Texas 2009 - 81st Regular

Texas Senate Bill SB2068 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6594 GCB-F
2	2	By: Davis, Wendy S.B. No. 2068
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Kennedale TownCenter Development
8	8	District; providing authority to impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 4, Special District Local Laws
11	11	Code, is amended by adding Chapter 3866 to read as follows:
12	12	CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 3866.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "District" means Kennedale TownCenter Development
18	18	District.
19	19	Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a)
20	20	Kennedale TownCenter Development District is created as a special
21	21	district under Sections 52 and 52-a, Article III, and Section 59,
22	22	Article XVI, Texas Constitution.
23	23	(b) The board by resolution may change the district's name.
24	24	Sec. 3866.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
25	25	creation of the district is essential to accomplish the purposes of
26	26	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	27	Texas Constitution, and other public purposes stated in this
28	28	chapter.
29	29	(b) The creation of the district is necessary to promote,
30	30	develop, encourage, and maintain transportation, safety,
31	31	employment, commerce, housing, tourism, recreation, the arts,
32	32	entertainment, economic development, and the public welfare in the
33	33	area of the district.
34	34	Sec. 3866.004. BOUNDARIES. The district includes all the
35	35	territory contained in the following described area:
36	36	Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail
37	37	Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb
38	38	Subdivision; and Municipal Drive from Third Street to Kennedale
39	39	Parkway (US Business Highway 287).
40	40	Sec. 3866.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
41	41	The district is created to serve a public use and benefit.
42	42	(b) All land and other property included in the district
43	43	will benefit from the improvements and services to be provided by
44	44	the district under powers conferred by Sections 52 and 52-a,
45	45	Article III, and Section 59, Article XVI, Texas Constitution, and
46	46	other powers granted under this chapter.
47	47	(c) The creation of the district is in the public interest
48	48	and is essential to:
49	49	(1) further the public purposes of the development and
50	50	diversification of the economy of the state;
51	51	(2) eliminate unemployment and underemployment; and
52	52	(3) develop or expand transportation and commerce.
53	53	(d) The district will:
54	54	(1) promote the health, safety, and general welfare of
55	55	residents, employers, employees, visitors, and consumers in the
56	56	district and of the public;
57	57	(2) provide needed funding to preserve, maintain, and
58	58	enhance the economic health and vitality of the district as a
59	59	community; and
60	60	(3) promote the health, safety, welfare, and enjoyment
61	61	of the public by providing pedestrian ways and by landscaping and
62	62	developing certain areas in the district, which are necessary for
63	63	the restoration, preservation, and enhancement of scenic beauty.
64	64	(e) Pedestrian ways along or across a street, whether at
65	65	grade or above or below the surface, and street lighting, street
66	66	landscaping, and street art objects are parts of and necessary
67	67	components of a street and are considered to be a street or road
68	68	improvement.
69	69	(f) The district will not act as the agent or
70	70	instrumentality of any private interest even though the district
71	71	will benefit many private interests as well as the public.
72	72	Sec. 3866.006. LIBERAL CONSTRUCTION OF CHAPTER. This
73	73	chapter shall be liberally construed in conformity with the
74	74	findings and purposes stated in this chapter.
75	75	[Sections 3866.007-3866.020 reserved for expansion]
76	76	SUBCHAPTER A-1. TEMPORARY PROVISIONS
77	77	Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board
78	78	consists of the following persons:
79	79	(1) John Clark
80	80	(2) Jerry Miller
81	81	(3) Robert Mundy
82	82	(4) Bryan Lankhorst
83	83	(5) Beverly Hayes
84	84	(b) Of the initial directors, the terms of the first three
85	85	directors named in Subsection (a) expire on January 1, 2011, and the
86	86	terms of the last two directors named in Subsection (a) expire on
87	87	January 1, 2010. Bob Hart shall serve as the ex officio nonvoting
88	88	member for a term to be specified by the governing body of the City
89	89	of Kennedale.
90	90	Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter
91	91	expires January 1, 2011.
92	92	[Sections 3866.023-3866.050 reserved for expansion]
93	93	SUBCHAPTER B. BOARD OF DIRECTORS
94	94	Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district
95	95	is governed by a board of five voting directors appointed under
96	96	Section 3866.052 who serve staggered two-year terms.
97	97	(b) The governing body of the City of Kennedale may appoint
98	98	one nonvoting director to serve a term prescribed by the governing
99	99	body. The nonvoting director must be an employee of the City of
100	100	Kennedale and shall serve as an ex officio member in an advisory
101	101	capacity to provide assistance on matters in the district that
102	102	involve the city.
103	103	Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The
104	104	governing body of the City of Kennedale shall appoint directors to
105	105	the board.
106	106	(b) Sections 375.063, Local Government Code, and 49.052,
107	107	Water Code, do not apply to the district.
108	108	Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the
109	109	board serve at the pleasure of the governing body of the City of
110	110	Kennedale. The governing body may remove any board member by
111	111	majority vote.
112	112	Sec. 3866.054. VACANCIES. A vacancy on the board shall be
113	113	filled by the governing body of the City of Kennedale.
114	114	Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided
115	115	by Chapter 171, Local Government Code, a director may participate
116	116	in all board votes and decisions.
117	117	Sec. 3866.056. DISBURSEMENTS AND TRANSFERS OF MONEY. The
118	118	board by resolution shall establish the number of directors'
119	119	signatures and the procedure required for a disbursement or
120	120	transfer of the district's money.
121	121	[Sections 3866.057-3866.100 reserved for expansion]
122	122	SUBCHAPTER C. POWERS AND DUTIES
123	123	Sec. 3866.101. POWERS OF DISTRICT. The district has all
124	124	powers provided by the general laws on road districts and road
125	125	utility districts created under Section 52, Article III, Texas
126	126	Constitution, and conservation and reclamation districts and
127	127	municipal management districts created under Section 59, Article
128	128	XVI, Texas Constitution, including:
129	129	(1) Chapters 257 and 441, Transportation Code;
130	130	(2) Chapter 375, Local Government Code; and
131	131	(3) Chapters 49 and 54, Water Code.
132	132	Sec. 3866.102. AGREEMENTS; GRANTS. (a) The district may
133	133	make an agreement with or accept a gift, grant, or loan from any
134	134	person.
135	135	(b) The implementation of a project is a governmental
136	136	function or service for the purposes of Chapter 791, Government
137	137	Code.
138	138	Sec. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To
139	139	protect the public interest, the district may contract with a
140	140	municipality or county to provide law enforcement services in the
141	141	district for a fee.
142	142	[Sections 3866.104-3866.150 reserved for expansion]
143	143	SUBCHAPTER D. FINANCIAL PROVISIONS
144	144	Sec. 3866.151. COMPETITIVE BIDDING. Section 375.221, Local
145	145	Government Code, applies to the district only for a contract that
146	146	has a value of more than $25,000.
147	147	Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
148	148	ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
149	149	tax, assessment, or impact fee and use the proceeds of the tax,
150	150	assessment, or impact fee for:
151	151	(1) any district purpose, including the payment of
152	152	debt or other contractual obligations; or
153	153	(2) the payment of maintenance and operating expenses.
154	154	Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The
155	155	district must hold an election in the manner provided by Chapters 49
156	156	and 54, Water Code, to obtain voter approval before the district
157	157	imposes a maintenance tax or issues bonds payable from ad valorem
158	158	taxes.
159	159	(b) The board may include more than one purpose in a single
160	160	proposition at an election.
161	161	(c) If the district obtains the written consent of all
162	162	property owners in the district to impose a maintenance tax or issue
163	163	bonds payable from ad valorem taxes or assessments, the district is
164	164	exempt from the election requirement under Subsection (a) and may
165	165	cancel an election called under Subsection (a).
166	166	Sec. 3866.154. MAINTENANCE TAX. (a) The district may
167	167	impose an annual ad valorem tax on taxable property in the district
168	168	for any district purpose, including to:
169	169	(1) maintain and operate the district, including
170	170	improvements constructed or acquired by the district; or
171	171	(2) provide a service.
172	172	(b) The board shall determine the tax rate.
173	173	Sec. 3866.155. ASSESSMENTS. (a) The board by resolution
174	174	may impose and collect an assessment for any purpose authorized by
175	175	this chapter.
176	176	(b) An assessment, a reassessment, or an assessment
177	177	resulting from an addition to or correction of the assessment roll
178	178	by the district, penalties and interest on an assessment or
179	179	reassessment, an expense of collection, and reasonable attorney's
180	180	fees incurred by the district:
181	181	(1) are a first and prior lien against the property
182	182	assessed;
183	183	(2) are superior to any other lien or claim other than
184	184	a lien or claim for county, school district, or municipal ad valorem
185	185	taxes; and
186	186	(3) are the personal liability of and charge against
187	187	the owners of the property even if the owners are not named in the
188	188	assessment proceeding.
189	189	(c) The lien is effective from the date of the board's
190	190	resolution imposing the assessment until the date the assessment is
191	191	paid. The board may enforce the lien in the same manner that the
192	192	board may enforce an ad valorem tax lien against real property.
193	193	Sec. 3866.156. PETITION REQUIRED FOR FINANCING SERVICES AND
194	194	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
195	195	service or improvement project with assessments under this chapter
196	196	unless a written petition requesting that service or improvement
197	197	has been filed with the board.
198	198	(b) A petition requesting a project financed by assessment
199	199	must be signed by the owners of a majority of the assessed value of
200	200	real property in the district subject to assessment according to
201	201	the most recent certified tax appraisal roll for the county in which
202	202	the property is located.
203	203	Sec. 3866.157. BONDS AND OTHER OBLIGATIONS. (a) The
204	204	district may issue bonds or other obligations payable wholly or
205	205	partly from ad valorem taxes, assessments, impact fees, revenue,
206	206	grants, or other money of the district, or any combination of those
207	207	sources of money, to pay for any authorized purpose of the district.
208	208	(b) In exercising the district's borrowing power, the
209	209	district may issue a bond or other obligation in the form of a bond,
210	210	note, certificate of participation, or other instrument evidencing
211	211	a proportionate interest in payments to be made by the district, or
212	212	other type of obligation.
213	213	Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.
214	214	The district must obtain the approval of the governing body of the
215	215	City of Kennedale for:
216	216	(1) the issuance of bonds for an improvement project;
217	217	(2) the plans and specifications of an improvement
218	218	project financed by the bonds; and
219	219	(3) the plans and specifications of a district
220	220	improvement project related to the use of land owned by the City of
221	221	Kennedale, an easement granted by the City of Kennedale, or a
222	222	right-of-way of a street, road, or highway.
223	223	[Sections 3866.159-3866.200 reserved for expansion]
224	224	SUBCHAPTER E. DISSOLUTION
225	225	Sec. 3866.201. DISSOLUTION. (a) The district may be
226	226	dissolved by:
227	227	(1) the governing body of the City of Kennedale on a
228	228	vote of not less than two-thirds of its membership and adoption of
229	229	an ordinance dissolving the district; or
230	230	(2) majority vote of the board of directors.
231	231	(b) Section 375.264, Local Government Code, does not apply
232	232	to the district.
233	233	(c) If the district has debt when it is dissolved, the
234	234	district shall remain in existence solely for the purpose of
235	235	discharging its debts. The dissolution is effective when all debts
236	236	have been discharged.
237	237	SECTION 2. The legislature finds that:
238	238	(1) proper and legal notice of the intention to
239	239	introduce this Act, setting forth the general substance of this
240	240	Act, has been published as provided by law, and the notice and a
241	241	copy of this Act have been furnished to all persons, agencies,
242	242	officials, or entities to which they are required to be furnished by
243	243	the constitution and laws of this state, including the governor,
244	244	who has submitted the notice and Act to the Texas Commission on
245	245	Environmental Quality;
246	246	(2) the Texas Commission on Environmental Quality has
247	247	filed its recommendations relating to this Act with the governor,
248	248	lieutenant governor, and speaker of the house of representatives
249	249	within the required time;
250	250	(3) the general law relating to consent by political
251	251	subdivisions to the creation of districts with conservation,
252	252	reclamation, and road powers and the inclusion of land in those
253	253	districts has been complied with; and
254	254	(4) all requirements of the constitution and laws of
255	255	this state and the rules and procedures of the legislature with
256	256	respect to the notice, introduction, and passage of this Act have
257	257	been fulfilled and accomplished.
258	258	SECTION 3. This Act takes effect immediately if it receives
259	259	a vote of two-thirds of all the members elected to each house, as
260	260	provided by Section 39, Article III, Texas Constitution. If this
261	261	Act does not receive the vote necessary for immediate effect, this
262	262	Act takes effect September 1, 2009.