CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3873.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Forney.
(3) "Commissioners court" means the Commissioners Court of
Kaufman County.
(4) "County" means Kaufman County.
(5) "Director" means a board director.
(6) "District" means the Kaufman County Parks Improvement
District.
(7) "Park" includes any land, including any improvements to the
land, that is located in the district or owned or leased by the
city for use of the general public.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.002. NATURE OF DISTRICT. The Kaufman County Parks
Improvement District is a special district created under Section
59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.003. 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,
the county, 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.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(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 the city or county
services provided in the area in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.004. 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 developing and diversifying
the economy of the state; and
(2) preserve and conserve the natural resources of the state.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, potential employees, visitors,
and consumers in the district, and of the public;
(2) promote the health, safety, welfare, and enjoyment of the
public by landscaping, developing, maintaining, financing,
operating, and making capital improvements to parks in the
district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty;
(3) conserve the natural resources of the district; and
(4) cooperate with the city in the furtherance of common
purposes of the city and the district.
(e) 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.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.005. INITIAL DISTRICT TERRITORY. The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.006. 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;
(2) a tax abatement reinvestment zone created under Chapter 312,
Tax Code; or
(3) an enterprise zone created under Chapter 2303, Government
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.007. 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.
1202, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. CONFIRMATION OF CREATION OF DISTRICT
Sec. 3873.051. CONFIRMATION ELECTION. (a) The commissioners
court may order an election on the issue of confirming the
creation of a district:
(1) on the commissioners court's own motion; or
(2) after the filing of a written petition signed by a number of
the registered voters who reside in the area of the proposed
district equal to at least five percent of the votes received in
that area in the most recent gubernatorial general election.
(b) The petition or commissioners court's motion must include:
(1) the name of the district;
(2) an accurate description of the area included in the district
by any appropriate method, including by metes and bounds and by
public roads or rights-of-way; and
(3) an accurate plat of the area included in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.052. NOTICE OF HEARING. (a) If a petition is filed
under Section 3873.051(a)(2), the commissioners court shall set a
date for a hearing on the petition that is after the 20th day but
on or before the 40th day after the date the petition is filed.
(b) The commissioners court shall publish notice of the petition
and the hearing date in a newspaper of general circulation in the
county.
(c) The notice must be published once each week for a period of
two weeks before the hearing date.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.053. HEARING. (a) At the hearing, evidence shall be
taken as in civil cases in the county court. The commissioners
court shall hear all arguments for and against confirming the
creation of the district.
(b) The hearing may be adjourned from time to time on good cause
shown.
(c) The commissioners court shall grant the petition and order
the election on the issue of confirming the creation of the
district if the commissioners court finds that:
(1) the petition is signed by the required number of registered
voters;
(2) the district will serve the purposes prescribed by Sections
3873.003 and 3873.004; and
(3) the district includes any area within the boundaries of the
city.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.054. CONFIRMATION ELECTION. (a) The election shall
be held in the area of the proposed district on the date of the
first regularly scheduled countywide election that follows the
date of the order of the election and for which there is
sufficient time to comply with other requirements of law.
(b) The returns on the election shall be certified and canvassed
and the results declared, in the same manner as provided for
other county elections. If a majority of the votes received on
the issue favor creation of the district, the commissioners court
shall declare the creation of the district confirmed and shall
enter the results in its minutes at its next regularly scheduled
meeting.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.055. COSTS OF CREATION, CONFIRMATION, AND
ORGANIZATION. The costs necessarily incurred in the creation,
confirmation, and organization of the district may be paid from
the district's tax revenue or from revenue from bond anticipation
notes, the first revenue bonds issued by the district, or any
other source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 3873.101. GOVERNING BODY; TERMS. The district is governed
by a board of five directors who serve staggered terms of four
years, with two or three directors' terms expiring June 1 of each
odd-numbered year.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.102. ELECTION DATE. The board shall hold elections
for directors on the uniform election date in May in odd-numbered
years. The elections of the first directors under this section
shall be held on the first uniform election date in May that
occurs in the years in which initial directors' terms expire
under Section 3873.107.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.103. ELIGIBILITY. (a) A director must be a citizen of
the United States and must reside in the district.
(b) A director may not be an officer or employee of the county
or the city.
(c) A director may not serve more than four consecutive full
terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.104. VACANCY. If a vacancy occurs on the board, the
board shall appoint a person to fill the vacancy for the
remainder of the unexpired term.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.105. QUORUM. Three directors constitute a quorum of
the board. The board may act on the majority of the vote of the
assembled quorum.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.106. COMPENSATION AND REIMBURSEMENT. A director is
not entitled to compensation but is entitled to reimbursement for
necessary expenses, including travel expenses, incurred in
performing the duties of a director. If the amount of a
director's reimbursement for necessary expenses exceeds $250, the
board must approve the reimbursement.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.107. INITIAL VOTING DIRECTORS. (a) The initial board
consists of five voting directors who meet the eligibility
requirements described by Section 3873.103 and are appointed by
the commissioners court.
(b) Of the initial directors, the terms of directors appointed
for positions 1 through 3 expire June 1, 2011, and the terms of
directors appointed for positions 4 and 5 expire June 1, 2013.
(c) Section 3873.102 does not apply to this section.
(d) If permanent directors have not been elected under Section
3873.102 and the terms of the initial directors expire, the
commissioners court shall appoint successor initial directors to
serve four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 3873.151. DEPOSITORIES AND DISBURSEMENTS. (a) Money and
other funds belonging to or under control of the board are public
funds.
(b) The board shall select depositories for the money.
(c) A warrant or check for the withdrawal of money must be
signed by two persons authorized to sign a warrant or check by
resolution entered in the minutes of the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.152. PERSONNEL. (a) The board may employ managers,
secretaries, stenographers, bookkeepers, accountants, technical
experts, and any other support personnel or agents the board
considers necessary.
(b) The board shall determine the qualifications and set the
duties of employees.
(c) The board may call on the county attorney, district
attorney, or criminal district attorney of the county for the
legal services it requires. In addition, or in the alternative,
the board may contract for and compensate its own legal staff.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.153. SEAL. The board shall adopt a seal to place on
each lease, deed, or other instrument usually executed under seal
and on other instruments as the board requires.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.154. CONTRACTS. (a) The board may enter into any
contract that the board considers necessary or convenient to
carry out the purposes and powers granted by this chapter,
including a lease or other contract connected with, incident to,
or affecting the acquisition, financing, construction, equipment,
maintenance, renovation, repair, improvement, or operation of
real property or facilities.
(b) If the contract is for an amount less than or equal to the
amount provided by Section 262.023, Local Government Code, the
board may enter into the contract without advertisement. If the
contract is for more than that amount, the contract is subject to
the bidding provisions for contracts applicable to a county under
that section.
(c) To be effective, a contract must be:
(1) approved by resolution of the board;
(2) executed by the president or vice president; and
(3) attested by the secretary or treasurer.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.155. SUITS. The board may sue and be sued in its own
name.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.156. DISTRICT RULES AND ORDERS; CRIMINAL PENALTY;
CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and
orders applicable to:
(1) the administration, enforcement, and collection of district
taxes;
(2) littering and litter abatement in the parks in the district,
including the possession and disposition of glass containers;
(3) activities that endanger the health and safety of persons or
property in parks in the district;
(4) tenants, business privileges, concessionaires, users, and
activities affecting district property and facilities, including
any provision necessary to protect and conserve natural
resources; and
(5) a road that borders or runs through a park, subject to an
applicable municipal ordinance.
(b) A police officer, constable, sheriff, or other law
enforcement officer with jurisdiction in the county may arrest a
person violating rules or orders of the board and carry out the
prosecution of a person arrested under this subsection in the
proper court.
(c) A person who violates a rule or order adopted under this
section commits an offense. An offense under this section is a
Class C misdemeanor.
(d) The county attorney, district attorney, and criminal
district attorney or an attorney retained by the board for this
purpose may bring an action to enjoin a violation of board rules
or orders.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.157. BOND NOT REQUIRED. If the board brings an action
to enforce this subchapter or enjoin a violation of a rule or
order adopted by the board under this subchapter, the board is
not required to post a bond.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.158. POWER TO ACQUIRE PROPERTY. (a) For the
conservation of the district's natural resources, the board may
acquire land in the county, inside or outside the district,
including streams, lakes, submerged lands, and swamplands, to
create parks. The board may develop, improve, protect, and
promote the land in a manner the board considers conducive to the
general welfare.
(b) The land may be acquired by:
(1) gift or devise;
(2) lump-sum payment; or
(3) installment payments regardless of an option to purchase.
(c) The district does not have the power of eminent domain.
(d) The commissioners court by eminent domain may not acquire
land for park purposes and subsequently transfer by any means the
land or control of the land to the board for park purposes. If
the commissioners court by eminent domain acquires land for
purposes other than park purposes, the court may not subsequently
transfer by any means the land or control of the land to the
board for park purposes unless at least 10 years have expired
after the date of the acquisition by the court. This subsection
applies only to land that the commissioners court acquires by
eminent domain.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.159. SALE OR LEASE OF LANDS. (a) If the board
determines that land owned by the district is not necessary for
the purposes for which the land was acquired, the board may sell
and dispose of the land on terms the board considers advisable.
(b) The board may lease or permit the use of land for purposes
consistent with the purposes for which the land was acquired and
on terms the board considers advisable.
(c) Before land owned by the district may be sold, once a week
for four consecutive weeks in a newspaper of general circulation
in the county the board must publish a notice of its intention to
sell the land. The notice must include an accurate description
of the land, the time of a public hearing that is before the 10th
day before the disposition date, and the time and place at which
sealed bids will be received.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.160. ACCEPTANCE OF GRANTS AND GRATUITIES. To promote,
establish, or accomplish a purpose of this chapter, the board
may:
(1) accept grants and gratuities in any form from any source,
including the United States government, this state, any state or
federal agency, any private or public corporation, or any other
person;
(2) accept donations of money or other property; and
(3) act as trustee of land, money, or other property.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.161. COOPERATION WITH OTHER PUBLIC AUTHORITIES. Under
an agreement with a public authority, including the city, in
control of parkland in the county, the district may assume
control of all or part of the parkland in or contiguous to the
district or may contract or cooperate with the authority in
connection with the use, development, improvement, and protection
of the parkland.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.162. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED
RECREATIONAL EQUIPMENT. (a) This section applies only to the
rental of water-oriented recreational equipment in the district.
(b) A person may not rent water-oriented recreational equipment
to a person younger than 18 years of age.
(c) A person may rent water-oriented recreational equipment to a
person who is at least 18 years of age only if:
(1) each person who is at least 18 years of age who will use the
equipment signs a written agreement for the rental of that
equipment; and
(2) each person who will use the equipment, regardless of age,
is listed on the agreement.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.163. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL BUDGET;
FILING. (a) The board shall develop and approve a three-year
master plan for capital development and the development of parks
and district facilities.
(b) The board shall annually review and revise the master plan
during the budget process and shall file a copy of the master
plan and revisions with the county clerk.
(c) The board shall annually develop and approve a one-year
budget that must include the suggested revisions and additions to
the master plan.
(d) The board shall submit the annual budget to the
commissioners court for approval and shall file a copy with the
county clerk.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3873.201. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.202. GENERAL OBLIGATION AND REVENUE BONDS. For the
payment of all or part of the costs of a park improvement project
or park services, the board may issue bonds in one or more series
payable from and secured by ad valorem taxes, revenues, grants,
gifts, contracts, leases, or any combination of those funds.
Bonds may be liens on all or part of the revenue derived from
park improvements or services authorized under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.203. TERMS AND CONDITIONS OF BONDS. (a) Bonds may be
issued to mature serially or otherwise not more than 40 years
from their date of issue.
(b) If provided by the bond order or resolution, the proceeds
from the sale of bonds may be used to pay interest on the bonds
during and after the period of the acquisition or construction of
any park improvement project to be provided through the issuance
of the bonds, to administrative and operation expenses to create
a reserve fund for the payment of the principal of and interest
on the bonds, and to create any other funds.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.204. PLEDGES. (a) The board may pledge all or part
of the income from park improvement projects financed under this
chapter or from any other source to the payment of the bonds,
including the payment of principal, interest, and any other
amounts required or permitted in connection with the bonds. The
pledged income shall be set and collected in amounts that will be
at least sufficient, with any other pledged resources, to provide
for all payments of principal, interest, and any other amounts
required in connection with the bonds and, to the extent required
by the order or resolution authorizing the issuance of the bonds,
to provide for the payment of expenses in connection with the
bonds and to pay operation, maintenance, and other expenses in
connection with the improvement projects authorized under this
chapter.
(b) Bonds may be additionally secured by a mortgage or deed of
trust on real property relating to the facilities authorized
under this chapter owned or to be acquired by the district and by
chattel mortgages, liens, or security interests on personal
property appurtenant to that real property. The board may
authorize the execution of trust indentures, mortgages, deeds of
trust, or other forms of encumbrance to evidence the
indebtedness.
(c) The board may pledge to the payment of the bonds all or any
part of any grant, donation, revenue, or income received or to be
received from the United States government or any other public or
private source.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.205. MUNICIPAL APPROVAL. (a) A district must obtain
the approval of the governing body of the city before issuing
bonds for a park improvement project and for the plans and
specifications of a park improvement project financed by the bond
issuance.
(b) Instead of approval of bonds by the city, the district
before finally approving a capital improvements budget may obtain
approval from the governing body of the city of a capital
improvements budget for a period not to exceed five years. If a
district obtains approval of a capital improvements budget, it
may finance the capital improvements and issue bonds specified in
the budget without further approval from the city.
(c) The district must obtain approval from the city of the plans
and specifications of any park improvement project that involves
the use of the rights-of-way of streets, roads, or highways or
the use of city land or any easements granted by the city.
(d) The city is not obligated to pay any bonds, notes, or other
obligations of the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
Sec. 3873.206. AD VALOREM TAX; ELECTION. (a) The district must
hold an election in the manner provided by Subchapter L, Chapter
375, Local Government Code, to obtain voter approval before the
district imposes an ad valorem tax.
(b) If authorized at an election under Subsection (a) and
subject to Subsection (c), the district may impose an annual ad
valorem tax on taxable property in the district to:
(1) maintain and operate the district;
(2) construct or acquire park improvements; or
(3) provide a park service.
(c) The board shall determine the tax rate. The tax rate may
not exceed 35 cents per $100 valuation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.
SUBCHAPTER F. DISSOLUTION
Sec. 3873.251. DISSOLUTION. (a) The commissioners court by
order may dissolve the district. The order may be adopted:
(1) on the commissioners court's own motion; or
(2) after the filing of a written petition signed by a number of
the registered voters who reside in the district equal to at
least 10 percent of the votes received in the district in the
most recent gubernatorial general election.
(b) The commissioners court shall give notice of a hearing on
the petition and hold a hearing in the manner prescribed by
Sections 3873.052 and 3873.053 for a petition for confirming the
creation of the district.
(c) The commissioners court shall grant the petition and order
the dissolution of the district if the court finds that the
petition meets the requirements of this section and that the
dissolution is in the best interest of the county.
(d) On dissolution of the district, the property and other
assets, the debts and other liabilities, and the obligations of
the district that are not related to city property become those
of the county. The property and other assets, the debts and other
liabilities, and the obligations of the district that are related
to city property become those of the city.
Added by Acts 2009, 81st Leg., R.S., Ch.
1202, Sec. 1, eff. June 19, 2009.