For contingent expiration of this chapter, see Section 3907.002.

SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 3907.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the district's board of directors.
    2. (2) "City" means the City of Midlothian, Texas.
    3. (3) "Development agreement" means a development agreement between the city and One Windsor Hills, L.P., that establishes the standards that apply to development in the district, in addition to those contained in zoning, subdivision, and other applicable ordinances of the city.
    4. (4) "Director" means a board member.
    5. (5) "District" means the Windsor Hills Municipal Management District No. 1.
    6. (6) "Finance plan" means a finance plan between the city and the district that includes a general description of improvement projects or services that will be financed by the district, an estimate of the costs for the improvement projects or services, an estimate of the amount of the costs for the improvement projects or services that the district will pay directly or that will be reimbursed to the developer, and the means of financing costs related to the planning, design, construction, improvement, maintenance, and operation of the improvement projects or services.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.002. PRECONDITION; EXPIRATION. (a) The district may not exercise any powers under this chapter until the development agreement is executed.
  2. (b) This chapter, including Section 3907.061, expires September 1, 2012, if the development agreement and finance plan are not executed by that date.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.003. CREATION AND NATURE OF DISTRICT. The district is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.004. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing 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.
  2. (b) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
  3. (c) This chapter and the creation of the district may not be interpreted to relieve the city from providing the level of services provided to the area in the district as of the effective date of the Act enacting this chapter. The district is created to supplement and not to supplant the city services provided in the district.
  4. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit.
  2. (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.
  3. (c) The district is created to accomplish the purposes of a municipal management district as provided by general law and Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
  4. (d) The creation of the district is in the public interest and is essential to:
    1. (1) further the public purposes of developing and diversifying the economy of the state;
    2. (2) eliminate unemployment and underemployment; and
    3. (3) develop or expand transportation and commerce.
  5. (e) The district will:
    1. (1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
    2. (2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; and
    3. (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.
  6. (f) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
  7. (g) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
  8. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.006. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under other law.
  2. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:
    1. (1) organization, existence, or validity;
    2. (2) right to contract;
    3. (3) authority to borrow money or issue bonds or other obligations described by Section 3907.201 or to pay the principal and interest of the bonds or other obligations;
    4. (4) right to impose or collect an assessment, or collect other revenue; or
    5. (5) legality or operation.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) All or any part of the area of the district is eligible to be included in:
    1. (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; or
    2. (2) a tax abatement reinvestment zone created under Chapter 312, Tax Code.
  2. (b) A tax increment reinvestment zone created by the city in the district is not subject to the limitations provided by Section 311.006, Tax Code.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

  1. Sec. 3907.051. GOVERNING BODY; TERMS. The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring May 31 of each even-numbered year.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.052. QUALIFICATIONS. (a) To be qualified to serve as a director appointed by the governing body of the city, a person must be:
    1. (1) a resident of the city who is also a registered voter of the city;
    2. (2) an owner of property in the district; or
    3. (3) an agent, employee, or tenant of a person described by Subdivision (2).
  2. (b) Section 49.052, Water Code, does not apply to the district.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.053. APPOINTMENT OF DIRECTORS. The governing body of the city shall appoint directors.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.054. EX OFFICIO DIRECTORS. (a) The following persons serve ex officio as nonvoting directors:
    1. (1) the city manager of the city; and
    2. (2) the chief financial officer of the city.
  2. (b) An ex officio director is entitled to speak on a matter before the board.
  3. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.055. VACANCY. The governing body of the city shall fill a vacancy on the board by appointing a person who meets the qualifications prescribed by Section 3907.052.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.056. DIRECTOR'S OATH OR AFFIRMATION. A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.057. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.058. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $75 for each board meeting. The total amount of compensation for each director in a calendar year may not exceed $3,000.
  2. (b) The governing body of the city, by resolution or ordinance, may increase:
    1. (1) the compensation for each director to an amount not to exceed $150 for each board meeting; and
    2. (2) the total compensation for each director to an amount not to exceed $6,000 in a calendar year.
  3. (c) A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.
  4. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.059. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to:
    1. (1) actions taken by the director in the director's capacity as a member of the board;
    2. (2) actions and activities taken by the district; or
    3. (3) the actions of others acting on behalf of the district.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.060. BOARD MEETINGS. The board shall hold meetings at a place accessible to the public.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

  1. Sec. 3907.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.102. IMPROVEMENT PROJECTS. The district may provide, or it may enter into contracts with a governmental or private entity to provide, the improvement projects described by Subchapter C-1 or activities in support of or incidental to those projects.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.103. WATER DISTRICT POWERS. The district has the powers provided by the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.104. ROAD DISTRICT POWERS. The district has the powers provided by the general laws relating to road districts and road utility districts created under Section 52(b), Article III, Texas Constitution, including Chapters 365 and 441, Transportation Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.105. PUBLIC IMPROVEMENT DISTRICT POWERS. The district has the powers provided by Chapter 372, Local Government Code, to a municipality or county.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.106. MUNICIPAL MANAGEMENT DISTRICT POWERS. The district has the powers provided by Chapter 375, Local Government Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.107. CONTRACT POWERS. The district may contract with a governmental or private entity, on terms determined by the board, to carry out a power or duty authorized by this chapter or to accomplish a purpose for which the district is created.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.108. PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.
  2. (b) The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.
  3. (c) The district's parking facilities are necessary components of a street and are considered to be a street or road improvement.
  4. (d) The development and operation of the district's parking facilities may be considered an economic development program.
  5. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.109. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.110. NO TOLL ROADS. The district may not construct, acquire, maintain, or operate a toll road.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES

  1. Sec. 3907.151. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using money available to the district, or contract with a governmental or private entity to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.152. BOARD DETERMINATION REQUIRED. The district may not undertake an improvement project or service unless the board determines the project or service:
    1. (1) is necessary to accomplish a public purpose of the district; and
    2. (2) complies with the development agreement or the parties to the development agreement agree to the project or service, in writing.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.153. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE AREA. The district may undertake an improvement project or service that confers a special benefit on a definable area in the district and levy and collect a special assessment on benefited property in the district in accordance with:
    1. (1) Chapter 372, Local Government Code;
    2. (2) Chapter 375, Local Government Code; or
    3. (3) both chapters.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.154. CONTRACTS. A contract to design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project is considered a contract for a good or service under Subchapter I, Chapter 271, Local Government Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

  1. Sec. 3907.201. BORROWING MONEY; OBLIGATIONS. (a) The district may borrow money for a district purpose by issuing bonds, notes, time warrants, or other obligations, or by entering into a contract payable wholly or partly from an assessment, a contract payment, a grant, district revenue, or a combination of these sources.
  2. (b) An obligation described by Subsection (a):
    1. (1) may bear interest at a rate determined by the board; and
    2. (2) may include a term or condition as determined by the board.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.202. COMPLIANCE WITH DEVELOPMENT AGREEMENT AND FINANCE PLAN. Before the district issues, enters into, or pays an obligation under Section 3907.201:
    1. (1) the obligation must be authorized by the finance plan; and
    2. (2) the city must provide written notice to the district that no party to the development agreement is in default as of the date the district is authorized to issue or enter into the obligation.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.203. ISSUER POWERS FOR CERTAIN PUBLIC IMPROVEMENTS. The district may exercise any power of an issuer under Chapter 1371, Government Code.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.204. ASSESSMENTS. The district may impose an assessment on property in the district to pay for an obligation described by Section 3907.201 in the manner provided for:
    1. (1) a district under Subchapters A, E, and F, Chapter 375, Local Government Code; or
    2. (2) a municipality or county under Subchapter A, Chapter 372, Local Government Code.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.205. TAX AND ASSESSMENT ABATEMENTS.The district may designate reinvestment zones and may grant abatements of a tax or assessment on property in the zones.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.206. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to the district.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.208. NO AD VALOREM TAX. The district may not impose an ad valorem tax.
  2. Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

SUBCHAPTER E. DISSOLUTION

  1. Sec. 3907.251. DISSOLUTION BY CITY ORDINANCE. (a) The governing body of the city may dissolve the district by ordinance.
  2. (b) The governing body may not dissolve the district until:
    1. (1) the district's outstanding debt or other obligations have been repaid, assumed, or discharged, including the defeasance of any outstanding bonds or other obligations through the issuance of debt by the city; and
    2. (2) each party to the development agreement and the finance plan fulfills the party's obligations under the agreement and the plan, including a district obligation to reimburse a developer or owner for the costs of an improvement project or service.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.
  1. Sec. 3907.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. If the governing body of the city dissolves the district and assumes the outstanding bonds or other obligations of the district secured by and payable from assessments or other revenue:
    1. (1) the city shall, in the same manner as the district, enforce and collect the assessments or other revenue to pay:
      1. (A) the bonds or other obligations when due and payable; or
      2. (B) special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations of the district; and
    2. (2) the board shall transfer ownership of all district property to the city.
    Added by Acts 2011, 82nd Leg., R.S., Ch. 858 (H.B. 3836), Sec. 1, eff. September 1, 2011.

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