For contingent expiration of this chapter, see Section 3918.004.

SUBCHAPTER A. GENERAL PROVISIONS

  1. Sec. 3918.001. DEFINITIONS. In this chapter:
    1. (1) "Board" means the district's board of directors.
    2. (2) "City" means the City of Aubrey.
    3. (3) "County" means Denton County.
    4. (4) "Director" means a board member.
    5. (5) "District" means the Comanche Municipal Management District No. 1.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.002. NATURE OF DISTRICT. The Comanche Municipal Management District No. 1 is a special district created under Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED. The initial directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.004. CITY CONSENT AND DEVELOPMENT AGREEMENT EXECUTION REQUIRED. (a) The initial directors may not hold an election under Section 3918.003 until the city has:
    1. (1) consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district; and
    2. (2) entered into a development agreement with the owners of the real property in the district under Section 212.172, Local Government Code.
  2. (b) The district is dissolved and this chapter expires September 1, 2017, if:
    1. (1) the city has not consented to the creation of the district and to the inclusion of land in the district under Subsection (a)(1) before that date; or
    2. (2) the development agreement described by Subsection (a)(2) is not entered into before that date.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.005. PURPOSE; DECLARATION OF INTENT. (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 or 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 city and county services provided in the district.
  4. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.006. 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 further the public purposes of:
    1. (1) developing and diversifying the economy of the state;
    2. (2) eliminating unemployment and underemployment; and
    3. (3) developing or expanding 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, 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.007. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
  2. (b) The boundaries and field notes of the district 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 borrow money or issue any type of bonds or other obligations described by Section 3918.203 for a purpose for which the district is created or to pay the principal of and interest on the bonds or other obligations;
    3. (3) right to impose or collect an assessment or collect other revenue;
    4. (4) legality or operation; or
    5. (5) right to contract.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. (a) All or any part of the area of the district that is not in the city's corporate limits is eligible to be included in:
    1. (1) a tax increment reinvestment zone created under Chapter 311, Tax Code;
    2. (2) a tax abatement reinvestment zone created under Chapter 312, Tax Code;
    3. (3) an enterprise zone created under Chapter 2303, Government Code; or
    4. (4) an industrial district created under Chapter 42, Local Government Code.
  2. (b) If the city creates a tax increment reinvestment zone described by Subsection (a), the city and the board of directors of the zone, by contract with the district, may grant money deposited in the tax increment fund to the district to be used by the district for:
    1. (1) the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code; and
    2. (2) any other district purpose, including the right to pledge the money as security for any bonds or other obligations issued by the district under Section 3918.203.
  3. (c) All or any part of the area of the district that is within the city's corporate limits 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.
  4. (d) If the city creates a tax increment reinvestment zone described by Subsection (c)(1), the city and the board of directors of the zone, by contract, may allocate money deposited in the tax increment fund between the city and the district to be used by the city and the district for:
    1. (1) the purposes permitted for money granted to a corporation under Section 380.002(b), Local Government Code;
    2. (2) any other district purpose, including the right to pledge the money as security for any bonds or other obligations issued by the district under Section 3918.203; and
    3. (3) funding services provided by the city to the area in the district.
  5. (e) 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.
  6. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.009. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.010. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

SUBCHAPTER B. BOARD OF DIRECTORS

  1. Sec. 3918.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
  2. (b) Except as provided by Section 3918.052, directors serve staggered four-year terms, with two or three directors' terms expiring June 1 of each odd-numbered year.
  3. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.052. INITIAL DIRECTORS. (a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal rolls for the county may submit a petition to the city requesting that the city appoint as initial directors the five persons named in the petition. The city shall appoint as initial directors the five persons named in the petition.
  2. (b) Initial directors serve until the earlier of:
    1. (1) the date permanent directors are elected under Section 3918.003; or
    2. (2) the fourth anniversary of the effective date of the Act enacting this chapter.
  3. (c) If permanent directors have not been elected under Section 3918.003 and the terms of the initial directors have expired, successor initial directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
    1. (1) the date permanent directors are elected under Section 3918.003; or
    2. (2) the fourth anniversary of the date of the appointment or reappointment.
  4. (d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district according to the most recent certified tax appraisal rolls for the county may submit a petition to the city requesting that the city appoint as successor initial directors the five persons named in the petition. The city shall appoint as successor initial directors the five persons named in the petition.
  5. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

SUBCHAPTER C. POWERS AND DUTIES

  1. Sec. 3918.101. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.102. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.103. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.104. 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 Chapter 441, Transportation Code.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.105. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.106. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.107. EMERGENCY SERVICES. (a) This section applies only to territory in the district:
    1. (1) that is in the extraterritorial jurisdiction of the city;
    2. (2) for which a plat has been filed; and
    3. (3) that includes 100 or more residents.
  2. (b) To protect the public interest, the district shall provide or contract with a qualified party to provide emergency services, including law enforcement, fire, and ambulance services, in the territory described by Subsection (a).
  3. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.108. NO TOLL ROADS. The district may not construct, acquire, maintain, or operate a toll road.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.109. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

SUBCHAPTER C-1. IMPROVEMENT PROJECTS AND SERVICES

  1. Sec. 3918.151. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using any 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.152. BOARD DETERMINATION REQUIRED. The district may not undertake an improvement project unless the board determines the project:
    1. (1) is necessary to accomplish a public purpose of the district; and
    2. (2) complies with the development agreement entered into under Section 3918.004(a)(2) or the parties to that development agreement agree to the project, in writing.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.153. LOCATION OF IMPROVEMENT PROJECT. An improvement project may be inside or outside the district.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.154. CITY REQUIREMENTS. (a) An improvement project in the corporate limits of the city must comply with any applicable requirements of the city, including codes and ordinances, that are consistent with the development agreement entered into under Section 3918.004(a)(2).
  2. (b) The district may not provide, conduct, or authorize any improvement project on the city's streets, highways, rights-of-way, or easements without the consent of the governing body of the city.
  3. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.155. 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; or
    2. (2) Chapter 375, Local Government Code.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

  1. Sec. 3918.201. 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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. The district may undertake and provide an improvement project or service authorized by this chapter using any money available to the district.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.203. BORROWING MONEY; OBLIGATIONS. (a) The district may borrow money for a district purpose without holding an election by issuing bonds, notes, time warrants, or other obligations, or by entering into a contract or other agreement payable wholly or partly from an assessment, a contract payment, a grant, revenue from a zone created under Chapter 311 or 312, Tax Code, other district revenue, or a combination of these sources.
  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 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.204. ASSESSMENTS. (a) Except as provided by Subsection (b), the district may impose an assessment on property in the district to pay for an obligation described by Section 3918.203 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.
  2. (b) The district may not impose an assessment on a municipality, county, or other political subdivision.
  3. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.205. NOTICE OF ASSESSMENTS. (a) The board shall annually file written notice with the secretary of the city that specifies the assessments the district will impose in the district's next fiscal year in sufficient clarity to describe the assessments for the operation and maintenance of the district and the assessments for the payment of debt service of obligations issued or incurred by the district.
  2. (b) The board shall annually record in the deed records of the county a current assessment roll approved by the governing body of the city.
  3. (c) The assessment roll must clearly state that the assessments in the assessment roll are in addition to the ad valorem taxes imposed by other taxing units that tax real property in the district.
  4. (d) The district shall generate and implement a program to provide notification to a prospective purchaser of property in the district of the assessments that have been approved and are imposed by the district.
  5. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.206. RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to the district.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.207. NO IMPACT FEES. The district may not impose an impact fee.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.208. NO AD VALOREM TAX. The district may not impose an ad valorem tax.
  2. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

SUBCHAPTER E. DISSOLUTION

  1. Sec. 3918.251. DISSOLUTION BY CITY. (a) The city may dissolve the district by ordinance after the city annexes the district.
  2. (b) Notwithstanding Subsection (a), the city may not dissolve the district until:
    1. (1) the district's outstanding debt or contractual obligations have been repaid or discharged; or
    2. (2) the city agrees to succeed to the rights and obligations of the district.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from assessments or other revenue, the city succeeds to the rights and obligations of the district regarding enforcement and collection of the assessments or other revenue.
  2. (b) The city shall have and exercise all district powers to enforce and collect the assessments or other revenue to pay:
    1. (1) the bonds or other obligations when due and payable according to their terms; or
    2. (2) special revenue or assessment bonds or other obligations issued by the city to refund the outstanding bonds or obligations of the district.
    Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.
  1. Sec. 3918.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) After the city dissolves the district, the city assumes the obligations of the district, including any bonds or other debt payable from assessments or other district revenue.
  2. (b) If the city dissolves the district, the board shall transfer ownership of all district property to the city.
  3. Added by Acts 2013, 83rd Leg., R.S., Ch. 1308 (H.B. 3914), Sec. 1, eff. September 1, 2013.

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