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Texas Senate Bill SB2562

Texas 2009 - 81st Regular

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11 By: Deuell S.B. No. 2562
22 (In the Senate - Filed April 24, 2009; April 27, 2009, read
33 first time and referred to Committee on Intergovernmental
44 Relations; May 18, 2009, reported adversely, with favorable
55 Committee Substitute by the following vote: Yeas 5, Nays 0;
66 May 18, 2009, sent to printer.)
77 COMMITTEE SUBSTITUTE FOR S.B. No. 2562 By: Nichols
88
99
1010 A BILL TO BE ENTITLED
1111 AN ACT
1212 relating to the creation of the Rowlett Waterfront Entertainment
1313 Management District; providing authority to impose a tax, levy an
1414 assessment, and issue bonds.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1717 Code, is amended by adding Chapter 3896 to read as follows:
1818 CHAPTER 3896. ROWLETT WATERFRONT ENTERTAINMENT MANAGEMENT
1919 DISTRICT
2020 SUBCHAPTER A. GENERAL PROVISIONS
2121 Sec. 3896.001. DEFINITIONS. In this chapter:
2222 (1) "Board" means the district's board of directors.
2323 (2) "City" means the City of Rowlett, Texas.
2424 (3) "Director" means a member of the board.
2525 (4) "District" means the Rowlett Waterfront
2626 Entertainment Management District.
2727 (5) "Improvement project" means any program or project
2828 authorized by Section 3896.102, inside or outside the district.
2929 Sec. 3896.002. CREATION AND NATURE OF DISTRICT. The
3030 district is a special district created under Sections 52 and 52-a,
3131 Article III, and Section 59, Article XVI, Texas Constitution.
3232 Sec. 3896.003. PURPOSE; DECLARATION OF INTENT. (a) The
3333 creation of the district is essential to accomplish the purposes of
3434 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3535 Texas Constitution, and other public purposes stated in this
3636 chapter. By creating the district and in authorizing the city and
3737 other political subdivisions to contract with the district, the
3838 legislature has established a program to accomplish the public
3939 purposes set out in Section 52-a, Article III, Texas Constitution.
4040 (b) The creation of the district is necessary to promote,
4141 develop, encourage, and maintain employment, commerce,
4242 transportation, housing, tourism, recreation, the arts,
4343 entertainment, economic development, safety, and the public
4444 welfare in the district.
4545 (c) This chapter and the creation of the district may not be
4646 interpreted to relieve the city or Dallas County from providing the
4747 level of services provided as of the effective date of the Act
4848 creating this chapter to the area in the district. The district is
4949 created to supplement and not to supplant the city and county
5050 services provided in the district.
5151 Sec. 3896.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
5252 (a) The district is created to serve a public use and benefit.
5353 (b) All land and other property included in the district
5454 will benefit from the improvements and services to be provided by
5555 the district under powers conferred by Sections 52 and 52-a,
5656 Article III, and Section 59, Article XVI, Texas Constitution, and
5757 other powers granted under this chapter.
5858 (c) The creation of the district is in the public interest
5959 and is essential to further the public purposes of:
6060 (1) developing and diversifying the economy of the
6161 state;
6262 (2) eliminating unemployment and underemployment; and
6363 (3) developing or expanding transportation and
6464 commerce.
6565 (d) The district will:
6666 (1) promote the health, safety, and general welfare of
6767 residents, employers, employees, potential employees, visitors,
6868 and consumers in the district, and of the public;
6969 (2) provide needed funding for the district to
7070 preserve, maintain, and enhance the economic health and vitality of
7171 the district territory as a community and business center; and
7272 (3) promote the health, safety, welfare, and enjoyment
7373 of the public by providing pedestrian ways and by landscaping and
7474 developing certain areas in the district, which are necessary for
7575 the restoration, preservation, and enhancement of scenic and
7676 aesthetic beauty.
7777 (e) Pedestrian ways along or across a street, whether at
7878 grade or above or below the surface, and street lighting, street
7979 landscaping, parking, and street art objects are parts of and
8080 necessary components of a street and are considered to be an
8181 improvement project that includes a street or road improvement.
8282 (f) The district will not act as the agent or
8383 instrumentality of any private interest even though the district
8484 will benefit many private interests as well as the public.
8585 Sec. 3896.005. DISTRICT TERRITORY. (a) The district is
8686 composed of the territory described by Section 2 of the Act creating
8787 this chapter, as that territory may have been modified under
8888 Section 3896.108 or other law.
8989 (b) The boundaries and field notes of the district contained
9090 in Section 2 of the Act creating this chapter form a closure. A
9191 mistake in the field notes of the district contained in Section 2 of
9292 the Act creating this chapter or in copying the field notes in the
9393 legislative process does not in any way affect:
9494 (1) the district's organization, existence, or
9595 validity;
9696 (2) the district's right to contract, including the
9797 right to issue any type of bond or other obligation for a purpose
9898 for which the district is created;
9999 (3) the district's right to impose or collect an
100100 assessment, tax, or any other revenue; or
101101 (4) the legality or operation of the board.
102102 Sec. 3896.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
103103 ZONES. (a) All or any part of the area of the district is
104104 eligible, regardless of other statutory criteria, to be included
105105 in:
106106 (1) a tax increment reinvestment zone created by the
107107 city under Chapter 311, Tax Code; or
108108 (2) a tax abatement reinvestment zone created by the
109109 city under Chapter 312, Tax Code.
110110 (b) All or any part of the area of the district is eligible
111111 to be nominated for inclusion in an enterprise zone by the city
112112 under Chapter 2303, Government Code.
113113 Sec. 3896.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
114114 DISTRICTS LAW. Except as otherwise provided by this chapter,
115115 Chapter 375, Local Government Code, applies to the district.
116116 Sec. 3896.008. LIBERAL CONSTRUCTION OF CHAPTER. This
117117 chapter shall be liberally construed in conformity with the
118118 findings and purposes stated in this chapter.
119119 [Sections 3896.009-3896.050 reserved for expansion]
120120 SUBCHAPTER B. BOARD OF DIRECTORS
121121 Sec. 3896.051. BOARD OF DIRECTORS. The district is
122122 governed by a board of five directors appointed under Section
123123 3896.052 and three directors serving ex officio under Section
124124 3896.053.
125125 Sec. 3896.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
126126 mayor and governing body of the city shall appoint voting
127127 directors. A person is appointed if a majority of the members of
128128 the governing body, including the mayor, vote to appoint that
129129 person. A member of the governing body of the city may not be
130130 appointed to the board.
131131 (b) Section 375.063, Local Government Code, does not apply
132132 to the district.
133133 (c) The appointed directors serve staggered terms of four
134134 years, with two or three directors' terms expiring June 1 of each
135135 odd-numbered year.
136136 (d) A person may not be appointed to the board if the
137137 appointment of that person would result in fewer than three of the
138138 directors residing in the city.
139139 (e) The governing body of the city shall appoint a director
140140 to fill a vacancy that occurs on the board.
141141 (f) District directors are public officials entitled to
142142 governmental immunity for their official actions.
143143 Sec. 3896.053. NONVOTING DIRECTORS. (a) The following
144144 persons serve as nonvoting ex officio directors:
145145 (1) the manager of the city;
146146 (2) the financial director of the city; and
147147 (3) the planning director of the city.
148148 (b) If an office described by Subsection (a) is renamed,
149149 changed, or abolished, the governing body of the city may appoint
150150 another city officer or employee who performs duties comparable to
151151 those performed by the officer described by Subsection (a).
152152 Sec. 3896.054. CONFLICTS OF INTEREST. (a) Except as
153153 provided by Section 3896.053 or this section:
154154 (1) a director may participate in all board votes and
155155 decisions; and
156156 (2) Chapter 171, Local Government Code, governs
157157 conflicts of interest of board members.
158158 (b) A director who has a beneficial interest in a business
159159 entity that will receive a pecuniary benefit from an action of the
160160 board may participate in discussion and vote on that action if a
161161 majority of the board has a similar interest in the same action or
162162 if all other similar business entities in the district will receive
163163 a similar pecuniary benefit.
164164 (c) A director who is also an officer or employee of a public
165165 entity may not participate in a discussion of or vote on a matter
166166 regarding a contract with that same public entity.
167167 Sec. 3896.055. DIRECTOR'S OATH OR AFFIRMATION. A
168168 director's oath or affirmation of office shall be filed with the
169169 district and the district shall retain the oath or affirmation in
170170 the district records.
171171 Sec. 3896.056. OFFICERS. The board shall elect from among
172172 the directors a chair, vice chair, and secretary.
173173 Sec. 3896.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
174174 EXPENSES. A director is not entitled to compensation for service on
175175 the board but is entitled to be reimbursed for necessary expenses
176176 incurred in carrying out the duties and responsibilities of a
177177 director.
178178 Sec. 3896.058. INITIAL DIRECTORS. (a) The initial board
179179 consists of the following directors:
180180 (1)__________________________________;
181181 (2)__________________________________;
182182 (3)__________________________________;
183183 (4)__________________________________; and
184184 (5)__________________________________.
185185 (b) Of the initial directors, the terms of directors
186186 appointed for positions 1 and 2 expire June 1, 2011, and the terms
187187 of directors appointed for positions 3 through 5 expire June 1,
188188 2013.
189189 (c) This section expires September 1, 2013.
190190 Sec. 3896.059. QUORUM. For purposes of determining whether
191191 a quorum of the board is present, the following are not counted:
192192 (1) a board position vacant for any reason, including
193193 death, resignation, or disqualification;
194194 (2) a director who is abstaining from participation in
195195 a vote because of a conflict of interest; or
196196 (3) a nonvoting director.
197197 [Sections 3896.060-3896.100 reserved for expansion]
198198 SUBCHAPTER C. POWERS AND DUTIES
199199 Sec. 3896.101. GENERAL POWERS AND DUTIES. The district has
200200 the powers and duties provided by:
201201 (1) the general laws relating to conservation and
202202 reclamation districts created under Section 59, Article XVI, Texas
203203 Constitution, including Chapters 49 and 54, Water Code;
204204 (2) the general laws relating to road districts and
205205 road utility districts created under Section 52(b), Article III,
206206 Texas Constitution, including Chapter 441, Transportation Code;
207207 (3) Subchapter A, Chapter 372, Local Government Code,
208208 in the same manner as a municipality or a county;
209209 (4) Chapter 375, Local Government Code; and
210210 (5) Chapter 505, Local Government Code, as if the
211211 district were a municipality to which that chapter applies.
212212 Sec. 3896.102. IMPROVEMENT PROJECTS. (a) The district may
213213 provide, or it may enter into contracts with a governmental or
214214 private entity to provide, the following types of improvement
215215 projects or activities in support of or incidental to those
216216 projects:
217217 (1) a supply and distribution facility or system to
218218 provide potable and city-approved nonpotable water to the residents
219219 and businesses of the district, including a wastewater collection
220220 facility;
221221 (2) a paved road or street, inside and outside the
222222 district, to the extent authorized by Section 52, Article III,
223223 Texas Constitution;
224224 (3) the planning, design, construction, improvement,
225225 and maintenance of:
226226 (A) landscaping;
227227 (B) highway right-of-way or transit corridor
228228 beautification and improvement;
229229 (C) lighting, banners, and signs;
230230 (D) a street or sidewalk;
231231 (E) a hiking and cycling path or trail;
232232 (F) a pedestrian walkway, skywalk, crosswalk, or
233233 tunnel;
234234 (G) a park, lake, garden, recreational facility,
235235 sports facility, open space, scenic area, or related exhibit or
236236 preserve;
237237 (H) a fountain, plaza, or pedestrian mall; or
238238 (I) a drainage or storm-water detention
239239 improvement;
240240 (4) protection and improvement of the quality of storm
241241 water that flows through the district;
242242 (5) the planning, design, construction, improvement,
243243 maintenance, and operation of:
244244 (A) a water or sewer facility; or
245245 (B) an off-street parking facility or heliport;
246246 (6) the planning and acquisition of:
247247 (A) public art and sculpture and related exhibits
248248 and facilities; or
249249 (B) an educational and cultural exhibit or
250250 facility;
251251 (7) the planning, design, construction, acquisition,
252252 lease, rental, improvement, maintenance, installation, and
253253 management of and provision of furnishings for a facility for:
254254 (A) a conference, convention, or exhibition;
255255 (B) a manufacturer, consumer, or trade show;
256256 (C) a civic, community, or institutional event;
257257 or
258258 (D) an exhibit, display, attraction, special
259259 event, or seasonal or cultural celebration or holiday;
260260 (8) the removal, razing, demolition, or clearing of
261261 land or improvements in connection with an improvement project;
262262 (9) the acquisition and improvement of land or other
263263 property for the mitigation of the environmental effects of an
264264 improvement project;
265265 (10) the planning, design, construction, improvement,
266266 maintenance, and operation of alternative power generation
267267 facilities, including but not limited to solar, geothermal, and
268268 wind;
269269 (11) the acquisition of property or an interest in
270270 property in connection with an authorized improvement project;
271271 (12) a special or supplemental service for the
272272 improvement and promotion of the district or an area adjacent to the
273273 district or for the protection of public health and safety in or
274274 adjacent to the district, including:
275275 (A) advertising;
276276 (B) promotion;
277277 (C) tourism;
278278 (D) health and sanitation;
279279 (E) public safety;
280280 (F) security;
281281 (G) fire protection or emergency medical
282282 services;
283283 (H) business recruitment;
284284 (I) development;
285285 (J) elimination of traffic congestion; and
286286 (K) recreational, educational, or cultural
287287 improvements, enhancements, and services; or
288288 (13) any similar public improvement, facility, or
289289 service.
290290 (b) The district may not undertake an improvement project
291291 under this section unless the board determines the project to be
292292 necessary to accomplish a public purpose of the district.
293293 (c) An improvement project must comply with any applicable
294294 city requirements, including codes and ordinances.
295295 (d) The district may not provide, conduct, or authorize any
296296 improvement project on the city streets, highways, rights-of-way,
297297 or easements without the consent of the governing body of the city.
298298 (e) The district shall immediately comply with any city
299299 ordinance, order, or resolution that:
300300 (1) requires the district to transfer to the city the
301301 title to all or any portion of an improvement project; or
302302 (2) authorizes the district to own, encumber,
303303 maintain, and operate an improvement project, subject to the right
304304 of the city to order a conveyance of the project to the city on a
305305 date determined by the city.
306306 (f) For the purposes of this section, planning, design,
307307 construction, improvement, and maintenance of a lake include work
308308 done for drainage, reclamation, or recreation.
309309 Sec. 3896.103. GENERAL POWERS REGARDING CONTRACTS.
310310 (a) The district may:
311311 (1) contract with any person to accomplish any
312312 district purpose, including a contract for:
313313 (A) the payment, repayment, or reimbursement of
314314 costs incurred by that person on behalf of the district, including
315315 all or part of the costs of an improvement project and interest on
316316 the reimbursed cost; or
317317 (B) the use, occupancy, lease, rental,
318318 operation, maintenance, or management of all or part of a proposed
319319 or existing improvement project; and
320320 (2) apply for and contract with any person to receive,
321321 administer, and perform a duty or obligation of the district under a
322322 federal, state, local, or private gift, grant, loan, conveyance,
323323 transfer, bequest, or other financial assistance arrangement
324324 relating to the investigation, planning, analysis, study, design,
325325 acquisition, construction, improvement, completion,
326326 implementation, or operation by the district or others of a
327327 proposed or existing improvement project.
328328 (b) A contract the district enters into to carry out a
329329 purpose of this chapter may be on any terms and for any period the
330330 board determines, including a negotiable or nonnegotiable note or
331331 warrant payable to the city, Dallas County, and any other person.
332332 (c) Any person may contract with the district to carry out
333333 the purposes of this chapter without further statutory or other
334334 authorization.
335335 (d) A contract payable from ad valorem taxes for a period
336336 longer than one year must be approved by the governing body of the
337337 city.
338338 Sec. 3896.104. COMPETITIVE BIDDING. Section 375.221, Local
339339 Government Code, applies only to a district contract that has a
340340 value of more than $50,000.
341341 Sec. 3896.105. ECONOMIC DEVELOPMENT. The district may
342342 create economic development programs and exercise the economic
343343 development powers that:
344344 (1) Chapter 380, Local Government Code, provides to a
345345 municipality with a population of more than 100,000; and
346346 (2) Chapter 1509, Government Code, provides to a
347347 municipality.
348348 Sec. 3896.106. RULES; ENFORCEMENT. (a) The district may
349349 adopt rules:
350350 (1) to administer or operate the district;
351351 (2) for the use, enjoyment, availability, protection,
352352 security, and maintenance of the district's property and
353353 facilities; or
354354 (3) to provide for public safety and security in the
355355 district.
356356 (b) The district may enforce its rules by injunctive relief.
357357 (c) To the extent a district rule conflicts with a city
358358 rule, order, or regulation, the city rule, order, or regulation
359359 controls.
360360 Sec. 3896.107. NAME CHANGE. The board by resolution may
361361 change the district's name. The board shall give written notice of
362362 the change to the city.
363363 Sec. 3896.108. ADDING OR REMOVING TERRITORY. The board may
364364 add or remove territory under Subchapter J, Chapter 49, and Section
365365 54.016, Water Code, except that:
366366 (1) the addition or removal of the territory must be
367367 approved by:
368368 (A) the governing body of the city; and
369369 (B) the owners of the territory being added or
370370 removed;
371371 (2) a reference to a tax in Subchapter J, Chapter 49,
372372 or Section 54.016, Water Code, means an ad valorem tax; and
373373 (3) territory may not be removed from the district if
374374 bonds or other obligations of the district payable wholly or partly
375375 from ad valorem taxes on the territory are outstanding.
376376 Sec. 3896.109. NO EMINENT DOMAIN POWER. The district may
377377 not exercise the power of eminent domain.
378378 Sec. 3896.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
379379 COMPENSATION. The board may employ and establish the terms of
380380 employment and compensation of:
381381 (1) an executive director or general manager; or
382382 (2) any other district employee the board considers
383383 necessary.
384384 [Sections 3896.111-3896.150 reserved for expansion]
385385 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
386386 Sec. 3896.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
387387 Except as provided by Section 3896.161, the district may:
388388 (1) impose an ad valorem tax on all taxable property in
389389 the district, including industrial, commercial, and residential
390390 property, to pay for an improvement project;
391391 (2) impose an assessment on property in the district
392392 in the manner provided for:
393393 (A) a district under Subchapter F, Chapter 375,
394394 Local Government Code; or
395395 (B) a municipality or county under Subchapter A,
396396 Chapter 372, Local Government Code;
397397 (3) provide or secure the payment or repayment of the
398398 costs and expenses of the establishment, administration, and
399399 operation of the district and the district's costs or share of the
400400 costs or revenue of an improvement project or district contractual
401401 obligation or indebtedness by or through:
402402 (A) a lease, installment purchase contract, or
403403 other agreement with any person;
404404 (B) the imposition of a tax, assessment, user
405405 fee, concession fee, or rental charge; or
406406 (C) any other revenue or resource of the
407407 district;
408408 (4) establish user charges related to the operation of
409409 storm-water facilities, including the regulation of storm water for
410410 the protection of water quality in the district;
411411 (5) establish user charges for the use of nonpotable
412412 water for irrigation purposes, subject to the approval of the
413413 governing body of the city;
414414 (6) undertake separately or jointly with other
415415 persons, including the city or Dallas County, all or part of the
416416 cost of an improvement project, including an improvement project:
417417 (A) for improving, enhancing, and supporting
418418 public safety and security, fire protection and emergency medical
419419 services, and law enforcement in and adjacent to the district; or
420420 (B) that confers a general benefit on the entire
421421 district or a special benefit on a definable part of the district;
422422 and
423423 (7) enter into a tax abatement agreement in accordance
424424 with the general laws of this state authorizing and applicable to
425425 tax abatement agreements by municipalities.
426426 Sec. 3896.152. BORROWING MONEY. The district may borrow
427427 money for a district purpose by issuing or executing bonds, notes,
428428 credit agreements, or other obligations of any kind found by the
429429 board to be necessary or appropriate for the district purpose. The
430430 bond, note, credit agreement, or other obligation must be secured
431431 by and payable from ad valorem taxes, assessments, or other
432432 district revenue.
433433 Sec. 3896.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
434434 (a) The district may impose an impact fee or assessment on
435435 property in the district, including an impact fee or assessment on
436436 residential or commercial property, only in the manner provided by
437437 Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
438438 Government Code, for a municipality, county, or public improvement
439439 district, according to the benefit received by the property.
440440 (b) An impact fee for residential property must be for the
441441 limited purpose of providing capital funding for:
442442 (1) public water and wastewater facilities;
443443 (2) drainage and storm-water facilities; and
444444 (3) streets and alleys.
445445 (c) An assessment, a reassessment, or an assessment
446446 resulting from an addition to or correction of the assessment roll
447447 by the district, penalties and interest on an assessment or
448448 reassessment, or an expense of collection of an assessment,
449449 including reasonable attorney's fees, incurred by the district:
450450 (1) is a first and prior lien against the property
451451 assessed; and
452452 (2) is superior to any other lien or claim other than a
453453 lien or claim for county, school district, or municipal ad valorem
454454 taxes.
455455 (d) The board may make a correction to or deletion from the
456456 assessment roll that does not increase the amount of assessment of
457457 any parcel of land without providing notice and holding a hearing in
458458 the manner required for additional assessments.
459459 (e) The district may not impose an impact fee on the
460460 property, including equipment and facilities, of a public utility
461461 provider in the district.
462462 Sec. 3896.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
463463 Section 375.161, Local Government Code, does not apply to the
464464 district.
465465 Sec. 3896.155. MAINTENANCE AND OPERATION TAX; ELECTION.
466466 (a) Except as provided by Section 3896.161, the district may
467467 impose a tax for maintenance and operation purposes, including for:
468468 (1) planning, constructing, acquiring, maintaining,
469469 repairing, and operating all improvement projects, including land,
470470 plants, works, facilities, improvements, appliances, and equipment
471471 of the district; and
472472 (2) paying costs of services, engineering and legal
473473 fees, and organization and administrative expenses.
474474 (b) The district may not impose a maintenance and operation
475475 tax unless the maximum tax rate is approved by the governing body of
476476 the city and a majority of the district voters voting at an election
477477 held for that purpose. If the maximum tax rate is approved, the
478478 board may impose the tax at any rate that does not exceed the
479479 approved rate.
480480 (c) A maintenance and operation tax election may be held at
481481 the same time and in conjunction with any other district election.
482482 The election may be called by a separate election order or as part
483483 of any other election order.
484484 (d) The proposition in a maintenance and operation tax
485485 election may be for a specific maximum rate.
486486 Sec. 3896.156. USE OF SURPLUS MAINTENANCE AND OPERATION
487487 MONEY. If the district has surplus maintenance and operation tax
488488 money that is not needed for the purposes for which it was
489489 collected, the money may be used for any authorized purpose.
490490 Sec. 3896.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
491491 BONDS. The district may not issue bonds until the governing body of
492492 the city approves a bond issuance plan authorizing and setting
493493 forth the limitations on the issuance of the bonds.
494494 Sec. 3896.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
495495 APPROVAL. (a) Except as provided by Sections 3896.157 and
496496 3896.161, the district may issue, by competitive bid or negotiated
497497 sale, bonds, notes, or other obligations payable wholly or partly
498498 from ad valorem taxes or assessments in the manner provided by
499499 Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
500500 Government Code.
501501 (b) In exercising the district's borrowing power, the
502502 district may issue a bond or other obligation in the form of a bond,
503503 note, certificate of participation or other instrument evidencing a
504504 proportionate interest in payments to be made by the district, or
505505 other type of obligation.
506506 (c) In addition to the sources of money described by
507507 Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
508508 Government Code, district bonds may be secured and made payable
509509 wholly or partly by a pledge of any part of the net proceeds the
510510 district receives from any other district revenue.
511511 Sec. 3896.159. BOND MATURITY. Bonds may mature not more
512512 than 40 years from their date of issue.
513513 Sec. 3896.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
514514 (a) At the time bonds or other obligations payable wholly or
515515 partly from ad valorem taxes are issued:
516516 (1) the board shall impose a continuing direct annual
517517 ad valorem tax, without limit as to rate or amount, for each year
518518 that all or part of the bonds are outstanding; and
519519 (2) the district annually shall impose an ad valorem
520520 tax on all taxable property in the district in an amount sufficient
521521 to:
522522 (A) pay the interest on the bonds or other
523523 obligations as the interest becomes due;
524524 (B) create a sinking fund for the payment of the
525525 principal of the bonds or other obligations when due or the
526526 redemption price at any earlier required redemption date; and
527527 (C) pay the expenses of imposing the taxes.
528528 (b) Bonds or other obligations that are secured by and
529529 payable from ad valorem taxes may not be issued unless the bonds and
530530 the imposition of the taxes are approved by:
531531 (1) a majority of the district voters voting at an
532532 election held for that purpose; and
533533 (2) the governing body of the city.
534534 (c) The district shall hold an election required by this
535535 section in the manner provided by Chapter 54, Water Code.
536536 Sec. 3896.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
537537 IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
538538 may issue bonds, impose taxes, or borrow money, the district and the
539539 city must negotiate and execute a mutually approved and accepted
540540 interlocal project development agreement regarding the development
541541 plans and rules for:
542542 (1) the development and operation of the district; and
543543 (2) the financing of improvement projects.
544544 Sec. 3896.162. CITY NOT REQUIRED TO PAY DISTRICT
545545 OBLIGATIONS. Except as provided by Section 375.263, Local
546546 Government Code, the city is not required to pay a bond, note, or
547547 other obligation of the district.
548548 [Sections 3896.163-3896.200 reserved for expansion]
549549 SUBCHAPTER E. DISSOLUTION
550550 Sec. 3896.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
551551 city by ordinance adopts by a two-thirds vote of its governing body
552552 an ordinance to dissolve the district, the district is dissolved.
553553 (b) The district may not be dissolved until the district's
554554 outstanding indebtedness or contractual obligations payable from
555555 ad valorem taxes have been repaid or discharged.
556556 (c) The district may not be dissolved until the agreement
557557 under Section 3896.161 has been executed and the district's
558558 performance under the agreement has been fulfilled, including any
559559 right or obligation the district has to reimburse a developer or
560560 owner for the costs of improvement projects.
561561 Sec. 3896.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
562562 (a) If the dissolved district has bonds or other obligations
563563 outstanding secured by and payable from assessments or other
564564 revenue, other than ad valorem taxes, the city succeeds to the
565565 rights and obligations of the district regarding enforcement and
566566 collection of the assessments or other revenue.
567567 (b) If the district is dissolved, the city has and may
568568 exercise all district powers to enforce and collect the assessments
569569 or other revenue to pay:
570570 (1) the bonds or other obligations when due and
571571 payable according to their terms; or
572572 (2) special revenue or assessment bonds or other
573573 obligations issued by the city to refund the outstanding bonds or
574574 obligations.
575575 Sec. 3896.203. ASSUMPTION OF ASSETS AND LIABILITIES.
576576 (a) The district may not be dissolved by the city unless the city
577577 assumes the obligations of the district, including any bonds or
578578 other indebtedness payable from assessments or other district
579579 revenue.
580580 (b) If the city dissolves the district, the board shall
581581 transfer ownership of all district property to the city.
582582 SECTION 2. The Rowlett Waterfront Entertainment Management
583583 District initially includes all territory contained in the
584584 following area:
585585 BEING approximately 97.6 acres of land located in the J. D.
586586 ALSTON SURVEY, Abstract No. 7, and the O. V. LEDBETTER SURVEY,
587587 Abstract No. 790, City of Rowlett, Dallas County, Texas. Said 97.6
588588 acres of land being more particularly described by metes and bounds
589589 as follows:
590590 BEGINNING at a point at the Southeast corner of Harborview
591591 Addition No. 3, an addition to the City of Rowlett, Dallas County,
592592 Texas, according to the plat recorded in Volume 97214, page 2715 of
593593 the Deed Records of Dallas County, Texas, and said point of
594594 beginning also being the Southwest corner of the tract of land
595595 conveyed to RP ASSOCIATES, LLP by the deed recorded in Volume
596596 2002018, page 01522 of the Deed Records of Dallas County, Texas;
597597 THENCE Northeasterly, approximately 651 feet, along the East
598598 boundary line of said Harborview Addition No. 3, and the West
599599 boundary line of said RP Associates, LLP tract to a point at the
600600 Northeast corner of said HARBORVIEW ADDITION NO. 3, and the
601601 Southeast corner of Harborview Addition No. 2, an addition to the
602602 City of Rowlett, Dallas County, Texas, according to the plat
603603 recorded in Volume 96058, page 3079 of the Deed Records of Dallas
604604 County, Texas;
605605 THENCE Northeasterly, approximately 890 feet, along the East
606606 boundary line of said Harborview Addition No. 2, and the West
607607 boundary line of said RP Associates, LLP tract, to a point at the
608608 Northeast corner of said Harborview Addition No. 2, and the
609609 Southeast corner of Harborview Addition No. 1, an addition to the
610610 City of Rowlett, Dallas County, Texas, according to the plat
611611 recorded in Volume 94032, page 5571 of the Deed Records of Dallas
612612 County, Texas;
613613 THENCE Northerly, approximately 170 feet, along the East
614614 boundary line of said Harborview Addition No. 1, and the West
615615 boundary line of said RP Associates, LLP tract, to a point at the
616616 Northwest corner of said RP Associates, LLP tract;
617617 THENCE Northeasterly, approximately 683.31 feet, along the
618618 North boundary line of said RP Associates, LLP tract to a point at
619619 the Northeast corner of said RP Associates, LLP tract, and the West
620620 boundary line of the City Of Dallas, Lake Ray Hubbard take line;
621621 THENCE Southerly, approximately 2279 feet, along the East
622622 boundary line of said RP Associates, LLP tract, and the West
623623 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
624624 a point at the Southeast corner of said RP Associates, LLP tract,
625625 and the Northeast corner of the tract of land conveyed to Lake
626626 Horizons, L.L.C. by the deed recorded in Volume 99106, page 04449 of
627627 the Deed Records of Dallas County, Texas;
628628 THENCE Southerly, approximately 2026 feet, along the East
629629 boundary line of said Lake Horizons, L.L.C. tract, and the West
630630 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
631631 a concrete monument marked K24-8, at the Southeast corner of said
632632 Lake Horizons, L.L.C. tract;
633633 THENCE Westerly, approximately 1700 feet, along the South
634634 boundary line of said Lake Horizons, L.L.C. tract, and the North
635635 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
636636 a monument marked K24-3 at the Southwest corner of said Lake
637637 Horizons, L.L.C. tract;
638638 THENCE Northerly, approximately 956 feet along the West
639639 boundary line of said Lake Horizons, L.L.C. tract, and the East
640640 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
641641 a monument marked K26-8, at the Northwest corner of said Lake
642642 Horizons, L.L.C. tract, being the Southwest corner of the tract of
643643 land designated as TRACT II in the Deed to MBI Commercial Realty,
644644 recorded in Volume 98185, page 00072 of the Deed Records of Dallas
645645 County, Texas;
646646 THENCE Northwesterly, approximately 1186 feet, along the
647647 Southwest boundary line of said TRACT II, to MBI Commercial Realty,
648648 a point at the Northwest corner of said TRACT II to MBI Commercial
649649 Realty;
650650 THENCE EASTERLY, approximately 829.6 feet along the North
651651 boundary line of said TRACT II to MBI Commercial Realty, and the
652652 South boundary line of aforesaid Harborview Addition No. 3, to the
653653 Point Of Beginning, containing approximately 97.6 acres of land.
654654 SECTION 3. (a) The legal notice of the intention to
655655 introduce this Act, setting forth the general substance of this
656656 Act, has been published as provided by law, and the notice and a
657657 copy of this Act have been furnished to all persons, agencies,
658658 officials, or entities to which they are required to be furnished
659659 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
660660 Government Code.
661661 (b) The governor, one of the required recipients, has
662662 submitted the notice and Act to the Texas Commission on
663663 Environmental Quality.
664664 (c) The Texas Commission on Environmental Quality has filed
665665 its recommendations relating to this Act with the governor,
666666 lieutenant governor, and speaker of the house of representatives
667667 within the required time.
668668 (d) The general law relating to consent by political
669669 subdivisions to the creation of districts with conservation,
670670 reclamation, and road powers and the inclusion of land in those
671671 districts has been complied with.
672672 (e) All requirements of the constitution and laws of this
673673 state and the rules and procedures of the legislature with respect
674674 to the notice, introduction, and passage of this Act have been
675675 fulfilled and accomplished.
676676 SECTION 4. This Act takes effect immediately if it receives
677677 a vote of two-thirds of all the members elected to each house, as
678678 provided by Section 39, Article III, Texas Constitution. If this
679679 Act does not receive the vote necessary for immediate effect, this
680680 Act takes effect September 1, 2009.
681681 * * * * *