officio nonvoting member for a term to be specified by the
governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires January 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five voting directors appointed under
Section 3866.052 who serve staggered two-year terms.
(b) The governing body of the City of Kennedale may appoint one
nonvoting director to serve a term prescribed by the governing
body. The nonvoting director must be an employee of the City of
Kennedale and shall serve as an ex officio member in an advisory
capacity to provide assistance on matters in the district that
involve the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The governing
body of the City of Kennedale shall appoint directors to the
board.
(b) Sections 375.063, Local Government Code, and 49.052, Water
Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the board
serve at the pleasure of the governing body of the City of
Kennedale. The governing body may remove any board member by
majority vote.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.054. VACANCIES. A vacancy on the board shall be
filled by the governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided by
Chapter 171, Local Government Code, a director may participate in
all board votes and decisions.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.056. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3866.101. POWERS OF DISTRICT. The district has all powers
provided by the general laws on road districts and road utility
districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.102. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental function
or service for the purposes of Chapter 791, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To
protect the public interest, the district may contract with a
municipality or county to provide law enforcement services in the
district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3866.151. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value of more than $25,000.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad
valorem tax, assessment, or impact fee and use the proceeds of
the tax, assessment, or impact fee for:
(1) any district purpose, including the payment of debt or other
contractual obligations; or
(2) the payment of maintenance and operating expenses.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters
49 and 54, Water Code, to obtain voter approval before the
district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) If the district obtains the written consent of all property
owners in the district to impose a maintenance tax or issue bonds
payable from ad valorem taxes or assessments, the district is
exempt from the election requirement under Subsection (a) and may
cancel an election called under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.154. MAINTENANCE TAX. (a) The district may impose an
annual ad valorem tax on taxable property in the district for any
district purpose, including to:
(1) maintain and operate the district, including improvements
constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.155. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by
this chapter.
(b) An assessment, a reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) are the personal liability of and charge against the owners
of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.156. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this
chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) A petition requesting a project financed by assessment must
be signed by the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for the county in
which the property is located.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.157. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue bonds or other obligations payable wholly or partly
from ad valorem taxes, assessments, impact fees, revenue, grants,
or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the
district.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
district must obtain the approval of the governing body of the
City of Kennedale for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement project
financed by the bonds; and
(3) the plans and specifications of a district improvement
project related to the use of land owned by the City of
Kennedale, an easement granted by the City of Kennedale, or a
right-of-way of a street, road, or highway.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER E. DISSOLUTION
Sec. 3866.201. DISSOLUTION. (a) The district may be dissolved
by:
(1) the governing body of the City of Kennedale on a vote of not
less than two-thirds of its membership and adoption of an
ordinance dissolving the district; or
(2) majority vote of the board of directors.
(b) Section 375.264, Local Government Code, does not apply to
the district.
(c) If the district has debt when it is dissolved, the district
shall remain in existence solely for the purpose of discharging
its debts. The dissolution is effective when all debts have been
discharged.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
State Codes and Statutes
Statutes > Texas > Special-district-local-laws-code > Title-4-development-and-improvement > Chapter-3866-kennedale-towncenter-development-district
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3866.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means Kennedale TownCenter Development District.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a) Kennedale
TownCenter Development District is created as a special district
under Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation
of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety,
employment, commerce, housing, tourism, recreation, the arts,
entertainment, economic development, and the public welfare in
the area of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.004. BOUNDARIES. The district includes all the
territory contained in the following described area:
Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail
Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb
Subdivision; and Municipal Drive from Third Street to Kennedale
Parkway (US Business Highway 287).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.005. 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 creation of the district is in the public interest and
is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and enhance
the economic health and vitality of the district as a community;
and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.006. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 3866.022.
Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) John Clark
(2) Jerry Miller
(3) Robert Mundy
(4) Bryan Lankhorst
(5) Beverly Hayes
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on January 1, 2011, and
the terms of the last two directors named in Subsection (a)
expire on January 1, 2010. Bob Hart shall serve as the ex
officio nonvoting member for a term to be specified by the
governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires January 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five voting directors appointed under
Section 3866.052 who serve staggered two-year terms.
(b) The governing body of the City of Kennedale may appoint one
nonvoting director to serve a term prescribed by the governing
body. The nonvoting director must be an employee of the City of
Kennedale and shall serve as an ex officio member in an advisory
capacity to provide assistance on matters in the district that
involve the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The governing
body of the City of Kennedale shall appoint directors to the
board.
(b) Sections 375.063, Local Government Code, and 49.052, Water
Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the board
serve at the pleasure of the governing body of the City of
Kennedale. The governing body may remove any board member by
majority vote.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.054. VACANCIES. A vacancy on the board shall be
filled by the governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided by
Chapter 171, Local Government Code, a director may participate in
all board votes and decisions.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.056. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3866.101. POWERS OF DISTRICT. The district has all powers
provided by the general laws on road districts and road utility
districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.102. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental function
or service for the purposes of Chapter 791, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To
protect the public interest, the district may contract with a
municipality or county to provide law enforcement services in the
district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3866.151. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value of more than $25,000.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad
valorem tax, assessment, or impact fee and use the proceeds of
the tax, assessment, or impact fee for:
(1) any district purpose, including the payment of debt or other
contractual obligations; or
(2) the payment of maintenance and operating expenses.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters
49 and 54, Water Code, to obtain voter approval before the
district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) If the district obtains the written consent of all property
owners in the district to impose a maintenance tax or issue bonds
payable from ad valorem taxes or assessments, the district is
exempt from the election requirement under Subsection (a) and may
cancel an election called under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.154. MAINTENANCE TAX. (a) The district may impose an
annual ad valorem tax on taxable property in the district for any
district purpose, including to:
(1) maintain and operate the district, including improvements
constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.155. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by
this chapter.
(b) An assessment, a reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) are the personal liability of and charge against the owners
of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.156. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this
chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) A petition requesting a project financed by assessment must
be signed by the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for the county in
which the property is located.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.157. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue bonds or other obligations payable wholly or partly
from ad valorem taxes, assessments, impact fees, revenue, grants,
or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the
district.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
district must obtain the approval of the governing body of the
City of Kennedale for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement project
financed by the bonds; and
(3) the plans and specifications of a district improvement
project related to the use of land owned by the City of
Kennedale, an easement granted by the City of Kennedale, or a
right-of-way of a street, road, or highway.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER E. DISSOLUTION
Sec. 3866.201. DISSOLUTION. (a) The district may be dissolved
by:
(1) the governing body of the City of Kennedale on a vote of not
less than two-thirds of its membership and adoption of an
ordinance dissolving the district; or
(2) majority vote of the board of directors.
(b) Section 375.264, Local Government Code, does not apply to
the district.
(c) If the district has debt when it is dissolved, the district
shall remain in existence solely for the purpose of discharging
its debts. The dissolution is effective when all debts have been
discharged.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
State Codes and Statutes
Statutes >
Texas >
Special-district-local-laws-code >
Title-4-development-and-improvement >
Chapter-3866-kennedale-towncenter-development-district SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3866.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means Kennedale TownCenter Development District.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a) Kennedale
TownCenter Development District is created as a special district
under Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation
of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety,
employment, commerce, housing, tourism, recreation, the arts,
entertainment, economic development, and the public welfare in
the area of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.004. BOUNDARIES. The district includes all the
territory contained in the following described area:
Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail
Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb
Subdivision; and Municipal Drive from Third Street to Kennedale
Parkway (US Business Highway 287).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.005. 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 creation of the district is in the public interest and
is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and enhance
the economic health and vitality of the district as a community;
and
(3) promote the health, safety, welfare, and enjoyment of the
public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at grade
or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) The district will not act as the agent or instrumentality of
any private interest even though the district will benefit many
private interests as well as the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.006. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 3866.022.
Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) John Clark
(2) Jerry Miller
(3) Robert Mundy
(4) Bryan Lankhorst
(5) Beverly Hayes
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on January 1, 2011, and
the terms of the last two directors named in Subsection (a)
expire on January 1, 2010. Bob Hart shall serve as the ex
officio nonvoting member for a term to be specified by the
governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires January 1, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five voting directors appointed under
Section 3866.052 who serve staggered two-year terms.
(b) The governing body of the City of Kennedale may appoint one
nonvoting director to serve a term prescribed by the governing
body. The nonvoting director must be an employee of the City of
Kennedale and shall serve as an ex officio member in an advisory
capacity to provide assistance on matters in the district that
involve the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The governing
body of the City of Kennedale shall appoint directors to the
board.
(b) Sections 375.063, Local Government Code, and 49.052, Water
Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the board
serve at the pleasure of the governing body of the City of
Kennedale. The governing body may remove any board member by
majority vote.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.054. VACANCIES. A vacancy on the board shall be
filled by the governing body of the City of Kennedale.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided by
Chapter 171, Local Government Code, a director may participate in
all board votes and decisions.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.056. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3866.101. POWERS OF DISTRICT. The district has all powers
provided by the general laws on road districts and road utility
districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.102. AGREEMENTS; GRANTS. (a) The district may make
an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental function
or service for the purposes of Chapter 791, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To
protect the public interest, the district may contract with a
municipality or county to provide law enforcement services in the
district for a fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3866.151. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value of more than $25,000.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad
valorem tax, assessment, or impact fee and use the proceeds of
the tax, assessment, or impact fee for:
(1) any district purpose, including the payment of debt or other
contractual obligations; or
(2) the payment of maintenance and operating expenses.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters
49 and 54, Water Code, to obtain voter approval before the
district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) If the district obtains the written consent of all property
owners in the district to impose a maintenance tax or issue bonds
payable from ad valorem taxes or assessments, the district is
exempt from the election requirement under Subsection (a) and may
cancel an election called under Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.154. MAINTENANCE TAX. (a) The district may impose an
annual ad valorem tax on taxable property in the district for any
district purpose, including to:
(1) maintain and operate the district, including improvements
constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.155. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by
this chapter.
(b) An assessment, a reassessment, or an assessment resulting
from an addition to or correction of the assessment roll by the
district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property assessed;
(2) are superior to any other lien or claim other than a lien or
claim for county, school district, or municipal ad valorem taxes;
and
(3) are the personal liability of and charge against the owners
of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.156. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this
chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) A petition requesting a project financed by assessment must
be signed by the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for the county in
which the property is located.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.157. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue bonds or other obligations payable wholly or partly
from ad valorem taxes, assessments, impact fees, revenue, grants,
or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the
district.
(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.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
district must obtain the approval of the governing body of the
City of Kennedale for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement project
financed by the bonds; and
(3) the plans and specifications of a district improvement
project related to the use of land owned by the City of
Kennedale, an easement granted by the City of Kennedale, or a
right-of-way of a street, road, or highway.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
SUBCHAPTER E. DISSOLUTION
Sec. 3866.201. DISSOLUTION. (a) The district may be dissolved
by:
(1) the governing body of the City of Kennedale on a vote of not
less than two-thirds of its membership and adoption of an
ordinance dissolving the district; or
(2) majority vote of the board of directors.
(b) Section 375.264, Local Government Code, does not apply to
the district.
(c) If the district has debt when it is dissolved, the district
shall remain in existence solely for the purpose of discharging
its debts. The dissolution is effective when all debts have been
discharged.
Added by Acts 2009, 81st Leg., R.S., Ch.
172, Sec. 1, eff. May 27, 2009.
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