81R6594 GCB-F
By: Davis, Wendy S.B. No. 2068
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Kennedale TownCenter Development
District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3866 to read as follows:
CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3866.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Kennedale TownCenter Development
District.
Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a)
Kennedale TownCenter Development District is created as a special
district under Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution.
(b) The board by resolution may change the district's name.
Sec. 3866.003. 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 Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain transportation, safety,
employment, commerce, housing, tourism, recreation, the arts,
entertainment, economic development, and the public welfare in the
area of the district.
Sec. 3866.004. BOUNDARIES. The district includes all the
territory contained in the following described area:
Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail
Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb
Subdivision; and Municipal Drive from Third Street to Kennedale
Parkway (US Business Highway 287).
Sec. 3866.005. 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 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 the development and
diversification of the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(f) 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.
Sec. 3866.006. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3866.007-3866.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) John Clark
(2) Jerry Miller
(3) Robert Mundy
(4) Bryan Lankhorst
(5) Beverly Hayes
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on January 1, 2011, and the
terms of the last two directors named in Subsection (a) expire on
January 1, 2010. Bob Hart shall serve as the ex officio nonvoting
member for a term to be specified by the governing body of the City
of Kennedale.
Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter
expires January 1, 2011.
[Sections 3866.023-3866.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district
is governed by a board of five voting directors appointed under
Section 3866.052 who serve staggered two-year terms.
(b) The governing body of the City of Kennedale may appoint
one nonvoting director to serve a term prescribed by the governing
body. The nonvoting director must be an employee of the City of
Kennedale and shall serve as an ex officio member in an advisory
capacity to provide assistance on matters in the district that
involve the city.
Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The
governing body of the City of Kennedale shall appoint directors to
the board.
(b) Sections 375.063, Local Government Code, and 49.052,
Water Code, do not apply to the district.
Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the
board serve at the pleasure of the governing body of the City of
Kennedale. The governing body may remove any board member by
majority vote.
Sec. 3866.054. VACANCIES. A vacancy on the board shall be
filled by the governing body of the City of Kennedale.
Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided
by Chapter 171, Local Government Code, a director may participate
in all board votes and decisions.
Sec. 3866.056. 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.
[Sections 3866.057-3866.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3866.101. POWERS OF DISTRICT. The district has all
powers provided by the general laws on road districts and road
utility districts created under Section 52, Article III, Texas
Constitution, and conservation and reclamation districts and
municipal management districts created under Section 59, Article
XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 49 and 54, Water Code.
Sec. 3866.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To
protect the public interest, the district may contract with a
municipality or county to provide law enforcement services in the
district for a fee.
[Sections 3866.104-3866.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3866.151. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value of more than $25,000.
Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for:
(1) any district purpose, including the payment of
debt or other contractual obligations; or
(2) the payment of maintenance and operating expenses.
Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters 49
and 54, Water Code, to obtain voter approval before the district
imposes a maintenance tax or issues bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) If the district obtains the written consent of all
property owners in the district to impose a maintenance tax or issue
bonds payable from ad valorem taxes or assessments, the district is
exempt from the election requirement under Subsection (a) and may
cancel an election called under Subsection (a).
Sec. 3866.154. MAINTENANCE TAX. (a) The district may
impose an annual ad valorem tax on taxable property in the district
for any district purpose, including to:
(1) maintain and operate the district, including
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
Sec. 3866.155. ASSESSMENTS. (a) The board by resolution
may impose and collect an assessment for any purpose authorized by
this chapter.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceeding.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
Sec. 3866.156. 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 board.
(b) A petition requesting a project financed by assessment
must be signed by the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for the county in which
the property is located.
Sec. 3866.157. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation, or other instrument evidencing
a proportionate interest in payments to be made by the district, or
other type of obligation.
Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS.
The district must obtain the approval of the governing body of the
City of Kennedale for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement
project financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to the use of land owned by the City of
Kennedale, an easement granted by the City of Kennedale, or a
right-of-way of a street, road, or highway.
[Sections 3866.159-3866.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3866.201. DISSOLUTION. (a) The district may be
dissolved by:
(1) the governing body of the City of Kennedale on a
vote of not less than two-thirds of its membership and adoption of
an ordinance dissolving the district; or
(2) majority vote of the board of directors.
(b) Section 375.264, Local Government Code, does not apply
to the district.
(c) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. The legislature finds that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.