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Texas House Bill HB427

Texas 2011 - 82nd Regular

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11 By: Driver (Senate Sponsor - Deuell) H.B. No. 427
22 (In the Senate - Received from the House May 16, 2011;
33 May 16, 2011, read first time and referred to Committee on
44 Intergovernmental Relations; May 21, 2011, reported favorably by
55 the following vote: Yeas 3, Nays 0; May 21, 2011, sent to printer.)
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the creation of the Rowlett Waterfront Entertainment
1111 Management District; providing authority to impose a tax, levy an
1212 assessment, and issue bonds.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1515 Code, is amended by adding Chapter 3896 to read as follows:
1616 CHAPTER 3896. ROWLETT WATERFRONT ENTERTAINMENT MANAGEMENT DISTRICT
1717 SUBCHAPTER A. GENERAL PROVISIONS
1818 Sec. 3896.001. DEFINITIONS. In this chapter:
1919 (1) "Board" means the district's board of directors.
2020 (2) "City" means the City of Rowlett, Texas.
2121 (3) "Director" means a board member.
2222 (4) "District" means the Rowlett Waterfront
2323 Entertainment Management District.
2424 (5) "Improvement project" means any program or project
2525 authorized by Section 3896.102, inside or outside the district.
2626 Sec. 3896.002. CREATION AND NATURE OF DISTRICT. The
2727 district is a special district created under Sections 52 and 52-a,
2828 Article III, and Section 59, Article XVI, Texas Constitution.
2929 Sec. 3896.003. PURPOSE; DECLARATION OF INTENT. (a) The
3030 creation of the district is essential to accomplish the purposes of
3131 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3232 Texas Constitution, and other public purposes stated in this
3333 chapter. By creating the district and in authorizing the city and
3434 other political subdivisions to contract with the district, the
3535 legislature has established a program to accomplish the public
3636 purposes set out in Section 52-a, Article III, Texas Constitution.
3737 (b) The creation of the district is necessary to promote,
3838 develop, encourage, and maintain employment, commerce,
3939 transportation, housing, tourism, recreation, the arts,
4040 entertainment, economic development, safety, and the public
4141 welfare in the district.
4242 (c) This chapter and the creation of the district may not be
4343 interpreted to relieve the city or Dallas County from providing the
4444 level of services provided to the area in the district as of the
4545 effective date of the Act enacting this chapter. The district is
4646 created to supplement and not to supplant the city and county
4747 services provided in the district.
4848 Sec. 3896.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
4949 The district is created to serve a public use and benefit.
5050 (b) All land and other property included in the district
5151 will benefit from the improvements and services to be provided by
5252 the district under powers conferred by Sections 52 and 52-a,
5353 Article III, and Section 59, Article XVI, Texas Constitution, and
5454 other powers granted under this chapter.
5555 (c) The creation of the district is in the public interest
5656 and is essential to further the public purposes of:
5757 (1) developing and diversifying the economy of the
5858 state;
5959 (2) eliminating unemployment and underemployment; and
6060 (3) developing or expanding transportation and
6161 commerce.
6262 (d) The district will:
6363 (1) promote the health, safety, and general welfare of
6464 residents, employers, employees, potential employees, visitors,
6565 and consumers in the district, and of the public;
6666 (2) provide needed funding for the district to
6767 preserve, maintain, and enhance the economic health and vitality of
6868 the district territory as a community and business center; and
6969 (3) promote the health, safety, welfare, and enjoyment
7070 of the public by providing pedestrian ways and by landscaping and
7171 developing certain areas in the district, which are necessary for
7272 the restoration, preservation, and enhancement of scenic and
7373 aesthetic beauty.
7474 (e) Pedestrian ways along or across a street, whether at
7575 grade or above or below the surface, and street lighting, street
7676 landscaping, parking, and street art objects are parts of and
7777 necessary components of a street and are considered to be an
7878 improvement project that includes a street or road improvement.
7979 (f) The district will not act as the agent or
8080 instrumentality of any private interest even though the district
8181 will benefit many private interests as well as the public.
8282 Sec. 3896.005. DISTRICT TERRITORY. (a) The district is
8383 composed of the territory described by Section 2 of the Act creating
8484 this chapter, as that territory may have been modified under
8585 Section 3896.108 or other law.
8686 (b) The boundaries and field notes of the district contained
8787 in Section 2 of the Act creating this chapter form a closure. A
8888 mistake in the field notes of the district contained in Section 2 of
8989 the Act creating this chapter or in copying the field notes in the
9090 legislative process does not in any way affect the district's:
9191 (1) organization, existence, or validity;
9292 (2) right to contract, including the right to issue
9393 any type of bond or other obligation for a purpose for which the
9494 district is created;
9595 (3) right to impose or collect an assessment, tax, or
9696 any other revenue; or
9797 (4) legality or operation.
9898 Sec. 3896.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
9999 ZONES. (a) All or any part of the area of the district is eligible,
100100 regardless of other statutory criteria, to be included in:
101101 (1) a tax increment reinvestment zone created by the
102102 city under Chapter 311, Tax Code; or
103103 (2) a tax abatement reinvestment zone created by the
104104 city under Chapter 312, Tax Code.
105105 (b) All or any part of the area of the district is eligible
106106 to be nominated for inclusion in an enterprise zone by the city
107107 under Chapter 2303, Government Code.
108108 Sec. 3896.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
109109 DISTRICTS LAW. Except as otherwise provided by this chapter,
110110 Chapter 375, Local Government Code, applies to the district.
111111 Sec. 3896.008. LIBERAL CONSTRUCTION OF CHAPTER. This
112112 chapter shall be liberally construed in conformity with the
113113 findings and purposes stated in this chapter.
114114 [Sections 3896.009-3896.050 reserved for expansion]
115115 SUBCHAPTER B. BOARD OF DIRECTORS
116116 Sec. 3896.051. BOARD OF DIRECTORS. The district is
117117 governed by a board of five directors appointed under Section
118118 3896.052 and three directors serving ex officio under Section
119119 3896.053.
120120 Sec. 3896.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
121121 mayor and governing body of the city shall appoint voting
122122 directors. A person is appointed if a majority of the members of
123123 the governing body, including the mayor, vote to appoint that
124124 person. A member of the governing body of the city may not be
125125 appointed to the board.
126126 (b) Section 375.063, Local Government Code, does not apply
127127 to the district.
128128 (c) The appointed directors serve staggered terms of four
129129 years, with two or three directors' terms expiring June 1 of each
130130 odd-numbered year.
131131 (d) A person may not be appointed to the board if the
132132 appointment of that person would result in fewer than three of the
133133 directors residing in the city.
134134 (e) The governing body of the city shall appoint a director
135135 to fill a vacancy that occurs on the board.
136136 (f) A director is a public official entitled to governmental
137137 immunity for the director's official actions.
138138 Sec. 3896.053. NONVOTING DIRECTORS. (a) The following
139139 persons serve as nonvoting ex officio directors:
140140 (1) the manager of the city;
141141 (2) the financial director of the city; and
142142 (3) the planning director of the city.
143143 (b) If an office described by Subsection (a) is renamed,
144144 changed, or abolished, the governing body of the city may appoint
145145 another city officer or employee who performs duties comparable to
146146 those performed by the officer described by Subsection (a).
147147 Sec. 3896.054. CONFLICTS OF INTEREST. (a) Except as
148148 provided by Section 3896.053 or this section:
149149 (1) a director may participate in all board votes and
150150 decisions; and
151151 (2) Chapter 171, Local Government Code, governs
152152 conflicts of interest of board members.
153153 (b) A director who has a beneficial interest in a business
154154 entity that will receive a pecuniary benefit from an action of the
155155 board may participate in discussion and vote on that action if a
156156 majority of the board has a similar interest in the same action or
157157 if all other similar business entities in the district will receive
158158 a similar pecuniary benefit.
159159 (c) A director who is also an officer or employee of a public
160160 entity may not participate in a discussion of or vote on a matter
161161 regarding a contract with that same public entity.
162162 Sec. 3896.055. DIRECTOR'S OATH OR AFFIRMATION. A
163163 director's oath or affirmation of office shall be filed with the
164164 district and the district shall retain the oath or affirmation in
165165 the district records.
166166 Sec. 3896.056. OFFICERS. The board shall elect from among
167167 the directors a chair, vice chair, and secretary.
168168 Sec. 3896.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
169169 EXPENSES. A director is not entitled to compensation for service on
170170 the board but is entitled to be reimbursed for necessary expenses
171171 incurred in carrying out the duties and responsibilities of a
172172 director.
173173 Sec. 3896.058. INITIAL DIRECTORS. (a) The initial board
174174 consists of the following directors:
175175 (1)__________________________________;
176176 (2)__________________________________;
177177 (3)__________________________________;
178178 (4)__________________________________; and
179179 (5)__________________________________.
180180 (b) Of the initial directors, the terms of directors
181181 appointed for positions 1 and 2 expire June 1, 2013, and the terms
182182 of directors appointed for positions 3 through 5 expire June 1,
183183 2015.
184184 (c) This section expires September 1, 2015.
185185 Sec. 3896.059. QUORUM. For purposes of determining whether
186186 a quorum of the board is present, the following are not counted:
187187 (1) a board position vacant for any reason, including
188188 death, resignation, or disqualification;
189189 (2) a director who is abstaining from participation in
190190 a vote because of a conflict of interest; or
191191 (3) a nonvoting director.
192192 [Sections 3896.060-3896.100 reserved for expansion]
193193 SUBCHAPTER C. POWERS AND DUTIES
194194 Sec. 3896.101. GENERAL POWERS AND DUTIES. The district has
195195 the powers and duties provided by:
196196 (1) the general laws relating to conservation and
197197 reclamation districts created under Section 59, Article XVI, Texas
198198 Constitution, including Chapters 49 and 54, Water Code;
199199 (2) the general laws relating to road districts and
200200 road utility districts created under Section 52(b), Article III,
201201 Texas Constitution, including Chapter 441, Transportation Code;
202202 (3) Subchapter A, Chapter 372, Local Government Code,
203203 in the same manner as a municipality or a county;
204204 (4) Chapter 375, Local Government Code; and
205205 (5) Chapter 505, Local Government Code, as if the
206206 district were a municipality to which that chapter applies.
207207 Sec. 3896.102. IMPROVEMENT PROJECTS. (a) The district may
208208 provide, or it may enter into contracts with a governmental or
209209 private entity to provide, the following types of improvement
210210 projects or activities in support of or incidental to those
211211 projects:
212212 (1) a supply and distribution facility or system to
213213 provide potable and city-approved nonpotable water to the residents
214214 and businesses of the district, including a wastewater collection
215215 facility;
216216 (2) a paved road or street, inside and outside the
217217 district, to the extent authorized by Section 52, Article III,
218218 Texas Constitution;
219219 (3) the planning, design, construction, improvement,
220220 and maintenance of:
221221 (A) landscaping;
222222 (B) highway right-of-way or transit corridor
223223 beautification and improvement;
224224 (C) lighting, banners, and signs;
225225 (D) a street or sidewalk;
226226 (E) a hiking and cycling path or trail;
227227 (F) a pedestrian walkway, skywalk, crosswalk, or
228228 tunnel;
229229 (G) a park, lake, garden, recreational facility,
230230 sports facility, open space, scenic area, or related exhibit or
231231 preserve;
232232 (H) a fountain, plaza, or pedestrian mall; or
233233 (I) a drainage or storm-water detention
234234 improvement;
235235 (4) protection and improvement of the quality of storm
236236 water that flows through the district;
237237 (5) the planning, design, construction, improvement,
238238 maintenance, and operation of:
239239 (A) a water or sewer facility; or
240240 (B) an off-street parking facility or heliport;
241241 (6) the planning and acquisition of:
242242 (A) public art and sculpture and related exhibits
243243 and facilities; or
244244 (B) an educational and cultural exhibit or
245245 facility;
246246 (7) the planning, design, construction, acquisition,
247247 lease, rental, improvement, maintenance, installation, and
248248 management of and provision of furnishings for a facility for:
249249 (A) a conference, convention, or exhibition;
250250 (B) a manufacturer, consumer, or trade show;
251251 (C) a civic, community, or institutional event;
252252 or
253253 (D) an exhibit, display, attraction, special
254254 event, or seasonal or cultural celebration or holiday;
255255 (8) the removal, razing, demolition, or clearing of
256256 land or improvements in connection with an improvement project;
257257 (9) the acquisition and improvement of land or other
258258 property for the mitigation of the environmental effects of an
259259 improvement project;
260260 (10) the acquisition of property or an interest in
261261 property in connection with an authorized improvement project;
262262 (11) a special or supplemental service for the
263263 improvement and promotion of the district or an area adjacent to the
264264 district or for the protection of public health and safety in or
265265 adjacent to the district, including:
266266 (A) advertising;
267267 (B) promotion;
268268 (C) tourism;
269269 (D) health and sanitation;
270270 (E) public safety;
271271 (F) security;
272272 (G) fire protection or emergency medical
273273 services;
274274 (H) business recruitment;
275275 (I) development;
276276 (J) elimination of traffic congestion; and
277277 (K) recreational, educational, or cultural
278278 improvements, enhancements, and services; or
279279 (12) any similar public improvement, facility, or
280280 service.
281281 (b) The district may not undertake an improvement project
282282 under this section unless the board determines the project to be
283283 necessary to accomplish a public purpose of the district.
284284 (c) An improvement project must comply with any applicable
285285 city requirements, including codes and ordinances.
286286 (d) The district may not provide, conduct, or authorize any
287287 improvement project on the city streets, highways, rights-of-way,
288288 or easements without the consent of the governing body of the city.
289289 (e) The district shall immediately comply with any city
290290 ordinance, order, or resolution that:
291291 (1) requires the district to transfer to the city the
292292 title to all or any portion of an improvement project; or
293293 (2) authorizes the district to own, encumber,
294294 maintain, and operate an improvement project, subject to the right
295295 of the city to order a conveyance of the project to the city on a
296296 date determined by the city.
297297 (f) For the purposes of this section, planning, design,
298298 construction, improvement, and maintenance of a lake include work
299299 done for drainage, reclamation, or recreation.
300300 Sec. 3896.103. GENERAL POWERS REGARDING CONTRACTS. (a)
301301 The district may:
302302 (1) contract with any person to accomplish any
303303 district purpose, including a contract for:
304304 (A) the payment, repayment, or reimbursement of
305305 costs incurred by that person on behalf of the district, including
306306 all or part of the costs of an improvement project and interest on
307307 the reimbursed cost; or
308308 (B) the use, occupancy, lease, rental,
309309 operation, maintenance, or management of all or part of a proposed
310310 or existing improvement project; and
311311 (2) apply for and contract with any person to receive,
312312 administer, and perform a duty or obligation of the district under a
313313 federal, state, local, or private gift, grant, loan, conveyance,
314314 transfer, bequest, or other financial assistance arrangement
315315 relating to the investigation, planning, analysis, study, design,
316316 acquisition, construction, improvement, completion,
317317 implementation, or operation by the district or others of a
318318 proposed or existing improvement project.
319319 (b) A contract the district enters into to carry out a
320320 purpose of this chapter may be on any terms and for any period the
321321 board determines, including a negotiable or nonnegotiable note or
322322 warrant payable to the city, Dallas County, and any other person.
323323 (c) Any person may contract with the district to carry out
324324 the purposes of this chapter without further statutory or other
325325 authorization.
326326 (d) A contract payable from ad valorem taxes for a period
327327 longer than one year must be approved by the governing body of the
328328 city.
329329 Sec. 3896.104. COMPETITIVE BIDDING. Section 375.221, Local
330330 Government Code, applies only to a district contract that has a
331331 value of more than $50,000.
332332 Sec. 3896.105. ECONOMIC DEVELOPMENT. The district may
333333 create economic development programs and exercise the economic
334334 development powers that:
335335 (1) Chapter 380, Local Government Code, provides to a
336336 municipality with a population of more than 100,000; and
337337 (2) Chapter 1509, Government Code, provides to a
338338 municipality.
339339 Sec. 3896.106. RULES; ENFORCEMENT. (a) The district may
340340 adopt rules:
341341 (1) to administer or operate the district;
342342 (2) for the use, enjoyment, availability, protection,
343343 security, and maintenance of the district's property and
344344 facilities; or
345345 (3) to provide for public safety and security in the
346346 district.
347347 (b) The district may enforce its rules by injunctive relief.
348348 (c) To the extent a district rule conflicts with a city rule
349349 or order, the city rule or order controls.
350350 Sec. 3896.107. NAME CHANGE. The board by resolution may
351351 change the district's name. The board shall give written notice of
352352 the change to the city.
353353 Sec. 3896.108. ADDING OR REMOVING TERRITORY. The board may
354354 add or remove territory under Subchapter J, Chapter 49, and Section
355355 54.016, Water Code, except that:
356356 (1) the addition or removal of the territory must be
357357 approved by:
358358 (A) the governing body of the city; and
359359 (B) the owners of the territory being added or
360360 removed;
361361 (2) a reference to a tax in Subchapter J, Chapter 49,
362362 or Section 54.016, Water Code, means an ad valorem tax; and
363363 (3) territory may not be removed from the district if
364364 bonds or other obligations of the district payable wholly or partly
365365 from ad valorem taxes on the territory are outstanding.
366366 Sec. 3896.109. NO EMINENT DOMAIN POWER. The district may
367367 not exercise the power of eminent domain.
368368 Sec. 3896.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
369369 COMPENSATION. The board may employ and establish the terms of
370370 employment and compensation of:
371371 (1) an executive director or general manager; or
372372 (2) any other district employee the board considers
373373 necessary.
374374 [Sections 3896.111-3896.150 reserved for expansion]
375375 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
376376 Sec. 3896.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
377377 Except as provided by Section 3896.161, the district may:
378378 (1) impose an ad valorem tax on all taxable property in
379379 the district, including industrial, commercial, and residential
380380 property, to pay for an improvement project;
381381 (2) impose an assessment on property in the district
382382 in the manner provided for:
383383 (A) a district under Subchapter F, Chapter 375,
384384 Local Government Code; or
385385 (B) a municipality or county under Subchapter A,
386386 Chapter 372, Local Government Code;
387387 (3) provide or secure the payment or repayment of the
388388 costs and expenses of the establishment, administration, and
389389 operation of the district and the district's costs or share of the
390390 costs or revenue of an improvement project or district contractual
391391 obligation or indebtedness by or through:
392392 (A) a lease, installment purchase contract, or
393393 other agreement with any person;
394394 (B) the imposition of a tax, assessment, user
395395 fee, concession fee, or rental charge; or
396396 (C) any other revenue or resource of the
397397 district;
398398 (4) establish user charges related to the operation of
399399 storm-water facilities, including the regulation of storm water for
400400 the protection of water quality in the district;
401401 (5) establish user charges for the use of nonpotable
402402 water for irrigation purposes, subject to the approval of the
403403 governing body of the city;
404404 (6) undertake separately or jointly with other
405405 persons, including the city or Dallas County, all or part of the
406406 cost of an improvement project, including an improvement project:
407407 (A) for improving, enhancing, and supporting
408408 public safety and security, fire protection and emergency medical
409409 services, and law enforcement in and adjacent to the district; or
410410 (B) that confers a general benefit on the entire
411411 district or a special benefit on a definable part of the district;
412412 and
413413 (7) enter into a tax abatement agreement in accordance
414414 with the general laws of this state authorizing and applicable to
415415 tax abatement agreements by municipalities.
416416 Sec. 3896.152. BORROWING MONEY. The district may borrow
417417 money for a district purpose by issuing or executing bonds, notes,
418418 credit agreements, or other obligations of any kind found by the
419419 board to be necessary or appropriate for the district purpose. The
420420 bond, note, credit agreement, or other obligation must be secured
421421 by and payable from ad valorem taxes, assessments, or other
422422 district revenue.
423423 Sec. 3896.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a)
424424 The district may impose an impact fee or assessment on property in
425425 the district, including an impact fee or assessment on residential
426426 or commercial property, only in the manner provided by Subchapter
427427 A, Chapter 372, or Subchapter F, Chapter 375, Local Government
428428 Code, for a municipality, county, or public improvement district,
429429 according to the benefit received by the property.
430430 (b) An impact fee for residential property must be for the
431431 limited purpose of providing capital funding for:
432432 (1) public water and wastewater facilities;
433433 (2) drainage and storm-water facilities; and
434434 (3) streets and alleys.
435435 (c) An assessment, a reassessment, or an assessment
436436 resulting from an addition to or correction of the assessment roll
437437 by the district, penalties and interest on an assessment or
438438 reassessment, or an expense of collection of an assessment,
439439 including reasonable attorney's fees, incurred by the district:
440440 (1) is a first and prior lien against the property
441441 assessed; and
442442 (2) is superior to any other lien or claim other than a
443443 lien or claim for county, school district, or municipal ad valorem
444444 taxes.
445445 (d) The board may make a correction to or deletion from the
446446 assessment roll that does not increase the amount of assessment of
447447 any parcel of land without providing notice and holding a hearing in
448448 the manner required for additional assessments.
449449 (e) The district may not impose an impact fee on the
450450 property, including equipment and facilities, of a public utility
451451 provider in the district.
452452 Sec. 3896.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
453453 Section 375.161, Local Government Code, does not apply to the
454454 district.
455455 Sec. 3896.155. MAINTENANCE AND OPERATION TAX; ELECTION.
456456 (a) Except as provided by Section 3896.161, the district may impose
457457 a tax for maintenance and operation purposes, including for:
458458 (1) planning, constructing, acquiring, maintaining,
459459 repairing, and operating all improvement projects, including land,
460460 plants, works, facilities, improvements, appliances, and equipment
461461 of the district; and
462462 (2) paying costs of services, engineering and legal
463463 fees, and organization and administrative expenses.
464464 (b) The district may not impose a maintenance and operation
465465 tax unless the maximum tax rate is approved by the governing body of
466466 the city and a majority of the district voters voting at an election
467467 held for that purpose. If the maximum tax rate is approved, the
468468 board may impose the tax at any rate that does not exceed the
469469 approved rate.
470470 (c) A maintenance and operation tax election may be held at
471471 the same time and in conjunction with any other district election.
472472 The election may be called by a separate election order or as part
473473 of any other election order.
474474 (d) The proposition in a maintenance and operation tax
475475 election may be for a specific maximum rate.
476476 Sec. 3896.156. USE OF SURPLUS MAINTENANCE AND OPERATION
477477 MONEY. If the district has surplus maintenance and operation tax
478478 money that is not needed for the purposes for which it was
479479 collected, the money may be used for any authorized purpose.
480480 Sec. 3896.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
481481 BONDS. The district may not issue bonds until the governing body of
482482 the city approves a bond issuance plan authorizing and setting
483483 forth the limitations on the issuance of the bonds.
484484 Sec. 3896.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
485485 APPROVAL. (a) Except as provided by Sections 3896.157 and
486486 3896.161, the district may issue, by competitive bid or negotiated
487487 sale, bonds, notes, or other obligations payable wholly or partly
488488 from ad valorem taxes or assessments in the manner provided by
489489 Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
490490 Government Code.
491491 (b) In exercising the district's borrowing power, the
492492 district may issue a bond or other obligation in the form of a bond,
493493 note, certificate of participation or other instrument evidencing a
494494 proportionate interest in payments to be made by the district, or
495495 other type of obligation.
496496 (c) In addition to the sources of money described by
497497 Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
498498 Government Code, district bonds may be secured and made payable
499499 wholly or partly by a pledge of any part of the net proceeds the
500500 district receives from any other district revenue.
501501 Sec. 3896.159. BOND MATURITY. Bonds must mature not more
502502 than 40 years from their date of issue.
503503 Sec. 3896.160. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a)
504504 At the time bonds or other obligations payable wholly or partly from
505505 ad valorem taxes are issued:
506506 (1) the board shall impose a continuing direct annual
507507 ad valorem tax, without limit as to rate or amount, for each year
508508 that all or part of the bonds are outstanding; and
509509 (2) the district annually shall impose an ad valorem
510510 tax on all taxable property in the district in an amount sufficient
511511 to:
512512 (A) pay the interest on the bonds or other
513513 obligations as the interest becomes due;
514514 (B) create a sinking fund for the payment of the
515515 principal of the bonds or other obligations when due or the
516516 redemption price at any earlier required redemption date; and
517517 (C) pay the expenses of imposing the taxes.
518518 (b) Bonds or other obligations that are secured by and
519519 payable from ad valorem taxes may not be issued unless the bonds and
520520 the imposition of the taxes are approved by:
521521 (1) a majority of the district voters voting at an
522522 election held for that purpose; and
523523 (2) the governing body of the city.
524524 (c) The district shall hold an election required by this
525525 section in the manner provided by Chapter 54, Water Code.
526526 Sec. 3896.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
527527 IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
528528 may issue bonds, impose taxes, or borrow money, the district and the
529529 city must negotiate and execute a mutually approved and accepted
530530 interlocal project development agreement regarding the development
531531 plans and rules for:
532532 (1) the development and operation of the district; and
533533 (2) the financing of improvement projects.
534534 Sec. 3896.162. CITY NOT REQUIRED TO PAY DISTRICT
535535 OBLIGATIONS. Except as provided by Section 375.263, Local
536536 Government Code, the city is not required to pay a bond, note, or
537537 other obligation of the district.
538538 [Sections 3896.163-3896.200 reserved for expansion]
539539 SUBCHAPTER E. DISSOLUTION
540540 Sec. 3896.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
541541 city adopts by a two-thirds vote of its governing body an ordinance
542542 to dissolve the district, the district is dissolved.
543543 (b) The district may not be dissolved until the district's
544544 outstanding indebtedness or contractual obligations payable from
545545 ad valorem taxes have been repaid or discharged.
546546 (c) The district may not be dissolved until any agreement
547547 under Section 3896.161 has been executed and the district's
548548 performance under the agreement has been fulfilled, including any
549549 right or obligation the district has to reimburse a developer or
550550 owner for the costs of improvement projects.
551551 Sec. 3896.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
552552 (a) If the dissolved district has bonds or other obligations
553553 outstanding secured by and payable from assessments or other
554554 revenue, other than ad valorem taxes, the city succeeds to the
555555 rights and obligations of the district regarding enforcement and
556556 collection of the assessments or other revenue.
557557 (b) If the district is dissolved, the city has and may
558558 exercise all district powers to enforce and collect the assessments
559559 or other revenue to pay:
560560 (1) the bonds or other obligations when due and
561561 payable according to their terms; or
562562 (2) special revenue or assessment bonds or other
563563 obligations issued by the city to refund the outstanding bonds or
564564 obligations.
565565 Sec. 3896.203. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
566566 The district may not be dissolved by the city unless the city
567567 assumes the obligations of the district, including any bonds or
568568 other indebtedness payable from assessments or other district
569569 revenue.
570570 (b) If the city dissolves the district, the board shall
571571 transfer ownership of all district property to the city.
572572 SECTION 2. The Rowlett Waterfront Entertainment Management
573573 District initially includes all territory contained in the
574574 following area:
575575 BEING approximately 97.6 acres of land located in the J. D.
576576 ALSTON SURVEY, Abstract No. 7, and the O. V. LEDBETTER SURVEY,
577577 Abstract No. 790, City of Rowlett, Dallas County, Texas. Said 97.6
578578 acres of land being more particularly described by metes and bounds
579579 as follows:
580580 BEGINNING at a point at the Southeast corner of Harborview
581581 Addition No. 3, an addition to the City of Rowlett, Dallas County,
582582 Texas, according to the plat recorded in Volume 97214, page 2715 of
583583 the Deed Records of Dallas County, Texas, and said point of
584584 beginning also being the Southwest corner of the tract of land
585585 conveyed to RP ASSOCIATES, LLP by the deed recorded in Volume
586586 2002018, page 01522 of the Deed Records of Dallas County, Texas;
587587 THENCE Northeasterly, approximately 651 feet, along the East
588588 boundary line of said Harborview Addition No. 3, and the West
589589 boundary line of said RP Associates, LLP tract to a point at the
590590 Northeast corner of said HARBORVIEW ADDITION NO. 3, and the
591591 Southeast corner of Harborview Addition No. 2, an addition to the
592592 City of Rowlett, Dallas County, Texas, according to the plat
593593 recorded in Volume 96058, page 3079 of the Deed Records of Dallas
594594 County, Texas;
595595 THENCE Northeasterly, approximately 890 feet, along the East
596596 boundary line of said Harborview Addition No. 2, and the West
597597 boundary line of said RP Associates, LLP tract, to a point at the
598598 Northeast corner of said Harborview Addition No. 2, and the
599599 Southeast corner of Harborview Addition No. 1, an addition to the
600600 City of Rowlett, Dallas County, Texas, according to the plat
601601 recorded in Volume 94032, page 5571 of the Deed Records of Dallas
602602 County, Texas;
603603 THENCE Northerly, approximately 170 feet, along the East
604604 boundary line of said Harborview Addition No. 1, and the West
605605 boundary line of said RP Associates, LLP tract, to a point at the
606606 Northwest corner of said RP Associates, LLP tract;
607607 THENCE Northeasterly, approximately 683.31 feet, along the
608608 North boundary line of said RP Associates, LLP tract to a point at
609609 the Northeast corner of said RP Associates, LLP tract, and the West
610610 boundary line of the City Of Dallas, Lake Ray Hubbard take line;
611611 THENCE Southerly, approximately 2279 feet, along the East
612612 boundary line of said RP Associates, LLP tract, and the West
613613 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
614614 a point at the Southeast corner of said RP Associates, LLP tract,
615615 and the Northeast corner of the tract of land conveyed to Lake
616616 Horizons, L.L.C. by the deed recorded in Volume 99106, page 04449 of
617617 the Deed Records of Dallas County, Texas;
618618 THENCE Southerly, approximately 2026 feet, along the East
619619 boundary line of said Lake Horizons, L.L.C. tract, and the West
620620 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
621621 a concrete monument marked K24-8, at the Southeast corner of said
622622 Lake Horizons, L.L.C. tract;
623623 THENCE Westerly, approximately 1700 feet, along the South
624624 boundary line of said Lake Horizons, L.L.C. tract, and the North
625625 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
626626 a monument marked K24-3 at the Southwest corner of said Lake
627627 Horizons, L.L.C. tract;
628628 THENCE Northerly, approximately 956 feet along the West
629629 boundary line of said Lake Horizons, L.L.C. tract, and the East
630630 boundary line of said City Of Dallas, Lake Ray Hubbard take line, to
631631 a monument marked K26-8, at the Northwest corner of said Lake
632632 Horizons, L.L.C. tract, being the Southwest corner of the tract of
633633 land designated as TRACT II in the Deed to MBI Commercial Realty,
634634 recorded in Volume 98185, page 00072 of the Deed Records of Dallas
635635 County, Texas;
636636 THENCE Northwesterly, approximately 1186 feet, along the
637637 Southwest boundary line of said TRACT II, to MBI Commercial Realty,
638638 a point at the Northwest corner of said TRACT II to MBI Commercial
639639 Realty;
640640 THENCE EASTERLY, approximately 829.6 feet along the North
641641 boundary line of said TRACT II to MBI Commercial Realty, and the
642642 South boundary line of aforesaid Harborview Addition No. 3, to the
643643 Point Of Beginning, containing approximately 97.6 acres of land.
644644 SECTION 3. (a) The legal notice of the intention to
645645 introduce this Act, setting forth the general substance of this
646646 Act, has been published as provided by law, and the notice and a
647647 copy of this Act have been furnished to all persons, agencies,
648648 officials, or entities to which they are required to be furnished
649649 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
650650 Government Code.
651651 (b) The governor, one of the required recipients, has
652652 submitted the notice and Act to the Texas Commission on
653653 Environmental Quality.
654654 (c) The Texas Commission on Environmental Quality has filed
655655 its recommendations relating to this Act with the governor,
656656 lieutenant governor, and speaker of the house of representatives
657657 within the required time.
658658 (d) The general law relating to consent by political
659659 subdivisions to the creation of districts with conservation,
660660 reclamation, and road powers and the inclusion of land in those
661661 districts has been complied with.
662662 (e) All requirements of the constitution and laws of this
663663 state and the rules and procedures of the legislature with respect
664664 to the notice, introduction, and passage of this Act have been
665665 fulfilled and accomplished.
666666 SECTION 4. This Act takes effect immediately if it receives
667667 a vote of two-thirds of all the members elected to each house, as
668668 provided by Section 39, Article III, Texas Constitution. If this
669669 Act does not receive the vote necessary for immediate effect, this
670670 Act takes effect September 1, 2011.
671671 * * * * *