Texas Special District Local Laws Code Title 4, Chapter 3911 - Midlothian Municipal Management District No. 2

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 3911.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Midlothian, Texas. (3) "County" means Ellis County, Texas....
• Texas Section 3911.002 - Precondition; Expiration
  (a) In this section, "finance plan" means a finance plan between the city and the district that includes a general description of improvement projects that...
• Texas Section 3911.003 - Creation And Nature Of District
  The district is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852),...
• Texas Section 3911.004 - 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...
• Texas Section 3911.005 - 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...
• Texas Section 3911.006 - Initial District Territory
  (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) A mistake in the field...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 3911.007 - Eligibility For Inclusion In Special Zones
  (a) All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created by...
• Texas Section 3911.051 - 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...
• Texas Section 3911.052 - Qualifications
  (a) To be qualified to serve as a director appointed by the governing body of the city, a person must be: (1) a resident of...
• Texas Section 3911.053 - Appointment Of Directors
  The governing body of the city shall appoint directors from a list of names recommended by a majority of the board. The governing body may...
• Texas Section 3911.054 - Ex Officio Directors
  (a) The following persons serve ex officio as nonvoting directors: (1) the city manager of the city; and (2) the chief financial officer of the...
• Texas Section 3911.055 - Vacancy
  The governing body of the city shall fill a vacancy on the board for the remainder of the unexpired term in the same manner as...
• Texas Section 3911.056 - 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...
• Texas Section 3911.057 - Officers
  The board shall elect from among the directors a chair, a vice chair, and a secretary. Added by Acts 2011, 82nd Leg., R.S., Ch. 587...
• Texas Section 3911.058 - 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...
• Texas Section 3911.059 - 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...
• Texas Section 3911.060 - Board Meetings
  The board shall hold meetings at a place accessible to the public. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1,...
• Texas Section 3911.061 - Conflicts Of Interest
  Chapter 171, Local Government Code, governs conflicts of interest of directors. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1, eff....

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 3911.062 - Initial Directors
  (a) The governing body of the city shall appoint the initial directors from a list of names recommended by the owners of a majority of...
• Texas Section 3911.101 - 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...
• Texas Section 3911.102 - 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...
• Texas Section 3911.103 - Road District Powers; Exception
  (a) Except as provided by Subsection (b), the district has the powers provided by the general laws relating to road districts and road utility districts...
• Texas Section 3911.104 - Public Improvement District Powers
  The district has the powers provided by Subchapter A, Chapter 372, Local Government Code, to a municipality or county. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3911.105 - Municipal Management District Powers
  The district has the powers provided by Chapter 375, Local Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1,...
• Texas Section 3911.106 - Rules; Enforcement
  (a) The district may adopt rules: (1) to administer or operate the district; or (2) for the use, enjoyment, availability, protection, security, and maintenance of...
• Texas Section 3911.107 - Notice Of Name Change
  The board shall give written notice of any name change to the city. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec....
• Texas Section 3911.108 - Terms Of Employment; Compensation
  The board may employ and establish the terms of employment and compensation of an executive director or general manager and any other district employees the...

SUBCHAPTER C-1 IMPROVEMENT PROJECTS

• Texas Section 3911.109 - No Eminent Domain Power
  The district may not exercise the power of eminent domain. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1, eff. June...
• Texas Section 3911.151 - Board Determination Required
  The district may not undertake an improvement project or service unless the board determines the project or service: (1) is necessary to accomplish a public...
• Texas Section 3911.152 - City Requirements
  (a) An improvement project must comply with any applicable city construction codes and construction ordinances. (b) The district may not provide, conduct, or authorize any...
• Texas Section 3911.153 - Additional City Powers Regarding Improvement Projects
  (a) Unless the district and the city agree otherwise, the city may: (1) by ordinance, order, or resolution require that title to all or any...
• Texas Section 3911.154 - Lake
  For the purposes of this subchapter, planning, design, construction, improvement, or maintenance of a lake includes work done for drainage, reclamation, or recreation. Added by...
• Texas Section 3911.155 - Water; Exception
  (a) Except as provided by Subsection (b), an improvement project may include a supply and distribution facility or system to provide potable and nonpotable water...
• Texas Section 3911.156 - Roads
  An improvement project may include a paved, macadamized, or graveled road or street inside and outside the district, to the full extent authorized by Section...
• Texas Section 3911.157 - Storm Water
  An improvement project may include protection and improvement of the quality of storm water that flows through the district. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3911.158 - Parking Or Heliport
  An improvement project may include the planning, design, construction, improvement, maintenance, and operation of an off-street parking facility or heliport. Added by Acts 2011, 82nd...
• Texas Section 3911.159 - Education And Culture
  An improvement project may include the planning and acquisition of: (1) public art and sculpture and related exhibits and facilities; or (2) an educational facility...
• Texas Section 3911.160 - Convention Center
  An improvement project may include the planning, design, construction, acquisition, lease, rental, improvement, maintenance, installation, and management of and provision of furnishings for a facility...
• Texas Section 3911.161 - Demolition
  An improvement project may include the removal, razing, demolition, or clearing of land or improvements in connection with an improvement project. Added by Acts 2011,...
• Texas Section 3911.162 - Mitigation Of Environmental Effects
  An improvement project may include the acquisition and improvement of land or other property for the mitigation of the environmental effects of an improvement project....
• Texas Section 3911.163 - Acquisition Of Property
  An improvement project may include the acquisition of property or an interest in property in connection with an improvement project, including a project authorized by...
• Texas Section 3911.164 - Special Or Supplemental Services
  An improvement project may include a special or supplemental service for the improvement and promotion of the district or an area adjacent to the district...
• Texas Section 3911.165 - Miscellaneous Design, Construction, And Maintenance
  An improvement project may include the planning, design, construction, improvement, and maintenance of: (1) highway right-of-way or transit corridor beautification and improvement; (2) a hiking...

SUBCHAPTER C-2 CONTRACTS

• Texas Section 3911.166 - Similar Improvement Projects
  An improvement project may include a public improvement, facility, or service similar to a project described by this subchapter. Added by Acts 2011, 82nd Leg.,...
• Texas Section 3911.201 - General Contract Powers
  The district may contract with any person to accomplish any district purpose. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1,...
• Texas Section 3911.202 - Contract Terms
  A contract the district enters into to carry out a purpose of this chapter may be on any terms and for any period the board...
• Texas Section 3911.203 - Reimbursement Of Costs
  The district may contract with any person for the payment, repayment, or reimbursement of costs incurred by that person on behalf of the district, including...
• Texas Section 3911.204 - Contract For Improvement Project
  (a) The district may contract with any person for the use, occupancy, lease, rental, operation, maintenance, or management of all or part of a proposed...
• Texas Section 3911.205 - No Further Contract Authorization Required
  Except as provided by Section 3911.206, any person, including the city, may contract with the district to carry out the purposes of this chapter without...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 3911.206 - City Approval Of Certain Contracts
  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...
• Texas Section 3911.251 - Development Agreement Required To Borrow Money Or Impose Taxes Or Assessments, Including Bonds
  Before the district may issue bonds, impose taxes or assessments, or borrow money, the district and the city must negotiate and execute a development agreement...
• Texas Section 3911.252 - Borrowing Money
  The district may borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by...
• Texas Section 3911.253 - General Powers Regarding Payment Of District Bonds, Obligations, Or Other Costs
  The district may provide or secure the payment or repayment of any bond, note, or other temporary or permanent obligation or reimbursement or other contract...
• Texas Section 3911.254 - Assessments
  (a) The district may impose an assessment on property in the district to pay the cost or the cost of maintenance of any authorized district...
• Texas Section 3911.255 - Impact Fees; Exemption
  (a) The district may impose an impact fee on property in the district, including an impact fee on residential or commercial property, only in the...
• Texas Section 3911.256 - Nonpotable Water User Charges; City Approval
  The district may establish user charges for the use of nonpotable water for irrigation purposes, subject to approval of the governing body of the city....
• Texas Section 3911.257 - Costs For Improvement Projects
  The district may undertake separately or jointly with other persons, including the city or county, all or part of the cost of an improvement project,...

SUBCHAPTER E TAXES AND BONDS

• Texas Section 3911.258 - Residential Property Not Exempt
  Section 375.161, Local Government Code, does not apply to the district. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec. 1, eff....
• Texas Section 3911.301 - Property Tax Authorized
  The district may impose an ad valorem tax on all taxable property in the district, including industrial, commercial, and residential property, to pay for an...
• Texas Section 3911.302 - 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 improvement projects,...
• Texas Section 3911.303 - Use Of Surplus Maintenance And Operation Money
  If the district has maintenance and operation tax money that is not needed for the purposes for which it was collected, the money may be...
• Texas Section 3911.304 - Tax Abatement
  The district may enter into a tax abatement agreement regarding the district's ad valorem taxes in accordance with the general laws of this state authorizing...
• Texas Section 3911.305 - Bonds And Other Obligations; Municipal Approval
  (a) The district by competitive bid or negotiated sale may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes or...
• Texas Section 3911.306 - Bond Maturity
  Bonds may mature not more than 40 years from their date of issue. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852), Sec....
• Texas Section 3911.307 - Taxes For Bonds And Other Obligations; Election
  (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...

SUBCHAPTER F DISSOLUTION

• Texas Section 3911.308 - Issuer Powers For Certain Public Improvements
  The district may exercise any power of an issuer under Chapter 1371, Government Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 587 (H.B. 3852),...
• Texas Section 3911.351 - Dissolution By City Ordinance
  (a) The city by ordinance may dissolve the district. (b) The city may not dissolve the district until the district's outstanding debt or contractual obligations...
• Texas Section 3911.352 - 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, other than ad valorem taxes,...
• Texas Section 3911.353 - 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...

Last modified: September 28, 2016