Title SD, Special District Local Laws Code

Sec. 3982.0505. TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or par…

Sec. 3982.0506. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the dis…

Sec. 3982.0601. APPLICABILITY OF CERTAIN TAX CODE PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, computation, administration, enforcement, and collection of the sales and use tax authorized by this subchapter except to the extent Chapter 321, Tax Code, is inconsis…

Sec. 3982.0602. ELECTION; ADOPTION OF TAX. (a) The district may adopt a sales and use tax if authorized by a majority of the voters of the district voting at an election held for that purpose. (b) The board by order may call an election to authorize the adoption of the sales and …

Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after the date the results are declared of an election held under Section 3982.0602, at which the voters approved imposition of the tax authorized by this subchapter, the board shall determine and adopt by resolution or order the …

Sec. 3982.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This section applies to the district after a municipality annexes part of the territory in the district and imposes the municipality's sales and use tax in the annexed territory. (b) If at the time of annexation the district has…

Sec. 3982.0605. NOTIFICATION OF RATE CHANGE. The board shall notify the comptroller of any changes made to the tax rate under this subchapter in the same manner the municipal secretary provides notice to the comptroller under Section 321.405(b), Tax Code. Added by Acts 2019, 86th…

Sec. 3982.0606. USE OF REVENUE. Revenue from the sales and use tax imposed under this subchapter is for the use and benefit of the district and may be used for any district purpose. The district may pledge all or part of the revenue to the payment of bonds, notes, or other obliga…

Sec. 3982.0607. ABOLITION OF TAX. (a) Except as provided by Subsection (b), the board may abolish the tax imposed under this subchapter without an election. (b) The board may not abolish the tax imposed under this subchapter if the district has outstanding debt secured by the tax…

Sec. 3982.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY. The district may define areas or designate certain property of the district to pay for improvements, facilities, or services that primarily benefit that area or property and do not generally and directly…

Sec. 3982.0702. PROCEDURE FOR ELECTION. (a) Before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes of the defined area or designated property, the board shall hold an election in the defined area or in the designated property only. (b) The b…

Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER. (a) If a majority of the voters voting at the election approve the proposition or propositions, the board shall declare the results and, by order, shall establish the defined area and describe it by metes and bounds or designate…

Sec. 3982.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and adoption of the order described by Section 3982.0703, the district may apply separately, differently, equitably, and specifically its taxing power and l…

Sec. 3982.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under Section 3982.0703 is adopted, the district may issue bonds to provide for any land, improvements, facilities, plants, equipment, and appliances for the defined area or designated prop…

Sec. 3982.0706. ADDITION OR EXCLUSION OF LAND IN DEFINED AREA. The district may add or exclude land from the defined areas in the same manner the district may add or exclude land from the district. Added by Acts 2019, 86th Leg., R.S., Ch. 1006 (H.B. 4661), Sec. 1, eff. September …

Sec. 3983.0101. DEFINITIONS. In this chapter: (1) "Board" means the district's board of directors. (2) "City" means the City of Dallas. (3) "Director" means a board member. (4) "District" means the Oak Farms Municipal Management District. (5) "Exempt property" means property owne…

Sec. 3983.0102. NATURE OF DISTRICT. The Oak Farms Municipal Management District is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019.

Sec. 3983.0103. 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. (b) By creating the di…

Sec. 3983.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 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…

Sec. 3983.0105. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the…

Sec. 3983.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in: (1) a tax increment reinvestment zone created under Chapter 311, Tax Code; or (2) a tax abatement reinvestment zone created under Chapter 312, Ta…

Sec. 3983.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019.

Sec. 3983.0108. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3983.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors who serve staggered terms of four years. (b) Directors are elected in the manner provided by Subchapter D, Chapter 49, Water Code. (c) The board may not create an executive co…

Sec. 3983.0202. EX OFFICIO DIRECTORS. (a) The city manager, city auditor, and city attorney serve as nonvoting ex officio directors. (b) The city manager, city auditor, or city attorney may appoint a designee to serve as an ex officio director in place of that person. (c) An ex o…

Sec. 3983.0203. MEETINGS; NOTICE. (a) The board shall hold meetings at a place accessible to the public. (b) The board must post notice of each meeting with the city secretary not later than 72 hours before the scheduled time of the meeting. Added by Acts 2019, 86th Leg., R.S., C…

Sec. 3983.0204. COMPENSATION; EXPENSES. (a) The district may compensate each voting director in an amount not to exceed $150 for each board meeting. The total amount of compensation for each director in one year may not exceed $7,200. (b) An ex officio director is not entitled to…

Sec. 3983.0205. INITIAL DIRECTORS. (a) The initial board consists of the following directors: (b) Of the initial directors, the terms of directors appointed for positions one through three expire June 1, 2021, and the terms of directors appointed for positions four and five expir…

Sec. 3983.0301. GENERAL POWERS AND DUTIES. (a) The district has the powers and duties necessary to accomplish the purposes for which the district is created. (b) The board may not take any action or exercise any power granted under this chapter other than to hold an initial organ…

Sec. 3983.03011. DEVELOPMENT AGREEMENT. (a) The city, the district, and any other entities the city determines are necessary to the agreement may execute a development agreement if approved by the city. (b) This chapter expires on the fourth anniversary of the effective date of t…

Sec. 3983.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapte…

Sec. 3983.0303. NONPROFIT CORPORATION. (a) The board by resolution, with the consent of the governing body of the city by resolution, may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authoriz…

Sec. 3983.0304. LAW ENFORCEMENT SERVICES. To protect the public interest, with the consent of the governing body of the city by resolution, the district may contract with a qualified party, including the city, to provide law enforcement services in the district for a fee. Added b…

Sec. 3983.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district, with the consent of the governing body of the city by resolution, may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance …

Sec. 3983.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district, with the consent of the governing body of the city by resolution, may engage in activities that accomplish the economic development purposes of the district. (b) The district may establish and provide for the admini…

Sec. 3983.0307. 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 …

Sec. 3983.0308. ADDING OR EXCLUDING LAND. The district, with the consent of the governing body of the city by resolution, may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. Added by Acts 2019, 86th L…

Sec. 3983.0309. 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 district money. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. Ju…

Sec. 3983.0310. EXEMPT PROPERTY. The district may not impose an assessment, fee, tax, or other charge on an exempt property. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019.

Sec. 3983.0311. NO AD VALOREM TAXATION. The district may not impose an ad valorem tax. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019.

Sec. 3983.0312. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Added by Acts 2019, 86th Leg., R.S., Ch. 475 (H.B. 4733), Sec. 1, eff. June 7, 2019. SUBCHAPTER D. ASSESSMENTS

Sec. 3983.0401. 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 …

Sec. 3983.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district. (b) An assessment, a reassessment, or an assessment resulting from an addition to or…

Sec. 3983.0501. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board. (b) The district may issue bonds, notes, or other obligations payable wholly or partly from assessments, impact fees, revenue, c…

Sec. 3983.0502. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by: (1) revenue, including contract revenues; or (2) contract payments, provided that the requirements of Section 49.108, Water Code, have been met. Added by …

Sec. 3983.0503. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT UNDER AGREEMENT. If an improvement will be financed by an obligation and the obligation will be secured by the pledge of assessments, the district must enter into an agreement, which may be the development agreement, gov…