Texas 2009 - 81st Regular

Texas Senate Bill SB2560 Compare Versions

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1	1	By: Deuell S.B. No. 2560
2	2	(In the Senate - Filed April 24, 2009; April 27, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 18, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 18, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2560 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Rowlett Downtown Management
13	13	District; providing authority to impose a tax, levy an assessment,
14	14	and issue bonds.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle C, Title 4, Special District Local Laws
17	17	Code, is amended by adding Chapter 3894 to read as follows:
18	18	CHAPTER 3894. ROWLETT DOWNTOWN MANAGEMENT DISTRICT
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 3894.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "City" means the City of Rowlett, Texas.
23	23	(3) "Director" means a member of the board.
24	24	(4) "District" means the Rowlett Downtown Management
25	25	District.
26	26	(5) "Improvement project" means any program or project
27	27	authorized by Section 3894.102, inside or outside the district.
28	28	Sec. 3894.002. CREATION AND NATURE OF DISTRICT. The
29	29	district is a special district created under Sections 52 and 52-a,
30	30	Article III, and Section 59, Article XVI, Texas Constitution.
31	31	Sec. 3894.003. PURPOSE; DECLARATION OF INTENT. (a) The
32	32	creation of the district is essential to accomplish the purposes of
33	33	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
34	34	Texas Constitution, and other public purposes stated in this
35	35	chapter. By creating the district and in authorizing the city and
36	36	other political subdivisions to contract with the district, the
37	37	legislature has established a program to accomplish the public
38	38	purposes set out in Section 52-a, Article III, Texas Constitution.
39	39	(b) The creation of the district is necessary to promote,
40	40	develop, encourage, and maintain employment, commerce,
41	41	transportation, housing, tourism, recreation, the arts,
42	42	entertainment, economic development, safety, and the public
43	43	welfare in the district.
44	44	(c) This chapter and the creation of the district may not be
45	45	interpreted to relieve the city or Dallas County from providing the
46	46	level of services provided as of the effective date of the Act
47	47	creating this chapter to the area in the district. The district is
48	48	created to supplement and not to supplant the city and county
49	49	services provided in the district.
50	50	Sec. 3894.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
51	51	(a) The district is created to serve a public use and benefit.
52	52	(b) All land and other property included in the district
53	53	will benefit from the improvements and services to be provided by
54	54	the district under powers conferred by Sections 52 and 52-a,
55	55	Article III, and Section 59, Article XVI, Texas Constitution, and
56	56	other powers granted under this chapter.
57	57	(c) The creation of the district is in the public interest
58	58	and is essential to further the public purposes of:
59	59	(1) developing and diversifying the economy of the
60	60	state;
61	61	(2) eliminating unemployment and underemployment; and
62	62	(3) developing or expanding transportation and
63	63	commerce.
64	64	(d) The district will:
65	65	(1) promote the health, safety, and general welfare of
66	66	residents, employers, employees, potential employees, visitors,
67	67	and consumers in the district, and of the public;
68	68	(2) provide needed funding for the district to
69	69	preserve, maintain, and enhance the economic health and vitality of
70	70	the district territory as a community and business center; and
71	71	(3) promote the health, safety, welfare, and enjoyment
72	72	of the public by providing pedestrian ways and by landscaping and
73	73	developing certain areas in the district, which are necessary for
74	74	the restoration, preservation, and enhancement of scenic and
75	75	aesthetic beauty.
76	76	(e) Pedestrian ways along or across a street, whether at
77	77	grade or above or below the surface, and street lighting, street
78	78	landscaping, parking, and street art objects are parts of and
79	79	necessary components of a street and are considered to be an
80	80	improvement project that includes a street or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 3894.005. DISTRICT TERRITORY. (a) The district is
85	85	composed of the territory described by Section 2 of the Act creating
86	86	this chapter, as that territory may have been modified under
87	87	Section 3894.108 or other law.
88	88	(b) The boundaries and field notes of the district contained
89	89	in Section 2 of the Act creating this chapter form a closure. A
90	90	mistake in the field notes of the district contained in Section 2 of
91	91	the Act creating this chapter or in copying the field notes in the
92	92	legislative process does not in any way affect:
93	93	(1) the district's organization, existence, or
94	94	validity;
95	95	(2) the district's right to contract, including the
96	96	right to issue any type of bond or other obligation for a purpose
97	97	for which the district is created;
98	98	(3) the district's right to impose or collect an
99	99	assessment, tax, or any other revenue; or
100	100	(4) the legality or operation of the board.
101	101	Sec. 3894.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
102	102	ZONES. (a) All or any part of the area of the district is
103	103	eligible, regardless of other statutory criteria, to be included
104	104	in:
105	105	(1) a tax increment reinvestment zone created by the
106	106	city under Chapter 311, Tax Code; or
107	107	(2) a tax abatement reinvestment zone created by the
108	108	city under Chapter 312, Tax Code.
109	109	(b) All or any part of the area of the district is eligible
110	110	to be nominated for inclusion in an enterprise zone by the city
111	111	under Chapter 2303, Government Code.
112	112	Sec. 3894.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
113	113	DISTRICTS LAW. Except as otherwise provided by this chapter,
114	114	Chapter 375, Local Government Code, applies to the district.
115	115	Sec. 3894.008. LIBERAL CONSTRUCTION OF CHAPTER. This
116	116	chapter shall be liberally construed in conformity with the
117	117	findings and purposes stated in this chapter.
118	118	[Sections 3894.009-3894.050 reserved for expansion]
119	119	SUBCHAPTER B. BOARD OF DIRECTORS
120	120	Sec. 3894.051. BOARD OF DIRECTORS. The district is
121	121	governed by a board of five directors appointed under Section
122	122	3894.052 and three directors serving ex officio under Section
123	123	3894.053.
124	124	Sec. 3894.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
125	125	mayor and governing body of the city shall appoint voting
126	126	directors. A person is appointed if a majority of the members of
127	127	the governing body, including the mayor, vote to appoint that
128	128	person. A member of the governing body of the city may not be
129	129	appointed to the board.
130	130	(b) Section 375.063, Local Government Code, does not apply
131	131	to the district.
132	132	(c) The appointed directors serve staggered terms of four
133	133	years, with two or three directors' terms expiring June 1 of each
134	134	odd-numbered year.
135	135	(d) A person may not be appointed to the board if the
136	136	appointment of that person would result in fewer than three of the
137	137	directors residing in the city.
138	138	(e) The governing body of the city shall appoint a director
139	139	to fill a vacancy that occurs on the board.
140	140	(f) District directors are public officials entitled to
141	141	governmental immunity for their official actions.
142	142	Sec. 3894.053. NONVOTING DIRECTORS. (a) The following
143	143	persons serve as nonvoting ex officio directors:
144	144	(1) the manager of the city;
145	145	(2) the financial director of the city; and
146	146	(3) the planning director of the city.
147	147	(b) If an office described by Subsection (a) is renamed,
148	148	changed, or abolished, the governing body of the city may appoint
149	149	another city officer or employee who performs duties comparable to
150	150	those performed by the officer described by Subsection (a).
151	151	Sec. 3894.054. CONFLICTS OF INTEREST. (a) Except as
152	152	provided by Section 3894.053 or this section:
153	153	(1) a director may participate in all board votes and
154	154	decisions; and
155	155	(2) Chapter 171, Local Government Code, governs
156	156	conflicts of interest of board members.
157	157	(b) A director who has a beneficial interest in a business
158	158	entity that will receive a pecuniary benefit from an action of the
159	159	board may participate in discussion and vote on that action if a
160	160	majority of the board has a similar interest in the same action or
161	161	if all other similar business entities in the district will receive
162	162	a similar pecuniary benefit.
163	163	(c) A director who is also an officer or employee of a public
164	164	entity may not participate in a discussion of or vote on a matter
165	165	regarding a contract with that same public entity.
166	166	Sec. 3894.055. DIRECTOR'S OATH OR AFFIRMATION. A
167	167	director's oath or affirmation of office shall be filed with the
168	168	district and the district shall retain the oath or affirmation in
169	169	the district records.
170	170	Sec. 3894.056. OFFICERS. The board shall elect from among
171	171	the directors a chair, vice chair, and secretary.
172	172	Sec. 3894.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
173	173	EXPENSES. A director is not entitled to compensation for service on
174	174	the board but is entitled to be reimbursed for necessary expenses
175	175	incurred in carrying out the duties and responsibilities of a
176	176	director.
177	177	Sec. 3894.058. INITIAL DIRECTORS. (a) The initial board
178	178	consists of the following directors:
179	179	(1)__________________________________;
180	180	(2)__________________________________;
181	181	(3)__________________________________;
182	182	(4)__________________________________; and
183	183	(5)__________________________________.
184	184	(b) Of the initial directors, the terms of directors
185	185	appointed for positions 1 and 2 expire June 1, 2011, and the terms
186	186	of directors appointed for positions 3 through 5 expire June 1,
187	187	2013.
188	188	(c) This section expires September 1, 2013.
189	189	Sec. 3894.059. QUORUM. For purposes of determining whether
190	190	a quorum of the board is present, the following are not counted:
191	191	(1) a board position vacant for any reason, including
192	192	death, resignation, or disqualification;
193	193	(2) a director who is abstaining from participation in
194	194	a vote because of a conflict of interest; or
195	195	(3) a nonvoting director.
196	196	[Sections 3894.060-3894.100 reserved for expansion]
197	197	SUBCHAPTER C. POWERS AND DUTIES
198	198	Sec. 3894.101. GENERAL POWERS AND DUTIES. The district has
199	199	the powers and duties provided by:
200	200	(1) the general laws relating to conservation and
201	201	reclamation districts created under Section 59, Article XVI, Texas
202	202	Constitution, including Chapters 49 and 54, Water Code;
203	203	(2) the general laws relating to road districts and
204	204	road utility districts created under Section 52(b), Article III,
205	205	Texas Constitution, including Chapter 441, Transportation Code;
206	206	(3) Subchapter A, Chapter 372, Local Government Code,
207	207	in the same manner as a municipality or a county;
208	208	(4) Chapter 375, Local Government Code; and
209	209	(5) Chapter 505, Local Government Code, as if the
210	210	district were a municipality to which that chapter applies.
211	211	Sec. 3894.102. IMPROVEMENT PROJECTS. (a) The district may
212	212	provide, or it may enter into contracts with a governmental or
213	213	private entity to provide, the following types of improvement
214	214	projects or activities in support of or incidental to those
215	215	projects:
216	216	(1) a supply and distribution facility or system to
217	217	provide potable and city-approved nonpotable water to the residents
218	218	and businesses of the district, including a wastewater collection
219	219	facility;
220	220	(2) a paved road or street, inside and outside the
221	221	district, to the extent authorized by Section 52, Article III,
222	222	Texas Constitution;
223	223	(3) the planning, design, construction, improvement,
224	224	and maintenance of:
225	225	(A) landscaping;
226	226	(B) highway right-of-way or transit corridor
227	227	beautification and improvement;
228	228	(C) lighting, banners, and signs;
229	229	(D) a street or sidewalk;
230	230	(E) a hiking and cycling path or trail;
231	231	(F) a pedestrian walkway, skywalk, crosswalk, or
232	232	tunnel;
233	233	(G) a park, lake, garden, recreational facility,
234	234	sports facility, open space, scenic area, or related exhibit or
235	235	preserve;
236	236	(H) a fountain, plaza, or pedestrian mall; or
237	237	(I) a drainage or storm-water detention
238	238	improvement;
239	239	(4) protection and improvement of the quality of storm
240	240	water that flows through the district;
241	241	(5) the planning, design, construction, improvement,
242	242	maintenance, and operation of:
243	243	(A) a water or sewer facility; or
244	244	(B) an off-street parking facility or heliport;
245	245	(6) the planning and acquisition of:
246	246	(A) public art and sculpture and related exhibits
247	247	and facilities; or
248	248	(B) an educational and cultural exhibit or
249	249	facility;
250	250	(7) the planning, design, construction, acquisition,
251	251	lease, rental, improvement, maintenance, installation, and
252	252	management of and provision of furnishings for a facility for:
253	253	(A) a conference, convention, or exhibition;
254	254	(B) a manufacturer, consumer, or trade show;
255	255	(C) a civic, community, or institutional event;
256	256	or
257	257	(D) an exhibit, display, attraction, special
258	258	event, or seasonal or cultural celebration or holiday;
259	259	(8) the removal, razing, demolition, or clearing of
260	260	land or improvements in connection with an improvement project;
261	261	(9) the acquisition and improvement of land or other
262	262	property for the mitigation of the environmental effects of an
263	263	improvement project;
264	264	(10) the planning, design, construction, improvement,
265	265	maintenance, and operation of alternative power generation
266	266	facilities, including but not limited to solar, geothermal, and
267	267	wind;
268	268	(11) the acquisition of property or an interest in
269	269	property in connection with an authorized improvement project;
270	270	(12) a special or supplemental service for the
271	271	improvement and promotion of the district or an area adjacent to the
272	272	district or for the protection of public health and safety in or
273	273	adjacent to the district, including:
274	274	(A) advertising;
275	275	(B) promotion;
276	276	(C) tourism;
277	277	(D) health and sanitation;
278	278	(E) public safety;
279	279	(F) security;
280	280	(G) fire protection or emergency medical
281	281	services;
282	282	(H) business recruitment;
283	283	(I) development;
284	284	(J) elimination of traffic congestion; and
285	285	(K) recreational, educational, or cultural
286	286	improvements, enhancements, and services; or
287	287	(13) any similar public improvement, facility, or
288	288	service.
289	289	(b) The district may not undertake an improvement project
290	290	under this section unless the board determines the project to be
291	291	necessary to accomplish a public purpose of the district.
292	292	(c) An improvement project must comply with any applicable
293	293	city requirements, including codes and ordinances.
294	294	(d) The district may not provide, conduct, or authorize any
295	295	improvement project on the city streets, highways, rights-of-way,
296	296	or easements without the consent of the governing body of the city.
297	297	(e) The district shall immediately comply with any city
298	298	ordinance, order, or resolution that:
299	299	(1) requires the district to transfer to the city the
300	300	title to all or any portion of an improvement project; or
301	301	(2) authorizes the district to own, encumber,
302	302	maintain, and operate an improvement project, subject to the right
303	303	of the city to order a conveyance of the project to the city on a
304	304	date determined by the city.
305	305	(f) For the purposes of this section, planning, design,
306	306	construction, improvement, and maintenance of a lake include work
307	307	done for drainage, reclamation, or recreation.
308	308	Sec. 3894.103. GENERAL POWERS REGARDING CONTRACTS.
309	309	(a) The district may:
310	310	(1) contract with any person to accomplish any
311	311	district purpose, including a contract for:
312	312	(A) the payment, repayment, or reimbursement of
313	313	costs incurred by that person on behalf of the district, including
314	314	all or part of the costs of an improvement project and interest on
315	315	the reimbursed cost; or
316	316	(B) the use, occupancy, lease, rental,
317	317	operation, maintenance, or management of all or part of a proposed
318	318	or existing improvement project; and
319	319	(2) apply for and contract with any person to receive,
320	320	administer, and perform a duty or obligation of the district under a
321	321	federal, state, local, or private gift, grant, loan, conveyance,
322	322	transfer, bequest, or other financial assistance arrangement
323	323	relating to the investigation, planning, analysis, study, design,
324	324	acquisition, construction, improvement, completion,
325	325	implementation, or operation by the district or others of a
326	326	proposed or existing improvement project.
327	327	(b) A contract the district enters into to carry out a
328	328	purpose of this chapter may be on any terms and for any period the
329	329	board determines, including a negotiable or nonnegotiable note or
330	330	warrant payable to the city, Dallas County, and any other person.
331	331	(c) Any person may contract with the district to carry out
332	332	the purposes of this chapter without further statutory or other
333	333	authorization.
334	334	(d) A contract payable from ad valorem taxes for a period
335	335	longer than one year must be approved by the governing body of the
336	336	city.
337	337	Sec. 3894.104. COMPETITIVE BIDDING. Section 375.221, Local
338	338	Government Code, applies only to a district contract that has a
339	339	value of more than $50,000.
340	340	Sec. 3894.105. ECONOMIC DEVELOPMENT. The district may
341	341	create economic development programs and exercise the economic
342	342	development powers that:
343	343	(1) Chapter 380, Local Government Code, provides to a
344	344	municipality with a population of more than 100,000; and
345	345	(2) Chapter 1509, Government Code, provides to a
346	346	municipality.
347	347	Sec. 3894.106. RULES; ENFORCEMENT. (a) The district may
348	348	adopt rules:
349	349	(1) to administer or operate the district;
350	350	(2) for the use, enjoyment, availability, protection,
351	351	security, and maintenance of the district's property and
352	352	facilities; or
353	353	(3) to provide for public safety and security in the
354	354	district.
355	355	(b) The district may enforce its rules by injunctive relief.
356	356	(c) To the extent a district rule conflicts with a city
357	357	rule, order, or regulation, the city rule, order, or regulation
358	358	controls.
359	359	Sec. 3894.107. NAME CHANGE. The board by resolution may
360	360	change the district's name. The board shall give written notice of
361	361	the change to the city.
362	362	Sec. 3894.108. ADDING OR REMOVING TERRITORY. The board may
363	363	add or remove territory under Subchapter J, Chapter 49, and Section
364	364	54.016, Water Code, except that:
365	365	(1) the addition or removal of the territory must be
366	366	approved by:
367	367	(A) the governing body of the city; and
368	368	(B) the owners of the territory being added or
369	369	removed;
370	370	(2) a reference to a tax in Subchapter J, Chapter 49,
371	371	or Section 54.016, Water Code, means an ad valorem tax; and
372	372	(3) territory may not be removed from the district if
373	373	bonds or other obligations of the district payable wholly or partly
374	374	from ad valorem taxes on the territory are outstanding.
375	375	Sec. 3894.109. NO EMINENT DOMAIN POWER. The district may
376	376	not exercise the power of eminent domain.
377	377	Sec. 3894.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
378	378	COMPENSATION. The board may employ and establish the terms of
379	379	employment and compensation of:
380	380	(1) an executive director or general manager; or
381	381	(2) any other district employee the board considers
382	382	necessary.
383	383	[Sections 3894.111-3894.150 reserved for expansion]
384	384	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
385	385	Sec. 3894.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
386	386	Except as provided by Section 3894.161, the district may:
387	387	(1) impose an ad valorem tax on all taxable property in
388	388	the district, including industrial, commercial, and residential
389	389	property, to pay for an improvement project;
390	390	(2) impose an assessment on property in the district
391	391	in the manner provided for:
392	392	(A) a district under Subchapter F, Chapter 375,
393	393	Local Government Code; or
394	394	(B) a municipality or county under Subchapter A,
395	395	Chapter 372, Local Government Code;
396	396	(3) provide or secure the payment or repayment of the
397	397	costs and expenses of the establishment, administration, and
398	398	operation of the district and the district's costs or share of the
399	399	costs or revenue of an improvement project or district contractual
400	400	obligation or indebtedness by or through:
401	401	(A) a lease, installment purchase contract, or
402	402	other agreement with any person;
403	403	(B) the imposition of a tax, assessment, user
404	404	fee, concession fee, or rental charge; or
405	405	(C) any other revenue or resource of the
406	406	district;
407	407	(4) establish user charges related to the operation of
408	408	storm-water facilities, including the regulation of storm water for
409	409	the protection of water quality in the district;
410	410	(5) establish user charges for the use of nonpotable
411	411	water for irrigation purposes, subject to the approval of the
412	412	governing body of the city;
413	413	(6) undertake separately or jointly with other
414	414	persons, including the city or Dallas County, all or part of the
415	415	cost of an improvement project, including an improvement project:
416	416	(A) for improving, enhancing, and supporting
417	417	public safety and security, fire protection and emergency medical
418	418	services, and law enforcement in and adjacent to the district; or
419	419	(B) that confers a general benefit on the entire
420	420	district or a special benefit on a definable part of the district;
421	421	and
422	422	(7) enter into a tax abatement agreement in accordance
423	423	with the general laws of this state authorizing and applicable to
424	424	tax abatement agreements by municipalities.
425	425	Sec. 3894.152. BORROWING MONEY. The district may borrow
426	426	money for a district purpose by issuing or executing bonds, notes,
427	427	credit agreements, or other obligations of any kind found by the
428	428	board to be necessary or appropriate for the district purpose. The
429	429	bond, note, credit agreement, or other obligation must be secured
430	430	by and payable from ad valorem taxes, assessments, or other
431	431	district revenue.
432	432	Sec. 3894.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
433	433	(a) The district may impose an impact fee or assessment on
434	434	property in the district, including an impact fee or assessment on
435	435	residential or commercial property, only in the manner provided by
436	436	Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
437	437	Government Code, for a municipality, county, or public improvement
438	438	district, according to the benefit received by the property.
439	439	(b) An impact fee for residential property must be for the
440	440	limited purpose of providing capital funding for:
441	441	(1) public water and wastewater facilities;
442	442	(2) drainage and storm-water facilities; and
443	443	(3) streets and alleys.
444	444	(c) An assessment, a reassessment, or an assessment
445	445	resulting from an addition to or correction of the assessment roll
446	446	by the district, penalties and interest on an assessment or
447	447	reassessment, or an expense of collection of an assessment,
448	448	including reasonable attorney's fees, incurred by the district:
449	449	(1) is a first and prior lien against the property
450	450	assessed; and
451	451	(2) is superior to any other lien or claim other than a
452	452	lien or claim for county, school district, or municipal ad valorem
453	453	taxes.
454	454	(d) The board may make a correction to or deletion from the
455	455	assessment roll that does not increase the amount of assessment of
456	456	any parcel of land without providing notice and holding a hearing in
457	457	the manner required for additional assessments.
458	458	(e) The district may not impose an impact fee on the
459	459	property, including equipment and facilities, of a public utility
460	460	provider in the district.
461	461	Sec. 3894.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
462	462	Section 375.161, Local Government Code, does not apply to the
463	463	district.
464	464	Sec. 3894.155. MAINTENANCE AND OPERATION TAX; ELECTION.
465	465	(a) Except as provided by Section 3894.161, the district may
466	466	impose a tax for maintenance and operation purposes, including for:
467	467	(1) planning, constructing, acquiring, maintaining,
468	468	repairing, and operating all improvement projects, including land,
469	469	plants, works, facilities, improvements, appliances, and equipment
470	470	of the district; and
471	471	(2) paying costs of services, engineering and legal
472	472	fees, and organization and administrative expenses.
473	473	(b) The district may not impose a maintenance and operation
474	474	tax unless the maximum tax rate is approved by the governing body of
475	475	the city and a majority of the district voters voting at an election
476	476	held for that purpose. If the maximum tax rate is approved, the
477	477	board may impose the tax at any rate that does not exceed the
478	478	approved rate.
479	479	(c) A maintenance and operation tax election may be held at
480	480	the same time and in conjunction with any other district election.
481	481	The election may be called by a separate election order or as part
482	482	of any other election order.
483	483	(d) The proposition in a maintenance and operation tax
484	484	election may be for a specific maximum rate.
485	485	Sec. 3894.156. USE OF SURPLUS MAINTENANCE AND OPERATION
486	486	MONEY. If the district has surplus maintenance and operation tax
487	487	money that is not needed for the purposes for which it was
488	488	collected, the money may be used for any authorized purpose.
489	489	Sec. 3894.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
490	490	BONDS. The district may not issue bonds until the governing body of
491	491	the city approves a bond issuance plan authorizing and setting
492	492	forth the limitations on the issuance of the bonds.
493	493	Sec. 3894.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
494	494	APPROVAL. (a) Except as provided by Sections 3894.157 and
495	495	3894.161, the district may issue, by competitive bid or negotiated
496	496	sale, bonds, notes, or other obligations payable wholly or partly
497	497	from ad valorem taxes or assessments in the manner provided by
498	498	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
499	499	Government Code.
500	500	(b) In exercising the district's borrowing power, the
501	501	district may issue a bond or other obligation in the form of a bond,
502	502	note, certificate of participation or other instrument evidencing a
503	503	proportionate interest in payments to be made by the district, or
504	504	other type of obligation.
505	505	(c) In addition to the sources of money described by
506	506	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
507	507	Government Code, district bonds may be secured and made payable
508	508	wholly or partly by a pledge of any part of the net proceeds the
509	509	district receives from any other district revenue.
510	510	Sec. 3894.159. BOND MATURITY. Bonds may mature not more
511	511	than 40 years from their date of issue.
512	512	Sec. 3894.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
513	513	(a) At the time bonds or other obligations payable wholly or
514	514	partly from ad valorem taxes are issued:
515	515	(1) the board shall impose a continuing direct annual
516	516	ad valorem tax, without limit as to rate or amount, for each year
517	517	that all or part of the bonds are outstanding; and
518	518	(2) the district annually shall impose an ad valorem
519	519	tax on all taxable property in the district in an amount sufficient
520	520	to:
521	521	(A) pay the interest on the bonds or other
522	522	obligations as the interest becomes due;
523	523	(B) create a sinking fund for the payment of the
524	524	principal of the bonds or other obligations when due or the
525	525	redemption price at any earlier required redemption date; and
526	526	(C) pay the expenses of imposing the taxes.
527	527	(b) Bonds or other obligations that are secured by and
528	528	payable from ad valorem taxes may not be issued unless the bonds and
529	529	the imposition of the taxes are approved by:
530	530	(1) a majority of the district voters voting at an
531	531	election held for that purpose; and
532	532	(2) the governing body of the city.
533	533	(c) The district shall hold an election required by this
534	534	section in the manner provided by Chapter 54, Water Code.
535	535	Sec. 3894.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
536	536	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
537	537	may issue bonds, impose taxes, or borrow money, the district and the
538	538	city must negotiate and execute a mutually approved and accepted
539	539	interlocal project development agreement regarding the development
540	540	plans and rules for:
541	541	(1) the development and operation of the district; and
542	542	(2) the financing of improvement projects.
543	543	Sec. 3894.162. CITY NOT REQUIRED TO PAY DISTRICT
544	544	OBLIGATIONS. Except as provided by Section 375.263, Local
545	545	Government Code, the city is not required to pay a bond, note, or
546	546	other obligation of the district.
547	547	[Sections 3894.163-3894.200 reserved for expansion]
548	548	SUBCHAPTER E. DISSOLUTION
549	549	Sec. 3894.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
550	550	city by ordinance adopts by a two-thirds vote of its governing body
551	551	an ordinance to dissolve the district, the district is dissolved.
552	552	(b) The district may not be dissolved until the district's
553	553	outstanding indebtedness or contractual obligations payable from
554	554	ad valorem taxes have been repaid or discharged.
555	555	(c) The district may not be dissolved until the agreement
556	556	under Section 3894.161 has been executed and the district's
557	557	performance under the agreement has been fulfilled, including any
558	558	right or obligation the district has to reimburse a developer or
559	559	owner for the costs of improvement projects.
560	560	Sec. 3894.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
561	561	(a) If the dissolved district has bonds or other obligations
562	562	outstanding secured by and payable from assessments or other
563	563	revenue, other than ad valorem taxes, the city succeeds to the
564	564	rights and obligations of the district regarding enforcement and
565	565	collection of the assessments or other revenue.
566	566	(b) If the district is dissolved, the city has and may
567	567	exercise all district powers to enforce and collect the assessments
568	568	or other revenue to pay:
569	569	(1) the bonds or other obligations when due and
570	570	payable according to their terms; or
571	571	(2) special revenue or assessment bonds or other
572	572	obligations issued by the city to refund the outstanding bonds or
573	573	obligations.
574	574	Sec. 3894.203. ASSUMPTION OF ASSETS AND LIABILITIES.
575	575	(a) The district may not be dissolved by the city unless the city
576	576	assumes the obligations of the district, including any bonds or
577	577	other indebtedness payable from assessments or other district
578	578	revenue.
579	579	(b) If the city dissolves the district, the board shall
580	580	transfer ownership of all district property to the city.
581	581	SECTION 2. The Rowlett Downtown Management District
582	582	initially includes all territory contained in the following area:
583	583	BEING approximately 19 acres of land located in the Thomas
584	584	Payne Survey, Abstract No. 1165, and approximately 19 acres of land
585	585	located in the William Crabtree Survey, Abstract No. 347, City of
586	586	Rowlett, Dallas County, Texas. Said 38 combined acres of land being
587	587	more particularly described by metes and bounds as follows:
588	588	BEGINNING at a 1/2" iron pipe found in the South boundary line
589	589	of said Payne Survey, and the North boundary line of said Crabtree
590	590	Survey, at the point of intersection of said Survey line with the
591	591	South right-of-way line of The Dallas Area Rapid Transit railroad,
592	592	and said Point Of Beginning also being the West corner of the tract
593	593	of land conveyed to the City of Rowlett by the deed recorded in
594	594	Volume 2004067, page 04282 of the Deed Records of Dallas County,
595	595	Texas;
596	596	THENCE Northeasterly, approximately 166 feet, along the
597	597	South right-of-way line of said Dallas Area Rapid Transit railroad
598	598	to a point at the intersection of the West right-of-way line of
599	599	Commerce Street;
600	600	THENCE Northeasterly, approximately 114 feet, crossing said
601	601	Dallas Area Rapid Transit railroad to a point in the North
602	602	right-of-way line of said railroad, lying at the most Southerly
603	603	Southeast corner of Lot 5, Block 5, Rowlett Business Park, No. 2, an
604	604	addition to the City of Rowlett, Dallas County, Texas, according to
605	605	the plat recorded in Volume 82015, page 1127 of the Deed Records of
606	606	Dallas County, Texas;
607	607	THENCE Northerly, approximately 155 feet, along the most
608	608	Southerly East boundary line of said Lot 5, and the West boundary
609	609	line of the tract of land conveyed to the City of Rowlett by the deed
610	610	recorded in Volume 99034, page 4307 of the Deed Records of Dallas
611	611	County, Texas, to a point at the Northwest corner of said City of
612	612	Rowlett tract, being the Southwest corner of the tract of land
613	613	conveyed to the City of Rowlett by the deed recorded in Volume
614	614	99083, page 2213 of the Deed Records of Dallas County, Texas;
615	615	THENCE Northerly, approximately 285 feet, along the West
616	616	boundary line of said City of Rowlett tract recorded in Volume
617	617	99083, page 2213 of the Deed Records of Dallas County, Texas, to a
618	618	point in the North right-of-way line of Melcer Drive;
619	619	THENCE Easterly, approximately 837 feet, along the North
620	620	right-of-way line of said Melcer Drive, to a point in the West
621	621	right-of-way line of Martin Drive;
622	622	THENCE Northerly, approximately 820 feet, along the West
623	623	right-of-way line of said Martin Drive, to a point in the South
624	624	right-of-way line of Lakeview Parkway;
625	625	THENCE Easterly, approximately 195 feet, along the South
626	626	right-of-way line of said Lakeview Parkway, to a point at the
627	627	Northeast corner of Lot 1, Block 1, Carlisle Subdivision, an
628	628	addition to the City of Rowlett, Dallas County, Texas, according to
629	629	the plat recorded in Volume 85081, page 1854 of the Deed Records of
630	630	Dallas County, Texas;
631	631	THENCE Southerly, approximately 201 along the East boundary
632	632	line of said Lot 1, Block 1, Carlisle Subdivision, to a point at the
633	633	Southeast corner of said Lot 1;
634	634	THENCE Westerly, approximately 145 feet along the South
635	635	boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
636	636	point in the East right-of-way line of aforesaid Martin Drive;
637	637	THENCE Southerly, approximately 217 feet, along the East
638	638	right-of-way line of said Martin Drive, to a point in the North
639	639	right-of-way line of Industrial Street;
640	640	THENCE Easterly, approximately 1,251 feet along the North
641	641	right-of-way line of said Industrial Street, being the South
642	642	boundary line of Block 3, of aforesaid Rowlett Business Park, No. 2,
643	643	to a point at the most Easterly Southeast corner of Lot 11 of said
644	644	Block 3, Rowlett Business Park No. 2;
645	645	THENCE Southerly, approximately 544 feet, crossing said
646	646	Industrial Street, and running along the East boundary line of Lot
647	647	24, of Block 5 of said Rowlett Business Park No. 2, to a point at the
648	648	Southeast corner of said Lot 24, lying in the North right-of-way
649	649	line of aforesaid Dallas Area Rapid Transit railroad;
650	650	THENCE Southwesterly, approximately 453 feet, along the
651	651	North right-of-way line of said Dallas Area Rapid Transit railroad,
652	652	and the South boundary line of said Block 5, Rowlett Business Park
653	653	No. 2, to a point at the Southwest corner of Lot 22 of said Block 5,
654	654	Rowlett Business Park No. 2;
655	655	THENCE Northerly, approximately 522 feet, along the West
656	656	boundary line of said Lot 22, Block 5, Rowlett Business Park No. 2,
657	657	to a point at the Northwest corner of said Lot 22, lying in the South
658	658	right-of-way line of aforesaid Industrial Street;
659	659	THENCE Westerly, approximately 420 feet, along the South
660	660	right-of-way line of said Industrial Street, and the North boundary
661	661	line of said Block 5, Rowlett Business Park No. 2, to a point at the
662	662	Northeast corner of Lot 18 of said Block 5, Rowlett Business Park
663	663	No. 2;
664	664	THENCE Southerly, approximately 625 feet, along the East
665	665	boundary line of said Lot 18, Block 5, Rowlett Business Park No. 2,
666	666	to a point at the Southeast corner of said Lot 18, lying in the North
667	667	right-of-way line of aforesaid Dallas Area Rapid Transit railroad;
668	668	THENCE along the North right-of-way line of said Dallas Area
669	669	Rapid Transit railroad as follows:
670	670	1. Southwesterly, approximately 377 feet, along the
671	671	South boundary line of Lot 14, and 18, of said Block 5,
672	672	Rowlett Business Park No. 2, to a point at the Southwest
673	673	corner of said Lot 14, lying in the East boundary line of Lot
674	674	13, of said Block 5;
675	675	2. Southeasterly, approximately 25 feet, along the
676	676	East boundary line of said Lot 13, Block 5, to a point at the
677	677	Southeast corner of said Lot 13;
678	678	3. Southwesterly, approximately 343 feet, along the
679	679	South boundary line of Lots 11, 12, and 13 of said Block 5,
680	680	Rowlett Business Park No. 2, to a point at the Southwest
681	681	corner of said Lot 11;
682	682	THENCE Northwesterly, approximately 155 feet, along the West
683	683	boundary line of said Lot 11, Block 5, Rowlett Business Park No. 2,
684	684	to a point in the most Northerly South boundary line of said Lot 11;
685	685	THENCE Southwesterly, approximately 11 feet, along the most
686	686	Northerly South boundary line of said Lot 11, to a point at the most
687	687	Westerly Southwest corner of said Lot 11;
688	688	THENCE Northerly, approximately 157 feet, along the West
689	689	boundary line of said Lot 11, to a point at the Northwest corner of
690	690	said Lot 11, lying in the South right-of-way line of aforesaid
691	691	Melcer Drive;
692	692	THENCE Westerly, approximately 500 feet, along the South
693	693	right-of-way line of said Melcer Drive, and the most Southerly,
694	694	North boundary line of said Block 5, Rowlett Business Park No. 2, to
695	695	a point at the Northwest corner of Lot 6 of said Block 5, being the
696	696	Northeast corner of the aforesaid tract of land conveyed to the City
697	697	of Rowlett by the deed recorded in Volume 99083, page 2213 of the
698	698	Deed Records of Dallas County, Texas;
699	699	THENCE Southerly, approximately 226 feet, along the East
700	700	boundary line of said City of Rowlett tract, and the West boundary
701	701	line of said Lot 6, to a point at the Southwest corner of said Lot 6,
702	702	and the Southeast corner of Lot 5, of said Block 5, Rowlett Business
703	703	Park No. 2;
704	704	THENCE Southwesterly, approximately 11 feet, along the South
705	705	boundary line of said Lot 5, to a point at the Northeast corner of
706	706	the aforesaid tract of land conveyed to the City of Rowlett by the
707	707	deed recorded in Volume 99034, page 4307 of the Deed Records of
708	708	Dallas County, Texas;
709	709	THENCE Southerly, approximately 169 feet, along the East
710	710	boundary line of said City of Rowlett tract recorded in Volume
711	711	99034, page 4307, and continuing to a point;
712	712	THENCE Southwesterly, approximately 97 feet, crossing the
713	713	aforesaid Dallas Area Rapid Transit railroad, to a point in the
714	714	South right-of-way line of said railroad, being the North boundary
715	715	line of the aforesaid tract of land conveyed to the City of Rowlett
716	716	by the deed recorded in Volume 2004067, page 04282 of the Deed
717	717	Records of Dallas County, Texas;
718	718	THENCE Northeasterly, approximately 362 feet, along the
719	719	South right-of-way line of said Dallas Area Rapid Transit railroad,
720	720	and the North boundary line of said City of Rowlett tract recorded
721	721	in Volume 2004067, page 04282, to a point at the Northeast corner of
722	722	said City of Rowlett tract;
723	723	THENCE Southeasterly, approximately 99 feet, along the East
724	724	boundary line of said City of Rowlett tract, to a point at the
725	725	Southeast corner of said City of Rowlett tract, lying in the South
726	726	boundary line of the tract of land conveyed to Jeffrey D. Mayhall,
727	727	and wife Camille Mayhall by the deed recorded in Volume 96198, page
728	728	1273 of the Deed Records of Dallas County, Texas;
729	729	THENCE Easterly, approximately 190 feet along the South
730	730	boundary line of said Mayhall tract to a point at the Southeast
731	731	corner of said Mayhall tract;
732	732	THENCE Southerly, approximately 10 feet to a point in the
733	733	North boundary line of Lot 1, Block B, Municipal Complex Addition,
734	734	to the City of Rowlett, Dallas County, Texas according to the plat
735	735	recorded in County Clerk's file No. 2006002238027 of the Deed
736	736	Records of Dallas County, Texas;
737	737	THENCE Easterly, approximately 51 feet, along the North
738	738	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
739	739	a point at the Northeast corner of said Lot 1, Block B;
740	740	THENCE Southerly, approximately 137 feet, along the East
741	741	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
742	742	a point at the Southeast corner of said Lot 1, Block B, lying in the
743	743	North right-of-way line of Main Street;
744	744	THENCE Northeasterly, approximately 482 feet, along the
745	745	North right-of-way line of said Main Street, to a point in the West
746	746	right-of-way line of Skyline Drive;
747	747	THENCE Southerly, approximately 87 feet, crossing said Main
748	748	Street, to a point at the Northeast corner of Lot 1, Block A,
749	749	Municipal Complex Addition, to the City of Rowlett, Dallas County,
750	750	Texas, according to the plat recorded in Volume 95327, page 2810 of
751	751	the Deed Records of Dallas County, Texas;
752	752	THENCE Southerly, approximately 425 feet, along the East
753	753	boundary line of said Lot 1, Block B, Municipal Complex Addition,
754	754	and the West right-of-way line of aforesaid Skyline Drive, to a
755	755	point at the Southeast corner of said Lot 1, Block A, being the
756	756	Northeast corner of Lot 1, Block 1, South Ridge Addition, No. 3, and
757	757	addition to the City of Rowlett, Dallas County, Texas, according to
758	758	the plat recorded in Volume 69117, page 2087 of the Deed Records of
759	759	Dallas County, Texas;
760	760	THENCE Westerly, approximately 150 feet along the North
761	761	boundary line of said Lot 1, Block 1, South Ridge Addition, No. 3,
762	762	to a point at the Northwest corner of said Lot 1, Block 1, South
763	763	Ridge Addition, No. 3;
764	764	THENCE Southerly, approximately 498 feet, along the West
765	765	boundary line of said Block 1, South Ridge Addition, No. 3, to a
766	766	point;
767	767	THENCE Westerly, approximately 360 feet, along the North
768	768	boundary line of Lot 7, Block 1, and Lot 1, Block 6 of said South
769	769	Ridge Addition, No. 3, to a point;
770	770	THENCE Southerly, approximately 20 feet, to a point at the
771	771	Northeast corner of Lot 2, Block 6, South Ridge Addition, No. 4, an
772	772	addition to the City of Rowlett, Dallas County, Texas, according to
773	773	the plat recorded in Volume 76104, page 1684 of the Deed Records of
774	774	Dallas County, Texas;
775	775	THENCE Westerly, approximately 185 feet, along the North
776	776	boundary line of said Lot 2, Block 6, South Ridge Addition, No. 4,
777	777	to a point in the West right-of-way line of Aspen Drive;
778	778	THENCE Southerly, approximately 32 feet, along the West
779	779	right-of-way line of said ASPEN DRIVE, to a point at the Northeast
780	780	corner of Lot 12, Block 7 of said South Ridge Addition, No. 4;
781	781	THENCE Westerly, approximately 150 feet, along the North
782	782	boundary line of said Lot 12, Block 7, South Ridge Addition, No. 4,
783	783	to a point at the Northwest corner of said Lot 12, Block 7;
784	784	THENCE Northerly, approximately 740 feet, to a point at the
785	785	Northwest of Lot 3, Block A, of aforesaid Municipal Complex
786	786	Addition, to the City of Rowlett, Dallas County, Texas, according
787	787	to the plat recorded in Volume 95237, page 2810 of the Deed Records
788	788	of Dallas County, Texas;
789	789	THENCE Easterly, approximately 131 feet, along the most
790	790	Southerly North boundary line of said Lot 3, Block A, Municipal
791	791	Complex Addition, to a point;
792	792	THENCE Northerly, approximately 163 feet, along the most
793	793	Easterly, West boundary line of said Lot 3, Block A, Municipal
794	794	Complex Addition, to a point at the Northwest corner of said Lot 3,
795	795	lying in the South right-of-way line of aforesaid Main Street;
796	796	THENCE Southwesterly, approximately 65 feet, along the South
797	797	right-of-way line of said Main Street, to a point at the Northeast
798	798	corner of Lot 43, Original Town Of Rowlett, an addition to the City
799	799	of Rowlett, Dallas County, Texas, according to the plat recorded in
800	800	Volume 2, page 217 of the Map Records of Dallas County, Texas;
801	801	THENCE Southerly, approximately 90 feet, along the East
802	802	boundary line of said Lot 43, to a point at the Southeast corner of
803	803	said Lot 43;
804	804	THENCE Westerly, approximately 50 feet, along the South
805	805	boundary line of Lot 42, and 43 of said Original Town Of Rowlett, to
806	806	a point at the Southwest corner of said Lot 42;
807	807	THENCE Northerly, approximately 90 feet, along the West
808	808	boundary line of said Lot 42, to a point at the Northwest corner of
809	809	said Lot 42, lying in the South right-of-way of aforesaid Main
810	810	Street;
811	811	THENCE Westerly, approximately 300 feet, along the South
812	812	right-of-way line of said Main Street, and the North boundary line
813	813	of Lots 33, through 41, of said Original Town Of Rowlett, to a point
814	814	in the West right-of-way line of aforesaid Commerce Street, and the
815	815	East boundary line of Lot 28 of said Original Town Of Rowlett;
816	816	THENCE Northerly, approximately 262 feet, along the West
817	817	right-of-way line of said Commerce Street, and the East boundary
818	818	line of Lots 19, through 28, of said Original Town Of Rowlett, to a
819	819	point in the North boundary line of aforesaid William Crabtree
820	820	Survey, and the South boundary line of the aforesaid Thomas Payne
821	821	Survey;
822	822	THENCE Westerly, approximately 164 feet, along said Survey
823	823	line to the Point Of Beginning, containing approximately 38 acres
824	824	of land.
825	825	The foregoing 38 acres description saves and excepts all
826	826	portions thereof, and contained therein of Lots 7 through 18 of the
827	827	Original Town of Rowlett, as indicated on the plat recorded in
828	828	Volume 2, Page 217 of the Map Records of Dallas County, Texas.
829	829	SECTION 3. (a) The legal notice of the intention to
830	830	introduce this Act, setting forth the general substance of this
831	831	Act, has been published as provided by law, and the notice and a
832	832	copy of this Act have been furnished to all persons, agencies,
833	833	officials, or entities to which they are required to be furnished
834	834	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
835	835	Government Code.
836	836	(b) The governor, one of the required recipients, has
837	837	submitted the notice and Act to the Texas Commission on
838	838	Environmental Quality.
839	839	(c) The Texas Commission on Environmental Quality has filed
840	840	its recommendations relating to this Act with the governor,
841	841	lieutenant governor, and speaker of the house of representatives
842	842	within the required time.
843	843	(d) The general law relating to consent by political
844	844	subdivisions to the creation of districts with conservation,
845	845	reclamation, and road powers and the inclusion of land in those
846	846	districts has been complied with.
847	847	(e) All requirements of the constitution and laws of this
848	848	state and the rules and procedures of the legislature with respect
849	849	to the notice, introduction, and passage of this Act have been
850	850	fulfilled and accomplished.
851	851	SECTION 4. This Act takes effect immediately if it receives
852	852	a vote of two-thirds of all the members elected to each house, as
853	853	provided by Section 39, Article III, Texas Constitution. If this
854	854	Act does not receive the vote necessary for immediate effect, this
855	855	Act takes effect September 1, 2009.
856	856	* * * * *