Texas 2011 - 82nd Regular

Texas House Bill HB425 Compare Versions

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1	1	82R17373 JXC-D
2	2	By: Driver H.B. No. 425
3	3	Substitute the following for H.B. No. 425:
4	4	By: Simpson C.S.H.B. No. 425
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Rowlett Downtown Management
10	10	District; providing authority to impose a tax, levy an assessment,
11	11	and issue bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3894 to read as follows:
15	15	CHAPTER 3894. ROWLETT DOWNTOWN MANAGEMENT DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3894.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Rowlett, Texas.
20	20	(3) "Director" means a member of the board.
21	21	(4) "District" means the Rowlett Downtown Management
22	22	District.
23	23	(5) "Improvement project" means any program or project
24	24	authorized by Section 3894.102, inside or outside the district.
25	25	Sec. 3894.002. CREATION AND NATURE OF DISTRICT. The
26	26	district is a special district created under Sections 52 and 52-a,
27	27	Article III, and Section 59, Article XVI, Texas Constitution.
28	28	Sec. 3894.003. PURPOSE; DECLARATION OF INTENT. (a) The
29	29	creation of the district is essential to accomplish the purposes of
30	30	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
31	31	Texas Constitution, and other public purposes stated in this
32	32	chapter. By creating the district and in authorizing the city and
33	33	other political subdivisions to contract with the district, the
34	34	legislature has established a program to accomplish the public
35	35	purposes set out in Section 52-a, Article III, Texas Constitution.
36	36	(b) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) This chapter and the creation of the district may not be
42	42	interpreted to relieve the city or Dallas County from providing the
43	43	level of services provided to the area in the district as of the
44	44	effective date of the Act enacting this chapter. The district is
45	45	created to supplement and not to supplant the city and county
46	46	services provided in the district.
47	47	Sec. 3894.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	48	The district is created to serve a public use and benefit.
49	49	(b) All land and other property included in the district
50	50	will benefit from the improvements and services to be provided by
51	51	the district under powers conferred by Sections 52 and 52-a,
52	52	Article III, and Section 59, Article XVI, Texas Constitution, and
53	53	other powers granted under this chapter.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, employees, potential employees, visitors,
64	64	and consumers in the district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center; and
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic and
72	72	aesthetic beauty.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be an
77	77	improvement project that includes a street or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3894.005. DISTRICT TERRITORY. (a) The district is
82	82	composed of the territory described by Section 2 of the Act creating
83	83	this chapter, as that territory may have been modified under
84	84	Section 3894.108 or other law.
85	85	(b) The boundaries and field notes of the district contained
86	86	in Section 2 of the Act creating this chapter form a closure. A
87	87	mistake in the field notes of the district contained in Section 2 of
88	88	the Act creating this chapter or in copying the field notes in the
89	89	legislative process does not in any way affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to contract, including the right to issue
92	92	any type of bond or other obligation for a purpose for which the
93	93	district is created;
94	94	(3) right to impose or collect an assessment, tax, or
95	95	any other revenue; or
96	96	(4) legality or operation.
97	97	Sec. 3894.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
98	98	ZONES. (a) All or any part of the area of the district is eligible,
99	99	regardless of other statutory criteria, to be included in:
100	100	(1) a tax increment reinvestment zone created by the
101	101	city under Chapter 311, Tax Code; or
102	102	(2) a tax abatement reinvestment zone created by the
103	103	city under Chapter 312, Tax Code.
104	104	(b) All or any part of the area of the district is eligible
105	105	to be nominated for inclusion in an enterprise zone by the city
106	106	under Chapter 2303, Government Code.
107	107	Sec. 3894.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108	108	DISTRICTS LAW. Except as otherwise provided by this chapter,
109	109	Chapter 375, Local Government Code, applies to the district.
110	110	Sec. 3894.008. LIBERAL CONSTRUCTION OF CHAPTER. This
111	111	chapter shall be liberally construed in conformity with the
112	112	findings and purposes stated in this chapter.
113	113	[Sections 3894.009-3894.050 reserved for expansion]
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 3894.051. BOARD OF DIRECTORS. The district is
116	116	governed by a board of five directors appointed under Section
117	117	3894.052 and three directors serving ex officio under Section
118	118	3894.053.
119	119	Sec. 3894.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
120	120	mayor and governing body of the city shall appoint voting
121	121	directors. A person is appointed if a majority of the members of
122	122	the governing body, including the mayor, vote to appoint that
123	123	person. A member of the governing body of the city may not be
124	124	appointed to the board.
125	125	(b) Section 375.063, Local Government Code, does not apply
126	126	to the district.
127	127	(c) The appointed directors serve staggered terms of four
128	128	years, with two or three directors' terms expiring June 1 of each
129	129	odd-numbered year.
130	130	(d) A person may not be appointed to the board if the
131	131	appointment of that person would result in fewer than three of the
132	132	directors residing in the city.
133	133	(e) The governing body of the city shall appoint a director
134	134	to fill a vacancy that occurs on the board.
135	135	(f) District directors are public officials entitled to
136	136	governmental immunity for their official actions.
137	137	Sec. 3894.053. NONVOTING DIRECTORS. (a) The following
138	138	persons serve as nonvoting ex officio directors:
139	139	(1) the manager of the city;
140	140	(2) the financial director of the city; and
141	141	(3) the planning director of the city.
142	142	(b) If an office described by Subsection (a) is renamed,
143	143	changed, or abolished, the governing body of the city may appoint
144	144	another city officer or employee who performs duties comparable to
145	145	those performed by the officer described by Subsection (a).
146	146	Sec. 3894.054. CONFLICTS OF INTEREST. (a) Except as
147	147	provided by Section 3894.053 or this section:
148	148	(1) a director may participate in all board votes and
149	149	decisions; and
150	150	(2) Chapter 171, Local Government Code, governs
151	151	conflicts of interest of board members.
152	152	(b) A director who has a beneficial interest in a business
153	153	entity that will receive a pecuniary benefit from an action of the
154	154	board may participate in discussion and vote on that action if a
155	155	majority of the board has a similar interest in the same action or
156	156	if all other similar business entities in the district will receive
157	157	a similar pecuniary benefit.
158	158	(c) A director who is also an officer or employee of a public
159	159	entity may not participate in a discussion of or vote on a matter
160	160	regarding a contract with that same public entity.
161	161	Sec. 3894.055. DIRECTOR'S OATH OR AFFIRMATION. A
162	162	director's oath or affirmation of office shall be filed with the
163	163	district and the district shall retain the oath or affirmation in
164	164	the district records.
165	165	Sec. 3894.056. OFFICERS. The board shall elect from among
166	166	the directors a chair, vice chair, and secretary.
167	167	Sec. 3894.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
168	168	EXPENSES. A director is not entitled to compensation for service on
169	169	the board but is entitled to be reimbursed for necessary expenses
170	170	incurred in carrying out the duties and responsibilities of a
171	171	director.
172	172	Sec. 3894.058. INITIAL DIRECTORS. (a) The initial board
173	173	consists of the following directors:
174	174	(1)__________________________________;
175	175	(2)__________________________________;
176	176	(3)__________________________________;
177	177	(4)__________________________________; and
178	178	(5)__________________________________.
179	179	(b) Of the initial directors, the terms of directors
180	180	appointed for positions 1 and 2 expire June 1, 2013, and the terms
181	181	of directors appointed for positions 3 through 5 expire June 1,
182	182	2015.
183	183	(c) This section expires September 1, 2015.
184	184	Sec. 3894.059. QUORUM. For purposes of determining whether
185	185	a quorum of the board is present, the following are not counted:
186	186	(1) a board position vacant for any reason, including
187	187	death, resignation, or disqualification;
188	188	(2) a director who is abstaining from participation in
189	189	a vote because of a conflict of interest; or
190	190	(3) a nonvoting director.
191	191	[Sections 3894.060-3894.100 reserved for expansion]
192	192	SUBCHAPTER C. POWERS AND DUTIES
193	193	Sec. 3894.101. GENERAL POWERS AND DUTIES. The district has
194	194	the powers and duties provided by:
195	195	(1) the general laws relating to conservation and
196	196	reclamation districts created under Section 59, Article XVI, Texas
197	197	Constitution, including Chapters 49 and 54, Water Code;
198	198	(2) the general laws relating to road districts and
199	199	road utility districts created under Section 52(b), Article III,
200	200	Texas Constitution, including Chapter 441, Transportation Code;
201	201	(3) Subchapter A, Chapter 372, Local Government Code,
202	202	in the same manner as a municipality or a county;
203	203	(4) Chapter 375, Local Government Code; and
204	204	(5) Chapter 505, Local Government Code, as if the
205	205	district were a municipality to which that chapter applies.
206	206	Sec. 3894.102. IMPROVEMENT PROJECTS. (a) The district may
207	207	provide, or it may enter into contracts with a governmental or
208	208	private entity to provide, the following types of improvement
209	209	projects or activities in support of or incidental to those
210	210	projects:
211	211	(1) a supply and distribution facility or system to
212	212	provide potable and city-approved nonpotable water to the residents
213	213	and businesses of the district, including a wastewater collection
214	214	facility;
215	215	(2) a paved road or street, inside and outside the
216	216	district, to the extent authorized by Section 52, Article III,
217	217	Texas Constitution;
218	218	(3) the planning, design, construction, improvement,
219	219	and maintenance of:
220	220	(A) landscaping;
221	221	(B) highway right-of-way or transit corridor
222	222	beautification and improvement;
223	223	(C) lighting, banners, and signs;
224	224	(D) a street or sidewalk;
225	225	(E) a hiking and cycling path or trail;
226	226	(F) a pedestrian walkway, skywalk, crosswalk, or
227	227	tunnel;
228	228	(G) a park, lake, garden, recreational facility,
229	229	sports facility, open space, scenic area, or related exhibit or
230	230	preserve;
231	231	(H) a fountain, plaza, or pedestrian mall; or
232	232	(I) a drainage or storm-water detention
233	233	improvement;
234	234	(4) protection and improvement of the quality of storm
235	235	water that flows through the district;
236	236	(5) the planning, design, construction, improvement,
237	237	maintenance, and operation of:
238	238	(A) a water or sewer facility; or
239	239	(B) an off-street parking facility or heliport;
240	240	(6) the planning and acquisition of:
241	241	(A) public art and sculpture and related exhibits
242	242	and facilities; or
243	243	(B) an educational and cultural exhibit or
244	244	facility;
245	245	(7) the planning, design, construction, acquisition,
246	246	lease, rental, improvement, maintenance, installation, and
247	247	management of and provision of furnishings for a facility for:
248	248	(A) a conference, convention, or exhibition;
249	249	(B) a manufacturer, consumer, or trade show;
250	250	(C) a civic, community, or institutional event;
251	251	or
252	252	(D) an exhibit, display, attraction, special
253	253	event, or seasonal or cultural celebration or holiday;
254	254	(8) the removal, razing, demolition, or clearing of
255	255	land or improvements in connection with an improvement project;
256	256	(9) the acquisition and improvement of land or other
257	257	property for the mitigation of the environmental effects of an
258	258	improvement project;
259	259	(10) the acquisition of property or an interest in
260	260	property in connection with an authorized improvement project;
261	261	(11) a special or supplemental service for the
262	262	improvement and promotion of the district or an area adjacent to the
263	263	district or for the protection of public health and safety in or
264	264	adjacent to the district, including:
265	265	(A) advertising;
266	266	(B) promotion;
267	267	(C) tourism;
268	268	(D) health and sanitation;
269	269	(E) public safety;
270	270	(F) security;
271	271	(G) fire protection or emergency medical
272	272	services;
273	273	(H) business recruitment;
274	274	(I) development;
275	275	(J) elimination of traffic congestion; and
276	276	(K) recreational, educational, or cultural
277	277	improvements, enhancements, and services; or
278	278	(12) any similar public improvement, facility, or
279	279	service.
280	280	(b) The district may not undertake an improvement project
281	281	under this section unless the board determines the project to be
282	282	necessary to accomplish a public purpose of the district.
283	283	(c) An improvement project must comply with any applicable
284	284	city requirements, including codes and ordinances.
285	285	(d) The district may not provide, conduct, or authorize any
286	286	improvement project on the city streets, highways, rights-of-way,
287	287	or easements without the consent of the governing body of the city.
288	288	(e) The district shall immediately comply with any city
289	289	ordinance, order, or resolution that:
290	290	(1) requires the district to transfer to the city the
291	291	title to all or any portion of an improvement project; or
292	292	(2) authorizes the district to own, encumber,
293	293	maintain, and operate an improvement project, subject to the right
294	294	of the city to order a conveyance of the project to the city on a
295	295	date determined by the city.
296	296	(f) For the purposes of this section, planning, design,
297	297	construction, improvement, and maintenance of a lake include work
298	298	done for drainage, reclamation, or recreation.
299	299	Sec. 3894.103. GENERAL POWERS REGARDING CONTRACTS. (a)
300	300	The district may:
301	301	(1) contract with any person to accomplish any
302	302	district purpose, including a contract for:
303	303	(A) the payment, repayment, or reimbursement of
304	304	costs incurred by that person on behalf of the district, including
305	305	all or part of the costs of an improvement project and interest on
306	306	the reimbursed cost; or
307	307	(B) the use, occupancy, lease, rental,
308	308	operation, maintenance, or management of all or part of a proposed
309	309	or existing improvement project; and
310	310	(2) apply for and contract with any person to receive,
311	311	administer, and perform a duty or obligation of the district under a
312	312	federal, state, local, or private gift, grant, loan, conveyance,
313	313	transfer, bequest, or other financial assistance arrangement
314	314	relating to the investigation, planning, analysis, study, design,
315	315	acquisition, construction, improvement, completion,
316	316	implementation, or operation by the district or others of a
317	317	proposed or existing improvement project.
318	318	(b) A contract the district enters into to carry out a
319	319	purpose of this chapter may be on any terms and for any period the
320	320	board determines, including a negotiable or nonnegotiable note or
321	321	warrant payable to the city, Dallas County, and any other person.
322	322	(c) Any person may contract with the district to carry out
323	323	the purposes of this chapter without further statutory or other
324	324	authorization.
325	325	(d) A contract payable from ad valorem taxes for a period
326	326	longer than one year must be approved by the governing body of the
327	327	city.
328	328	Sec. 3894.104. COMPETITIVE BIDDING. Section 375.221, Local
329	329	Government Code, applies only to a district contract that has a
330	330	value of more than $50,000.
331	331	Sec. 3894.105. ECONOMIC DEVELOPMENT. The district may
332	332	create economic development programs and exercise the economic
333	333	development powers that:
334	334	(1) Chapter 380, Local Government Code, provides to a
335	335	municipality with a population of more than 100,000; and
336	336	(2) Chapter 1509, Government Code, provides to a
337	337	municipality.
338	338	Sec. 3894.106. RULES; ENFORCEMENT. (a) The district may
339	339	adopt rules:
340	340	(1) to administer or operate the district;
341	341	(2) for the use, enjoyment, availability, protection,
342	342	security, and maintenance of the district's property and
343	343	facilities; or
344	344	(3) to provide for public safety and security in the
345	345	district.
346	346	(b) The district may enforce its rules by injunctive relief.
347	347	(c) To the extent a district rule conflicts with a city
348	348	rule, order, or regulation, the city rule, order, or regulation
349	349	controls.
350	350	Sec. 3894.107. NAME CHANGE. The board by resolution may
351	351	change the district's name. The board shall give written notice of
352	352	the change to the city.
353	353	Sec. 3894.108. ADDING OR REMOVING TERRITORY. The board may
354	354	add or remove territory under Subchapter J, Chapter 49, and Section
355	355	54.016, Water Code, except that:
356	356	(1) the addition or removal of the territory must be
357	357	approved by:
358	358	(A) the governing body of the city; and
359	359	(B) the owners of the territory being added or
360	360	removed;
361	361	(2) a reference to a tax in Subchapter J, Chapter 49,
362	362	or Section 54.016, Water Code, means an ad valorem tax; and
363	363	(3) territory may not be removed from the district if
364	364	bonds or other obligations of the district payable wholly or partly
365	365	from ad valorem taxes on the territory are outstanding.
366	366	Sec. 3894.109. NO EMINENT DOMAIN POWER. The district may
367	367	not exercise the power of eminent domain.
368	368	Sec. 3894.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
369	369	COMPENSATION. The board may employ and establish the terms of
370	370	employment and compensation of:
371	371	(1) an executive director or general manager; or
372	372	(2) any other district employee the board considers
373	373	necessary.
374	374	[Sections 3894.111-3894.150 reserved for expansion]
375	375	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
376	376	Sec. 3894.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
377	377	Except as provided by Section 3894.161, the district may:
378	378	(1) impose an ad valorem tax on all taxable property in
379	379	the district, including industrial, commercial, and residential
380	380	property, to pay for an improvement project;
381	381	(2) impose an assessment on property in the district
382	382	in the manner provided for:
383	383	(A) a district under Subchapter F, Chapter 375,
384	384	Local Government Code; or
385	385	(B) a municipality or county under Subchapter A,
386	386	Chapter 372, Local Government Code;
387	387	(3) provide or secure the payment or repayment of the
388	388	costs and expenses of the establishment, administration, and
389	389	operation of the district and the district's costs or share of the
390	390	costs or revenue of an improvement project or district contractual
391	391	obligation or indebtedness by or through:
392	392	(A) a lease, installment purchase contract, or
393	393	other agreement with any person;
394	394	(B) the imposition of a tax, assessment, user
395	395	fee, concession fee, or rental charge; or
396	396	(C) any other revenue or resource of the
397	397	district;
398	398	(4) establish user charges related to the operation of
399	399	storm-water facilities, including the regulation of storm water for
400	400	the protection of water quality in the district;
401	401	(5) establish user charges for the use of nonpotable
402	402	water for irrigation purposes, subject to the approval of the
403	403	governing body of the city;
404	404	(6) undertake separately or jointly with other
405	405	persons, including the city or Dallas County, all or part of the
406	406	cost of an improvement project, including an improvement project:
407	407	(A) for improving, enhancing, and supporting
408	408	public safety and security, fire protection and emergency medical
409	409	services, and law enforcement in and adjacent to the district; or
410	410	(B) that confers a general benefit on the entire
411	411	district or a special benefit on a definable part of the district;
412	412	and
413	413	(7) enter into a tax abatement agreement in accordance
414	414	with the general laws of this state authorizing and applicable to
415	415	tax abatement agreements by municipalities.
416	416	Sec. 3894.152. BORROWING MONEY. The district may borrow
417	417	money for a district purpose by issuing or executing bonds, notes,
418	418	credit agreements, or other obligations of any kind found by the
419	419	board to be necessary or appropriate for the district purpose. The
420	420	bond, note, credit agreement, or other obligation must be secured
421	421	by and payable from ad valorem taxes, assessments, or other
422	422	district revenue.
423	423	Sec. 3894.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a)
424	424	The district may impose an impact fee or assessment on property in
425	425	the district, including an impact fee or assessment on residential
426	426	or commercial property, only in the manner provided by Subchapter
427	427	A, Chapter 372, or Subchapter F, Chapter 375, Local Government
428	428	Code, for a municipality, county, or public improvement district,
429	429	according to the benefit received by the property.
430	430	(b) An impact fee for residential property must be for the
431	431	limited purpose of providing capital funding for:
432	432	(1) public water and wastewater facilities;
433	433	(2) drainage and storm-water facilities; and
434	434	(3) streets and alleys.
435	435	(c) An assessment, a reassessment, or an assessment
436	436	resulting from an addition to or correction of the assessment roll
437	437	by the district, penalties and interest on an assessment or
438	438	reassessment, or an expense of collection of an assessment,
439	439	including reasonable attorney's fees, incurred by the district:
440	440	(1) is a first and prior lien against the property
441	441	assessed; and
442	442	(2) is superior to any other lien or claim other than a
443	443	lien or claim for county, school district, or municipal ad valorem
444	444	taxes.
445	445	(d) The board may make a correction to or deletion from the
446	446	assessment roll that does not increase the amount of assessment of
447	447	any parcel of land without providing notice and holding a hearing in
448	448	the manner required for additional assessments.
449	449	(e) The district may not impose an impact fee on the
450	450	property, including equipment and facilities, of a public utility
451	451	provider in the district.
452	452	Sec. 3894.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
453	453	Section 375.161, Local Government Code, does not apply to the
454	454	district.
455	455	Sec. 3894.155. MAINTENANCE AND OPERATION TAX; ELECTION.
456	456	(a) Except as provided by Section 3894.161, the district may impose
457	457	a tax for maintenance and operation purposes, including for:
458	458	(1) planning, constructing, acquiring, maintaining,
459	459	repairing, and operating all improvement projects, including land,
460	460	plants, works, facilities, improvements, appliances, and equipment
461	461	of the district; and
462	462	(2) paying costs of services, engineering and legal
463	463	fees, and organization and administrative expenses.
464	464	(b) The district may not impose a maintenance and operation
465	465	tax unless the maximum tax rate is approved by the governing body of
466	466	the city and a majority of the district voters voting at an election
467	467	held for that purpose. If the maximum tax rate is approved, the
468	468	board may impose the tax at any rate that does not exceed the
469	469	approved rate.
470	470	(c) A maintenance and operation tax election may be held at
471	471	the same time and in conjunction with any other district election.
472	472	The election may be called by a separate election order or as part
473	473	of any other election order.
474	474	(d) The proposition in a maintenance and operation tax
475	475	election may be for a specific maximum rate.
476	476	Sec. 3894.156. USE OF SURPLUS MAINTENANCE AND OPERATION
477	477	MONEY. If the district has surplus maintenance and operation tax
478	478	money that is not needed for the purposes for which it was
479	479	collected, the money may be used for any authorized purpose.
480	480	Sec. 3894.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
481	481	BONDS. The district may not issue bonds until the governing body of
482	482	the city approves a bond issuance plan authorizing and setting
483	483	forth the limitations on the issuance of the bonds.
484	484	Sec. 3894.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
485	485	APPROVAL. (a) Except as provided by Sections 3894.157 and
486	486	3894.161, the district may issue, by competitive bid or negotiated
487	487	sale, bonds, notes, or other obligations payable wholly or partly
488	488	from ad valorem taxes or assessments in the manner provided by
489	489	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
490	490	Government Code.
491	491	(b) In exercising the district's borrowing power, the
492	492	district may issue a bond or other obligation in the form of a bond,
493	493	note, certificate of participation or other instrument evidencing a
494	494	proportionate interest in payments to be made by the district, or
495	495	other type of obligation.
496	496	(c) In addition to the sources of money described by
497	497	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
498	498	Government Code, district bonds may be secured and made payable
499	499	wholly or partly by a pledge of any part of the net proceeds the
500	500	district receives from any other district revenue.
501	501	Sec. 3894.159. BOND MATURITY. Bonds may mature not more
502	502	than 40 years from their date of issue.
503	503	Sec. 3894.160. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a)
504	504	At the time bonds or other obligations payable wholly or partly from
505	505	ad valorem taxes are issued:
506	506	(1) the board shall impose a continuing direct annual
507	507	ad valorem tax, without limit as to rate or amount, for each year
508	508	that all or part of the bonds are outstanding; and
509	509	(2) the district annually shall impose an ad valorem
510	510	tax on all taxable property in the district in an amount sufficient
511	511	to:
512	512	(A) pay the interest on the bonds or other
513	513	obligations as the interest becomes due;
514	514	(B) create a sinking fund for the payment of the
515	515	principal of the bonds or other obligations when due or the
516	516	redemption price at any earlier required redemption date; and
517	517	(C) pay the expenses of imposing the taxes.
518	518	(b) Bonds or other obligations that are secured by and
519	519	payable from ad valorem taxes may not be issued unless the bonds and
520	520	the imposition of the taxes are approved by:
521	521	(1) a majority of the district voters voting at an
522	522	election held for that purpose; and
523	523	(2) the governing body of the city.
524	524	(c) The district shall hold an election required by this
525	525	section in the manner provided by Chapter 54, Water Code.
526	526	Sec. 3894.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
527	527	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
528	528	may issue bonds, impose taxes, or borrow money, the district and the
529	529	city must negotiate and execute a mutually approved and accepted
530	530	interlocal project development agreement regarding the development
531	531	plans and rules for:
532	532	(1) the development and operation of the district; and
533	533	(2) the financing of improvement projects.
534	534	Sec. 3894.162. CITY NOT REQUIRED TO PAY DISTRICT
535	535	OBLIGATIONS. Except as provided by Section 375.263, Local
536	536	Government Code, the city is not required to pay a bond, note, or
537	537	other obligation of the district.
538	538	[Sections 3894.163-3894.200 reserved for expansion]
539	539	SUBCHAPTER E. DISSOLUTION
540	540	Sec. 3894.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
541	541	city by ordinance adopts by a two-thirds vote of its governing body
542	542	an ordinance to dissolve the district, the district is dissolved.
543	543	(b) The district may not be dissolved until the district's
544	544	outstanding indebtedness or contractual obligations payable from
545	545	ad valorem taxes have been repaid or discharged.
546	546	(c) The district may not be dissolved until the agreement
547	547	under Section 3894.161 has been executed and the district's
548	548	performance under the agreement has been fulfilled, including any
549	549	right or obligation the district has to reimburse a developer or
550	550	owner for the costs of improvement projects.
551	551	Sec. 3894.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
552	552	(a) If the dissolved district has bonds or other obligations
553	553	outstanding secured by and payable from assessments or other
554	554	revenue, other than ad valorem taxes, the city succeeds to the
555	555	rights and obligations of the district regarding enforcement and
556	556	collection of the assessments or other revenue.
557	557	(b) If the district is dissolved, the city has and may
558	558	exercise all district powers to enforce and collect the assessments
559	559	or other revenue to pay:
560	560	(1) the bonds or other obligations when due and
561	561	payable according to their terms; or
562	562	(2) special revenue or assessment bonds or other
563	563	obligations issued by the city to refund the outstanding bonds or
564	564	obligations.
565	565	Sec. 3894.203. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
566	566	The district may not be dissolved by the city unless the city
567	567	assumes the obligations of the district, including any bonds or
568	568	other indebtedness payable from assessments or other district
569	569	revenue.
570	570	(b) If the city dissolves the district, the board shall
571	571	transfer ownership of all district property to the city.
572	572	SECTION 2. The Rowlett Downtown Management District
573	573	initially includes all territory contained in the following area:
574	574	BEING approximately 19 acres of land located in the Thomas
575	575	Payne Survey, Abstract No. 1165, and approximately 19 acres of land
576	576	located in the William Crabtree Survey, Abstract No. 347, City of
577	577	Rowlett, Dallas County, Texas. Said 38 combined acres of land being
578	578	more particularly described by metes and bounds as follows:
579	579	BEGINNING at a 1/2" iron pipe found in the South boundary line
580	580	of said Payne Survey, and the North boundary line of said Crabtree
581	581	Survey, at the point of intersection of said Survey line with the
582	582	South right-of-way line of The Dallas Area Rapid Transit railroad,
583	583	and said Point Of Beginning also being the West corner of the tract
584	584	of land conveyed to the City of Rowlett by the deed recorded in
585	585	Volume 2004067, page 04282 of the Deed Records of Dallas County,
586	586	Texas;
587	587	THENCE Northeasterly, approximately 166 feet, along the
588	588	South right-of-way line of said Dallas Area Rapid Transit railroad
589	589	to a point at the intersection of the West right-of-way line of
590	590	Commerce Street;
591	591	THENCE Northeasterly, approximately 114 feet, crossing said
592	592	Dallas Area Rapid Transit railroad to a point in the North
593	593	right-of-way line of said railroad, lying at the most Southerly
594	594	Southeast corner of Lot 5, Block 5, Rowlett Business Park, No. 2, an
595	595	addition to the City of Rowlett, Dallas County, Texas, according to
596	596	the plat recorded in Volume 82015, page 1127 of the Deed Records of
597	597	Dallas County, Texas;
598	598	THENCE Northerly, approximately 155 feet, along the most
599	599	Southerly East boundary line of said Lot 5, and the West boundary
600	600	line of the tract of land conveyed to the City of Rowlett by the deed
601	601	recorded in Volume 99034, page 4307 of the Deed Records of Dallas
602	602	County, Texas, to a point at the Northwest corner of said City of
603	603	Rowlett tract, being the Southwest corner of the tract of land
604	604	conveyed to the City of Rowlett by the deed recorded in Volume
605	605	99083, page 2213 of the Deed Records of Dallas County, Texas;
606	606	THENCE Northerly, approximately 285 feet, along the West
607	607	boundary line of said City of Rowlett tract recorded in Volume
608	608	99083, page 2213 of the Deed Records of Dallas County, Texas, to a
609	609	point in the North right-of-way line of Melcer Drive;
610	610	THENCE Easterly, approximately 837 feet, along the North
611	611	right-of-way line of said Melcer Drive, to a point in the West
612	612	right-of-way line of Martin Drive;
613	613	THENCE Northerly, approximately 820 feet, along the West
614	614	right-of-way line of said Martin Drive, to a point in the South
615	615	right-of-way line of Lakeview Parkway;
616	616	THENCE Easterly, approximately 195 feet, along the South
617	617	right-of-way line of said Lakeview Parkway, to a point at the
618	618	Northeast corner of Lot 1, Block 1, Carlisle Subdivision, an
619	619	addition to the City of Rowlett, Dallas County, Texas, according to
620	620	the plat recorded in Volume 85081, page 1854 of the Deed Records of
621	621	Dallas County, Texas;
622	622	THENCE Southerly, approximately 201 feet along the East
623	623	boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
624	624	point at the Southeast corner of said Lot 1;
625	625	THENCE Westerly, approximately 145 feet along the South
626	626	boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
627	627	point in the East right-of-way line of aforesaid Martin Drive;
628	628	THENCE Southerly, approximately 217 feet, along the East
629	629	right-of-way line of said Martin Drive, to a point in the North
630	630	right-of-way line of Industrial Street;
631	631	THENCE Easterly, approximately 1,251 feet along the North
632	632	right-of-way line of said Industrial Street, being the South
633	633	boundary line of Block 3, of aforesaid Rowlett Business Park, No. 2,
634	634	to a point at the most Easterly Southeast corner of Lot 11 of said
635	635	Block 3, Rowlett Business Park No. 2;
636	636	THENCE Southerly, approximately 544 feet, crossing said
637	637	Industrial Street, and running along the East boundary line of Lot
638	638	24, of Block 5 of said Rowlett Business Park No. 2, to a point at the
639	639	Southeast corner of said Lot 24, lying in the North right-of-way
640	640	line of aforesaid Dallas Area Rapid Transit railroad;
641	641	THENCE Southwesterly, approximately 453 feet, along the
642	642	North right-of-way line of said Dallas Area Rapid Transit railroad,
643	643	and the South boundary line of said Block 5, Rowlett Business Park
644	644	No. 2, to a point at the Southwest corner of Lot 22 of said Block 5,
645	645	Rowlett Business Park No. 2;
646	646	THENCE Northerly, approximately 522 feet, along the West
647	647	boundary line of said Lot 22, Block 5, Rowlett Business Park No. 2,
648	648	to a point at the Northwest corner of said Lot 22, lying in the South
649	649	right-of-way line of aforesaid Industrial Street;
650	650	THENCE Westerly, approximately 420 feet, along the South
651	651	right-of-way line of said Industrial Street, and the North boundary
652	652	line of said Block 5, Rowlett Business Park No. 2, to a point at the
653	653	Northeast corner of Lot 18 of said Block 5, Rowlett Business Park
654	654	No. 2;
655	655	THENCE Southerly, approximately 625 feet, along the East
656	656	boundary line of said Lot 18, Block 5, Rowlett Business Park No. 2,
657	657	to a point at the Southeast corner of said Lot 18, lying in the North
658	658	right-of-way line of aforesaid Dallas Area Rapid Transit railroad;
659	659	THENCE along the North right-of-way line of said Dallas Area
660	660	Rapid Transit railroad as follows:
661	661	1. Southwesterly, approximately 377 feet, along the
662	662	South boundary line of Lot 14, and 18, of said Block 5,
663	663	Rowlett Business Park No. 2, to a point at the Southwest
664	664	corner of said Lot 14, lying in the East boundary line of Lot
665	665	13, of said Block 5;
666	666	2. Southeasterly, approximately 25 feet, along the
667	667	East boundary line of said Lot 13, Block 5, to a point at the
668	668	Southeast corner of said Lot 13;
669	669	3. Southwesterly, approximately 343 feet, along the
670	670	South boundary line of Lots 11, 12, and 13 of said Block 5,
671	671	Rowlett Business Park No. 2, to a point at the Southwest
672	672	corner of said Lot 11;
673	673	THENCE Northwesterly, approximately 155 feet, along the West
674	674	boundary line of said Lot 11, Block 5, Rowlett Business Park No. 2,
675	675	to a point in the most Northerly South boundary line of said Lot 11;
676	676	THENCE Southwesterly, approximately 11 feet, along the most
677	677	Northerly South boundary line of said Lot 11, to a point at the most
678	678	Westerly Southwest corner of said Lot 11;
679	679	THENCE Northerly, approximately 157 feet, along the West
680	680	boundary line of said Lot 11, to a point at the Northwest corner of
681	681	said Lot 11, lying in the South right-of-way line of aforesaid
682	682	Melcer Drive;
683	683	THENCE Westerly, approximately 500 feet, along the South
684	684	right-of-way line of said Melcer Drive, and the most Southerly,
685	685	North boundary line of said Block 5, Rowlett Business Park No. 2, to
686	686	a point at the Northwest corner of Lot 6 of said Block 5, being the
687	687	Northeast corner of the aforesaid tract of land conveyed to the City
688	688	of Rowlett by the deed recorded in Volume 99083, page 2213 of the
689	689	Deed Records of Dallas County, Texas;
690	690	THENCE Southerly, approximately 226 feet, along the East
691	691	boundary line of said City of Rowlett tract, and the West boundary
692	692	line of said Lot 6, to a point at the Southwest corner of said Lot 6,
693	693	and the Southeast corner of Lot 5, of said Block 5, Rowlett Business
694	694	Park No. 2;
695	695	THENCE Southwesterly, approximately 11 feet, along the South
696	696	boundary line of said Lot 5, to a point at the Northeast corner of
697	697	the aforesaid tract of land conveyed to the City of Rowlett by the
698	698	deed recorded in Volume 99034, page 4307 of the Deed Records of
699	699	Dallas County, Texas;
700	700	THENCE Southerly, approximately 169 feet, along the East
701	701	boundary line of said City of Rowlett tract recorded in Volume
702	702	99034, page 4307, and continuing to a point;
703	703	THENCE Southwesterly, approximately 97 feet, crossing the
704	704	aforesaid Dallas Area Rapid Transit railroad, to a point in the
705	705	South right-of-way line of said railroad, being the North boundary
706	706	line of the aforesaid tract of land conveyed to the City of Rowlett
707	707	by the deed recorded in Volume 2004067, page 04282 of the Deed
708	708	Records of Dallas County, Texas;
709	709	THENCE Northeasterly, approximately 362 feet, along the
710	710	South right-of-way line of said Dallas Area Rapid Transit railroad,
711	711	and the North boundary line of said City of Rowlett tract recorded
712	712	in Volume 2004067, page 04282, to a point at the Northeast corner of
713	713	said City of Rowlett tract;
714	714	THENCE Southeasterly, approximately 99 feet, along the East
715	715	boundary line of said City of Rowlett tract, to a point at the
716	716	Southeast corner of said City of Rowlett tract, lying in the South
717	717	boundary line of the tract of land conveyed to Jeffrey D. Mayhall,
718	718	and wife Camille Mayhall by the deed recorded in Volume 96198, page
719	719	1273 of the Deed Records of Dallas County, Texas;
720	720	THENCE Easterly, approximately 190 feet along the South
721	721	boundary line of said Mayhall tract to a point at the Southeast
722	722	corner of said Mayhall tract;
723	723	THENCE Southerly, approximately 10 feet to a point in the
724	724	North boundary line of Lot 1, Block B, Municipal Complex Addition,
725	725	to the City of Rowlett, Dallas County, Texas according to the plat
726	726	recorded in County Clerk's file No. 2006002238027 of the Deed
727	727	Records of Dallas County, Texas;
728	728	THENCE Easterly, approximately 51 feet, along the North
729	729	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
730	730	a point at the Northeast corner of said Lot 1, Block B;
731	731	THENCE Southerly, approximately 137 feet, along the East
732	732	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
733	733	a point at the Southeast corner of said Lot 1, Block B, lying in the
734	734	North right-of-way line of Main Street;
735	735	THENCE Northeasterly, approximately 482 feet, along the
736	736	North right-of-way line of said Main Street, to a point in the West
737	737	right-of-way line of Skyline Drive;
738	738	THENCE Southerly, approximately 87 feet, crossing said Main
739	739	Street, to a point at the Northeast corner of Lot 1, Block A,
740	740	Municipal Complex Addition, to the City of Rowlett, Dallas County,
741	741	Texas, according to the plat recorded in Volume 95327, page 2810 of
742	742	the Deed Records of Dallas County, Texas;
743	743	THENCE Southerly, approximately 425 feet, along the East
744	744	boundary line of said Lot 1, Block B, Municipal Complex Addition,
745	745	and the West right-of-way line of aforesaid Skyline Drive, to a
746	746	point at the Southeast corner of said Lot 1, Block A, being the
747	747	Northeast corner of Lot 1, Block 1, South Ridge Addition, No. 3, and
748	748	addition to the City of Rowlett, Dallas County, Texas, according to
749	749	the plat recorded in Volume 69117, page 2087 of the Deed Records of
750	750	Dallas County, Texas;
751	751	THENCE Westerly, approximately 150 feet, along the North
752	752	boundary line of said Lot 1, Block 1, South Ridge Addition, No. 3,
753	753	to a point at the Northwest corner of said Lot 1, Block 1, South
754	754	Ridge Addition, No. 3;
755	755	THENCE Southerly, approximately 498 feet, along the West
756	756	boundary line of said Block 1, South Ridge Addition, No. 3, to a
757	757	point;
758	758	THENCE Westerly, approximately 360 feet, along the North
759	759	boundary line of Lot 7, Block 1, and Lot 1, Block 6 of said South
760	760	Ridge Addition, No. 3, to a point;
761	761	THENCE Southerly, approximately 20 feet, to a point at the
762	762	Northeast corner of Lot 2, Block 6, South Ridge Addition, No. 4, an
763	763	addition to the City of Rowlett, Dallas County, Texas, according to
764	764	the plat recorded in Volume 76104, page 1684 of the Deed Records of
765	765	Dallas County, Texas;
766	766	THENCE Westerly, approximately 185 feet, along the North
767	767	boundary line of said Lot 2, Block 6, South Ridge Addition, No. 4,
768	768	to a point in the West right-of-way line of Aspen Drive;
769	769	THENCE Southerly, approximately 32 feet, along the West
770	770	right-of-way line of said ASPEN DRIVE, to a point at the Northeast
771	771	corner of Lot 12, Block 7 of said South Ridge Addition, No. 4;
772	772	THENCE Westerly, approximately 150 feet, along the North
773	773	boundary line of said Lot 12, Block 7, South Ridge Addition, No. 4,
774	774	to a point at the Northwest corner of said Lot 12, Block 7;
775	775	THENCE Northerly, approximately 740 feet, to a point at the
776	776	Northwest of Lot 3, Block A, of aforesaid Municipal Complex
777	777	Addition, to the City of Rowlett, Dallas County, Texas, according
778	778	to the plat recorded in Volume 95237, page 2810 of the Deed Records
779	779	of Dallas County, Texas;
780	780	THENCE Easterly, approximately 131 feet, along the most
781	781	Southerly North boundary line of said Lot 3, Block A, Municipal
782	782	Complex Addition, to a point;
783	783	THENCE Northerly, approximately 163 feet, along the most
784	784	Easterly, West boundary line of said Lot 3, Block A, Municipal
785	785	Complex Addition, to a point at the Northwest corner of said Lot 3,
786	786	lying in the South right-of-way line of aforesaid Main Street;
787	787	THENCE Southwesterly, approximately 65 feet, along the South
788	788	right-of-way line of said Main Street, to a point at the Northeast
789	789	corner of Lot 43, Original Town Of Rowlett, an addition to the City
790	790	of Rowlett, Dallas County, Texas, according to the plat recorded in
791	791	Volume 2, page 217 of the Map Records of Dallas County, Texas;
792	792	THENCE Southerly, approximately 90 feet, along the East
793	793	boundary line of said Lot 43, to a point at the Southeast corner of
794	794	said Lot 43;
795	795	THENCE Westerly, approximately 50 feet, along the South
796	796	boundary line of Lot 42, and 43 of said Original Town Of Rowlett, to
797	797	a point at the Southwest corner of said Lot 42;
798	798	THENCE Northerly, approximately 90 feet, along the West
799	799	boundary line of said Lot 42, to a point at the Northwest corner of
800	800	said Lot 42, lying in the South right-of-way of aforesaid Main
801	801	Street;
802	802	THENCE Westerly, approximately 300 feet, along the South
803	803	right-of-way line of said Main Street, and the North boundary line
804	804	of Lots 33, through 41, of said Original Town Of Rowlett, to a point
805	805	in the West right-of-way line of aforesaid Commerce Street, and the
806	806	East boundary line of Lot 28 of said Original Town Of Rowlett;
807	807	THENCE Northerly, approximately 262 feet, along the West
808	808	right-of-way line of said Commerce Street, and the East boundary
809	809	line of Lots 19, through 28, of said Original Town Of Rowlett, to a
810	810	point in the North boundary line of aforesaid William Crabtree
811	811	Survey, and the South boundary line of the aforesaid Thomas Payne
812	812	Survey;
813	813	THENCE Westerly, approximately 164 feet, along said Survey
814	814	line to the Point Of Beginning, containing approximately 38 acres
815	815	of land.
816	816	The foregoing 38 acres description saves and excepts all
817	817	portions thereof, and contained therein of Lots 7 through 18 of the
818	818	Original Town of Rowlett, as indicated on the plat recorded in
819	819	Volume 2, Page 217 of the Map Records of Dallas County, Texas.
820	820	SECTION 3. (a) The legal notice of the intention to
821	821	introduce this Act, setting forth the general substance of this
822	822	Act, has been published as provided by law, and the notice and a
823	823	copy of this Act have been furnished to all persons, agencies,
824	824	officials, or entities to which they are required to be furnished
825	825	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
826	826	Government Code.
827	827	(b) The governor, one of the required recipients, has
828	828	submitted the notice and Act to the Texas Commission on
829	829	Environmental Quality.
830	830	(c) The Texas Commission on Environmental Quality has filed
831	831	its recommendations relating to this Act with the governor,
832	832	lieutenant governor, and speaker of the house of representatives
833	833	within the required time.
834	834	(d) The general law relating to consent by political
835	835	subdivisions to the creation of districts with conservation,
836	836	reclamation, and road powers and the inclusion of land in those
837	837	districts has been complied with.
838	838	(e) All requirements of the constitution and laws of this
839	839	state and the rules and procedures of the legislature with respect
840	840	to the notice, introduction, and passage of this Act have been
841	841	fulfilled and accomplished.
842	842	SECTION 4. This Act takes effect immediately if it receives
843	843	a vote of two-thirds of all the members elected to each house, as
844	844	provided by Section 39, Article III, Texas Constitution. If this
845	845	Act does not receive the vote necessary for immediate effect, this
846	846	Act takes effect September 1, 2011.