Texas 2011 - 82nd Regular

Texas Senate Bill SB233 Compare Versions

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1	1	82R28542 JXC-D
2	2	By: Deuell S.B. No. 233
3	3	(Driver)
4	4	Substitute the following for S.B. No. 233: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Rowlett Pecan Grove 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 3895 to read as follows:
15	15	CHAPTER 3895. ROWLETT PECAN GROVE MANAGEMENT DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3895.001. 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 board member.
21	21	(4) "District" means the Rowlett Pecan Grove
22	22	Management District.
23	23	(5) "Improvement project" means any program or project
24	24	authorized by Section 3895.102, inside or outside the district.
25	25	Sec. 3895.002. 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. 3895.003. 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. 3895.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
48	48	(a) 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. 3895.005. 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 3895.109 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. 3895.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
98	98	ZONES. (a) All or any part of the area of the district is
99	99	eligible, regardless of other statutory criteria, to be included
100	100	in:
101	101	(1) a tax increment reinvestment zone created by the
102	102	city under Chapter 311, Tax Code; or
103	103	(2) a tax abatement reinvestment zone created by the
104	104	city under Chapter 312, Tax Code.
105	105	(b) All or any part of the area of the district is eligible
106	106	to be nominated for inclusion in an enterprise zone by the city
107	107	under Chapter 2303, Government Code.
108	108	Sec. 3895.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
109	109	DISTRICTS LAW. Except as otherwise provided by this chapter,
110	110	Chapter 375, Local Government Code, applies to the district.
111	111	Sec. 3895.008. LIBERAL CONSTRUCTION OF CHAPTER. This
112	112	chapter shall be liberally construed in conformity with the
113	113	findings and purposes stated in this chapter.
114	114	[Sections 3895.009-3895.050 reserved for expansion]
115	115	SUBCHAPTER B. BOARD OF DIRECTORS
116	116	Sec. 3895.051. BOARD OF DIRECTORS. The district is
117	117	governed by a board of five directors appointed under Section
118	118	3895.052 and three directors serving ex officio under Section
119	119	3895.053.
120	120	Sec. 3895.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
121	121	mayor and governing body of the city shall appoint voting
122	122	directors. A person is appointed if a majority of the members of
123	123	the governing body, including the mayor, vote to appoint that
124	124	person. A member of the governing body of the city may not be
125	125	appointed to the board.
126	126	(b) Section 375.063, Local Government Code, does not apply
127	127	to the district.
128	128	(c) The appointed directors serve staggered terms of four
129	129	years, with two or three directors' terms expiring June 1 of each
130	130	odd-numbered year.
131	131	(d) A person may not be appointed to the board if the
132	132	appointment of that person would result in fewer than three of the
133	133	directors residing in the city.
134	134	(e) The governing body of the city shall appoint a director
135	135	to fill a vacancy that occurs on the board.
136	136	(f) A director is a public official entitled to governmental
137	137	immunity for the director's official actions.
138	138	Sec. 3895.053. NONVOTING DIRECTORS. (a) The following
139	139	persons serve as nonvoting ex officio directors:
140	140	(1) the manager of the city;
141	141	(2) the financial director of the city; and
142	142	(3) the planning director of the city.
143	143	(b) If an office described by Subsection (a) is renamed,
144	144	changed, or abolished, the governing body of the city may appoint
145	145	another city officer or employee who performs duties comparable to
146	146	those performed by the officer described by Subsection (a).
147	147	Sec. 3895.054. CONFLICTS OF INTEREST. (a) Except as
148	148	provided by Section 3895.053 or this section:
149	149	(1) a director may participate in all board votes and
150	150	decisions; and
151	151	(2) Chapter 171, Local Government Code, governs
152	152	conflicts of interest of board members.
153	153	(b) A director who has a beneficial interest in a business
154	154	entity that will receive a pecuniary benefit from an action of the
155	155	board may participate in discussion and vote on that action if a
156	156	majority of the board has a similar interest in the same action or
157	157	if all other similar business entities in the district will receive
158	158	a similar pecuniary benefit.
159	159	(c) A director who is also an officer or employee of a public
160	160	entity may not participate in a discussion of or vote on a matter
161	161	regarding a contract with that same public entity.
162	162	Sec. 3895.055. DIRECTOR'S OATH OR AFFIRMATION. A
163	163	director's oath or affirmation of office shall be filed with the
164	164	district and the district shall retain the oath or affirmation in
165	165	the district records.
166	166	Sec. 3895.056. OFFICERS. The board shall elect from among
167	167	the directors a chair, vice chair, and secretary.
168	168	Sec. 3895.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
169	169	EXPENSES. A director is not entitled to compensation for service on
170	170	the board but is entitled to be reimbursed for necessary expenses
171	171	incurred in carrying out the duties and responsibilities of a
172	172	director.
173	173	Sec. 3895.058. INITIAL DIRECTORS. (a) The initial board
174	174	consists of the following directors:
175	175	(1)__________________________________;
176	176	(2)__________________________________;
177	177	(3)__________________________________;
178	178	(4)__________________________________; and
179	179	(5)__________________________________.
180	180	(b) Of the initial directors, the terms of directors
181	181	appointed for positions 1 and 2 expire June 1, 2013, and the terms
182	182	of directors appointed for positions 3 through 5 expire June 1,
183	183	2015.
184	184	(c) This section expires September 1, 2015.
185	185	Sec. 3895.059. QUORUM. For purposes of determining whether
186	186	a quorum of the board is present, the following are not counted:
187	187	(1) a board position vacant for any reason, including
188	188	death, resignation, or disqualification;
189	189	(2) a director who is abstaining from participation in
190	190	a vote because of a conflict of interest; or
191	191	(3) a nonvoting director.
192	192	[Sections 3895.060-3895.100 reserved for expansion]
193	193	SUBCHAPTER C. POWERS AND DUTIES
194	194	Sec. 3895.101. GENERAL POWERS AND DUTIES. The district has
195	195	the powers and duties provided by:
196	196	(1) the general laws relating to conservation and
197	197	reclamation districts created under Section 59, Article XVI, Texas
198	198	Constitution, including Chapters 49 and 54, Water Code;
199	199	(2) the general laws relating to road districts and
200	200	road utility districts created under Section 52(b), Article III,
201	201	Texas Constitution, including Chapter 441, Transportation Code;
202	202	and
203	203	(3) Chapter 375, Local Government Code.
204	204	Sec. 3895.102. IMPROVEMENT PROJECTS. (a) The district may
205	205	provide, or it may enter into contracts with a governmental or
206	206	private entity to provide, the following types of improvement
207	207	projects or activities in support of or incidental to those
208	208	projects:
209	209	(1) a supply and distribution facility or system to
210	210	provide potable and city-approved nonpotable water to the residents
211	211	and businesses of the district, including a wastewater collection
212	212	facility;
213	213	(2) a paved road or street, inside and outside the
214	214	district, to the extent authorized by Section 52, Article III,
215	215	Texas Constitution;
216	216	(3) the planning, design, construction, improvement,
217	217	and maintenance of:
218	218	(A) landscaping;
219	219	(B) highway right-of-way or transit corridor
220	220	beautification and improvement;
221	221	(C) lighting, banners, and signs;
222	222	(D) a street or sidewalk;
223	223	(E) a hiking and cycling path or trail;
224	224	(F) a pedestrian walkway, skywalk, crosswalk, or
225	225	tunnel;
226	226	(G) a park, lake, garden, recreational facility,
227	227	sports facility, open space, scenic area, or related exhibit or
228	228	preserve;
229	229	(H) a fountain, plaza, or pedestrian mall; or
230	230	(I) a drainage or storm-water detention
231	231	improvement;
232	232	(4) protection and improvement of the quality of storm
233	233	water that flows through the district;
234	234	(5) the planning, design, construction, improvement,
235	235	maintenance, and operation of:
236	236	(A) a water or sewer facility; or
237	237	(B) an off-street parking facility or heliport;
238	238	(6) the planning and acquisition of:
239	239	(A) public art and sculpture and related exhibits
240	240	and facilities; or
241	241	(B) an educational and cultural exhibit or
242	242	facility;
243	243	(7) the planning, design, construction, acquisition,
244	244	lease, rental, improvement, maintenance, installation, and
245	245	management of and provision of furnishings for a facility for:
246	246	(A) a conference, convention, or exhibition;
247	247	(B) a manufacturer, consumer, or trade show;
248	248	(C) a civic, community, or institutional event;
249	249	or
250	250	(D) an exhibit, display, attraction, special
251	251	event, or seasonal or cultural celebration or holiday;
252	252	(8) the removal, razing, demolition, or clearing of
253	253	land or improvements in connection with an improvement project;
254	254	(9) the acquisition and improvement of land or other
255	255	property for the mitigation of the environmental effects of an
256	256	improvement project;
257	257	(10) the acquisition of property or an interest in
258	258	property in connection with an authorized improvement project;
259	259	(11) a special or supplemental service for the
260	260	improvement and promotion of the district or an area adjacent to the
261	261	district or for the protection of public health and safety in or
262	262	adjacent to the district, including:
263	263	(A) advertising;
264	264	(B) promotion;
265	265	(C) tourism;
266	266	(D) health and sanitation;
267	267	(E) public safety;
268	268	(F) security;
269	269	(G) fire protection or emergency medical
270	270	services;
271	271	(H) business recruitment;
272	272	(I) development;
273	273	(J) elimination of traffic congestion; and
274	274	(K) recreational, educational, or cultural
275	275	improvements, enhancements, and services; or
276	276	(12) any similar public improvement, facility, or
277	277	service.
278	278	(b) The district may not undertake an improvement project
279	279	under this section unless the board determines the project to be
280	280	necessary to accomplish a public purpose of the district.
281	281	(c) An improvement project must comply with any applicable
282	282	city requirements, including codes and ordinances.
283	283	(d) The district may not provide, conduct, or authorize any
284	284	improvement project on the city streets, highways, rights-of-way,
285	285	or easements without the consent of the governing body of the city.
286	286	(e) The district shall immediately comply with any city
287	287	ordinance, order, or resolution that:
288	288	(1) requires the district to transfer to the city the
289	289	title to all or any portion of an improvement project; or
290	290	(2) authorizes the district to own, encumber,
291	291	maintain, and operate an improvement project, subject to the right
292	292	of the city to order a conveyance of the project to the city on a
293	293	date determined by the city.
294	294	(f) For the purposes of this section, planning, design,
295	295	construction, improvement, and maintenance of a lake include work
296	296	done for drainage, reclamation, or recreation.
297	297	Sec. 3895.103. DEVELOPMENT CORPORATION POWERS. The
298	298	district, using money available to the district, may exercise the
299	299	powers given to a development corporation under Chapter 505, Local
300	300	Government Code, including the power to own, operate, acquire,
301	301	construct, lease, improve, or maintain a project under that
302	302	chapter.
303	303	Sec. 3895.104. GENERAL POWERS REGARDING CONTRACTS.
304	304	(a) The district may:
305	305	(1) contract with any person to accomplish any
306	306	district purpose, including a contract for:
307	307	(A) the payment, repayment, or reimbursement of
308	308	costs incurred by that person on behalf of the district, including
309	309	all or part of the costs of an improvement project and interest on
310	310	the reimbursed cost; or
311	311	(B) the use, occupancy, lease, rental,
312	312	operation, maintenance, or management of all or part of a proposed
313	313	or existing improvement project; and
314	314	(2) apply for and contract with any person to receive,
315	315	administer, and perform a duty or obligation of the district under a
316	316	federal, state, local, or private gift, grant, loan, conveyance,
317	317	transfer, bequest, or other financial assistance arrangement
318	318	relating to the investigation, planning, analysis, study, design,
319	319	acquisition, construction, improvement, completion,
320	320	implementation, or operation by the district or others of a
321	321	proposed or existing improvement project.
322	322	(b) A contract the district enters into to carry out a
323	323	purpose of this chapter may be on any terms and for any period the
324	324	board determines, including a negotiable or nonnegotiable note or
325	325	warrant payable to the city, Dallas County, and any other person.
326	326	(c) Any person may contract with the district to carry out
327	327	the purposes of this chapter without further statutory or other
328	328	authorization.
329	329	(d) A contract payable from ad valorem taxes for a period
330	330	longer than one year must be approved by the governing body of the
331	331	city.
332	332	Sec. 3895.105. COMPETITIVE BIDDING. Section 375.221, Local
333	333	Government Code, applies only to a district contract that has a
334	334	value of more than $50,000.
335	335	Sec. 3895.106. ECONOMIC DEVELOPMENT. (a) The district may
336	336	engage in activities that accomplish the economic development
337	337	purposes of the district.
338	338	(b) The district may establish and provide for the
339	339	administration of one or more programs to promote state or local
340	340	economic development and to stimulate business and commercial
341	341	activity in the district, including programs to:
342	342	(1) make loans and grants of public money; and
343	343	(2) provide district personnel and services.
344	344	(c) The district may create economic development programs
345	345	and exercise the economic development powers that:
346	346	(1) Chapter 380, Local Government Code, provides to a
347	347	municipality; and
348	348	(2) Subchapter A, Chapter 1509, Government Code,
349	349	provides to a municipality.
350	350	Sec. 3895.107. RULES; ENFORCEMENT. (a) The district may
351	351	adopt rules:
352	352	(1) to administer or operate the district;
353	353	(2) for the use, enjoyment, availability, protection,
354	354	security, and maintenance of the district's property and
355	355	facilities; or
356	356	(3) to provide for public safety and security in the
357	357	district.
358	358	(b) The district may enforce its rules by injunctive relief.
359	359	(c) To the extent a district rule conflicts with a city rule
360	360	or order, the city rule or order controls.
361	361	Sec. 3895.108. NAME CHANGE. The board by resolution may
362	362	change the district's name. The board shall give written notice of
363	363	the change to the city.
364	364	Sec. 3895.109. ADDING OR REMOVING TERRITORY. The board may
365	365	add or remove territory under Subchapter J, Chapter 49, and Section
366	366	54.016, Water Code, except that:
367	367	(1) the addition or removal of the territory must be
368	368	approved by:
369	369	(A) the governing body of the city; and
370	370	(B) the owners of the territory being added or
371	371	removed;
372	372	(2) a reference to a tax in Subchapter J, Chapter 49,
373	373	or Section 54.016, Water Code, means an ad valorem tax; and
374	374	(3) territory may not be removed from the district if
375	375	bonds or other obligations of the district payable wholly or partly
376	376	from ad valorem taxes on the territory are outstanding.
377	377	Sec. 3895.110. NO EMINENT DOMAIN POWER. The district may
378	378	not exercise the power of eminent domain.
379	379	Sec. 3895.111. NO TOLL ROADS. The district may not
380	380	construct, acquire, maintain, or operate a toll road.
381	381	Sec. 3895.112. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
382	382	COMPENSATION. The board may employ and establish the terms of
383	383	employment and compensation of:
384	384	(1) an executive director or general manager; or
385	385	(2) any other district employee the board considers
386	386	necessary.
387	387	[Sections 3895.113-3895.150 reserved for expansion]
388	388	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
389	389	Sec. 3895.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
390	390	Except as provided by Section 3895.161, the district may:
391	391	(1) impose an ad valorem tax on all taxable property in
392	392	the district, including industrial, commercial, and residential
393	393	property, to pay for an improvement project;
394	394	(2) impose an assessment on property in the district
395	395	in the manner provided for:
396	396	(A) a district under Subchapter F, Chapter 375,
397	397	Local Government Code; or
398	398	(B) a municipality or county under Subchapter A,
399	399	Chapter 372, Local Government Code;
400	400	(3) provide or secure the payment or repayment of the
401	401	costs and expenses of the establishment, administration, and
402	402	operation of the district and the district's costs or share of the
403	403	costs or revenue of an improvement project or district contractual
404	404	obligation or indebtedness by or through:
405	405	(A) a lease, installment purchase contract, or
406	406	other agreement with any person;
407	407	(B) the imposition of a tax, assessment, user
408	408	fee, concession fee, or rental charge; or
409	409	(C) any other revenue or resource of the
410	410	district;
411	411	(4) establish user charges related to the operation of
412	412	storm-water facilities, including the regulation of storm water for
413	413	the protection of water quality in the district;
414	414	(5) establish user charges for the use of nonpotable
415	415	water for irrigation purposes, subject to the approval of the
416	416	governing body of the city;
417	417	(6) undertake separately or jointly with other
418	418	persons, including the city or Dallas County, all or part of the
419	419	cost of an improvement project, including an improvement project:
420	420	(A) for improving, enhancing, and supporting
421	421	public safety and security, fire protection and emergency medical
422	422	services, and law enforcement in and adjacent to the district; or
423	423	(B) that confers a general benefit on the entire
424	424	district or a special benefit on a definable part of the district;
425	425	and
426	426	(7) enter into a tax abatement agreement in accordance
427	427	with the general laws of this state authorizing and applicable to
428	428	tax abatement agreements by municipalities.
429	429	Sec. 3895.152. BORROWING MONEY. The district may borrow
430	430	money for a district purpose by issuing or executing bonds, notes,
431	431	credit agreements, or other obligations of any kind found by the
432	432	board to be necessary or appropriate for the district purpose. The
433	433	bond, note, credit agreement, or other obligation must be secured
434	434	by and payable from ad valorem taxes, assessments, or other
435	435	district revenue.
436	436	Sec. 3895.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
437	437	(a) The district may impose an impact fee or assessment on
438	438	property in the district, including an impact fee or assessment on
439	439	residential or commercial property, only in the manner provided by
440	440	Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
441	441	Government Code, for a municipality, county, or public improvement
442	442	district, according to the benefit received by the property.
443	443	(b) An impact fee for residential property must be for the
444	444	limited purpose of providing capital funding for:
445	445	(1) public water and wastewater facilities;
446	446	(2) drainage and storm-water facilities; and
447	447	(3) streets and alleys.
448	448	(c) An assessment, a reassessment, or an assessment
449	449	resulting from an addition to or correction of the assessment roll
450	450	by the district, penalties and interest on an assessment or
451	451	reassessment, or an expense of collection of an assessment,
452	452	including reasonable attorney's fees, incurred by the district:
453	453	(1) is a first and prior lien against the property
454	454	assessed; and
455	455	(2) is superior to any other lien or claim other than a
456	456	lien or claim for county, school district, or municipal ad valorem
457	457	taxes.
458	458	(d) The board may make a correction to or deletion from the
459	459	assessment roll that does not increase the amount of assessment of
460	460	any parcel of land without providing notice and holding a hearing in
461	461	the manner required for additional assessments.
462	462	(e) The district may not impose an impact fee on the
463	463	property, including equipment and facilities, of a public utility
464	464	provider in the district.
465	465	Sec. 3895.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
466	466	Section 375.161, Local Government Code, does not apply to the
467	467	district.
468	468	Sec. 3895.155. MAINTENANCE AND OPERATION TAX; ELECTION.
469	469	(a) Except as provided by Section 3895.161, the district may
470	470	impose a tax for maintenance and operation purposes, including for:
471	471	(1) planning, constructing, acquiring, maintaining,
472	472	repairing, and operating all improvement projects, including land,
473	473	plants, works, facilities, improvements, appliances, and equipment
474	474	of the district; and
475	475	(2) paying costs of services, engineering and legal
476	476	fees, and organization and administrative expenses.
477	477	(b) The district may not impose a maintenance and operation
478	478	tax unless the maximum tax rate is approved by the governing body of
479	479	the city and a majority of the district voters voting at an election
480	480	held for that purpose. If the maximum tax rate is approved, the
481	481	board may impose the tax at any rate that does not exceed the
482	482	approved rate.
483	483	(c) A maintenance and operation tax election may be held at
484	484	the same time and in conjunction with any other district election.
485	485	The election may be called by a separate election order or as part
486	486	of any other election order.
487	487	(d) The proposition in a maintenance and operation tax
488	488	election may be for a specific maximum rate.
489	489	Sec. 3895.156. USE OF SURPLUS MAINTENANCE AND OPERATION
490	490	MONEY. If the district has surplus maintenance and operation tax
491	491	money that is not needed for the purposes for which it was
492	492	collected, the money may be used for any authorized purpose.
493	493	Sec. 3895.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
494	494	BONDS. The district may not issue bonds until the governing body of
495	495	the city approves a bond issuance plan authorizing and setting
496	496	forth the limitations on the issuance of the bonds.
497	497	Sec. 3895.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
498	498	APPROVAL. (a) Except as provided by Sections 3895.157 and
499	499	3895.161, the district may issue, by competitive bid or negotiated
500	500	sale, bonds, notes, or other obligations payable wholly or partly
501	501	from ad valorem taxes or assessments in the manner provided by
502	502	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
503	503	Government Code.
504	504	(b) In exercising the district's borrowing power, the
505	505	district may issue a bond or other obligation in the form of a bond,
506	506	note, certificate of participation or other instrument evidencing a
507	507	proportionate interest in payments to be made by the district, or
508	508	other type of obligation.
509	509	(c) In addition to the sources of money described by
510	510	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
511	511	Government Code, district bonds may be secured and made payable
512	512	wholly or partly by a pledge of any part of the net proceeds the
513	513	district receives from any other district revenue.
514	514	Sec. 3895.159. BOND MATURITY. Bonds must mature not more
515	515	than 40 years from their date of issue.
516	516	Sec. 3895.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
517	517	(a) At the time bonds or other obligations payable wholly or
518	518	partly from ad valorem taxes are issued:
519	519	(1) the board shall impose a continuing direct annual
520	520	ad valorem tax, without limit as to rate or amount, for each year
521	521	that all or part of the bonds are outstanding; and
522	522	(2) the district annually shall impose an ad valorem
523	523	tax on all taxable property in the district in an amount sufficient
524	524	to:
525	525	(A) pay the interest on the bonds or other
526	526	obligations as the interest becomes due;
527	527	(B) create a sinking fund for the payment of the
528	528	principal of the bonds or other obligations when due or the
529	529	redemption price at any earlier required redemption date; and
530	530	(C) pay the expenses of imposing the taxes.
531	531	(b) Bonds or other obligations that are secured by and
532	532	payable from ad valorem taxes may not be issued unless the bonds and
533	533	the imposition of the taxes are approved by:
534	534	(1) a majority of the district voters voting at an
535	535	election held for that purpose; and
536	536	(2) the governing body of the city.
537	537	(c) The district shall hold an election required by this
538	538	section in the manner provided by Chapter 54, Water Code.
539	539	Sec. 3895.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
540	540	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
541	541	may issue bonds, impose taxes, or borrow money, the district and the
542	542	city must negotiate and execute a mutually approved and accepted
543	543	interlocal project development agreement regarding the development
544	544	plans and rules for:
545	545	(1) the development and operation of the district; and
546	546	(2) the financing of improvement projects.
547	547	Sec. 3895.162. CITY NOT REQUIRED TO PAY DISTRICT
548	548	OBLIGATIONS. Except as provided by Section 375.263, Local
549	549	Government Code, the city is not required to pay a bond, note, or
550	550	other obligation of the district.
551	551	[Sections 3895.163-3895.200 reserved for expansion]
552	552	SUBCHAPTER E. DISSOLUTION
553	553	Sec. 3895.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
554	554	city adopts by a two-thirds vote of its governing body an ordinance
555	555	to dissolve the district, the district is dissolved.
556	556	(b) The district may not be dissolved until the district's
557	557	outstanding indebtedness or contractual obligations payable from
558	558	ad valorem taxes have been repaid or discharged.
559	559	(c) The district may not be dissolved until any agreement
560	560	under Section 3895.161 has been executed and the district's
561	561	performance under the agreement has been fulfilled, including any
562	562	right or obligation the district has to reimburse a developer or
563	563	owner for the costs of improvement projects.
564	564	Sec. 3895.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
565	565	(a) If the dissolved district has bonds or other obligations
566	566	outstanding secured by and payable from assessments or other
567	567	revenue, other than ad valorem taxes, the city succeeds to the
568	568	rights and obligations of the district regarding enforcement and
569	569	collection of the assessments or other revenue.
570	570	(b) If the district is dissolved, the city has and may
571	571	exercise all district powers to enforce and collect the assessments
572	572	or other revenue to pay:
573	573	(1) the bonds or other obligations when due and
574	574	payable according to their terms; or
575	575	(2) special revenue or assessment bonds or other
576	576	obligations issued by the city to refund the outstanding bonds or
577	577	obligations.
578	578	Sec. 3895.203. ASSUMPTION OF ASSETS AND LIABILITIES.
579	579	(a) The district may not be dissolved by the city unless the city
580	580	assumes the obligations of the district, including any bonds or
581	581	other indebtedness payable from assessments or other district
582	582	revenue.
583	583	(b) If the city dissolves the district, the board shall
584	584	transfer ownership of all district property to the city.
585	585	SECTION 2. The Rowlett Pecan Grove Management District
586	586	initially includes all territory contained in the following area:
587	587	TRACT 1: BEING Lots 1 and 2, in Block A of Pecan Grove Park
588	588	Addition, an Addition to the City of Rowlett, Dallas County, Texas,
589	589	according to the Map thereof recorded under cc#200600238026, Real
590	590	Property Records of Dallas County, Texas; and
591	591	TRACT 2: BEING all that certain lot, tract or parcel of land
592	592	situated in the Thomas Lumley Survey, Abstract No. 789, City of
593	593	Rowlett, Dallas County, Texas, and being a part of a 87.934 acres
594	594	tract of land as described in a Special Warranty deed from Garland
595	595	Independent School District to City of Rowlett, dated August 27,
596	596	1997 and being recorded in Volume 97175, Page 1103 of the Deed
597	597	Records of Dallas County, Texas, and being more particularly
598	598	described as follows:
599	599	BEGINNING at a 3/8" iron rod found for corner in the east
600	600	right-of-way line of Kirby Road (variable width right-of-way) and
601	601	in the meanders of a creek, said point being at the west most
602	602	northwest corner of said 87.934 acres tract and at the southwest
603	603	corner of Lot 1, Block A, Rowlett High School, an Addition to the
604	604	City of Rowlett, Texas, according to the Map thereof recorded in
605	605	Volume 94179, Page 1344 of the Map Records of Dallas County, Texas;
606	606	THENCE in an easterly direction along the south line of said
607	607	Addition and generally along the meanders of said creek as follows:
608	608	S. 26 deg. 27 min. 49 sec. E. a distance of 111.48 feet;
609	609	N. 70 deg. 10 min. 55 sec. E. a distance of 260.00 feet;
610	610	S. 79 deg. 19 min. 59 sec. E. a distance of 195.00 feet;
611	611	N. 81 deg. 03 min. 35 sec. E. a distance of 110.00 feet;
612	612	S. 51 deg. 03 min. 57 sec. E. a distance of 60.00 feet;
613	613	N. 79 deg. 18 min. 55 sec. E. a distance of 175.00 feet;
614	614	S. 38 deg. 56 min. 57 sec. E. a distance of 142.00 feet;
615	615	N. 57 deg. 52 min. 19 sec. E. a distance of 115.00 feet;
616	616	S. 15 deg. 11 min. 06 sec. E. a distance of 108.00 feet;
617	617	S. 19 deg. 47 min. 39 sec. W. a distance of 106.00 feet;
618	618	S. 78 deg. 40 min. 34 sec. E. a distance of 335.00 feet;
619	619	S. 13 deg. 24 min. 39 sec. E. a distance of 92.20 feet;
620	620	THENCE N. 59 deg. 02 min. 24 sec. E. leaving the meanders of
621	621	said creek and continuing along the south line of said Addition, a
622	622	distance of 219.48 feet to a 1/2" iron rod found for corner at the
623	623	southeast corner of said Addition and being in the west line of a
624	624	100 foot T.P. & L. Co. easement as recorded in Volume 67115, Page
625	625	202 of the Deed Records of Dallas County, Texas;
626	626	THENCE N. 00 deg. 55 min. 24 sec. W. along the east line of
627	627	said Addition, a distance of 500.14 feet to a 5/8" iron rod found
628	628	for corner at the southwest corner of Lot 2, Block A, of Pecan Grove
629	629	Park Addition, an Addition to the City of Rowlett, Dallas County,
630	630	Texas, according to the Map thereof recorded under cc#200600238026,
631	631	Real Property Records of Dallas County, Texas;
632	632	THENCE N. 89 deg. 04 min. 17 sec. E. along the south line of
633	633	said Lot 2, a distance of 936.07 feet to a 5/8" iron rod found for
634	634	corner at the southeast corner of Lot 2 and the south most southwest
635	635	corner of said Lot 1;
636	636	THENCE N. 68 deg. 17 min. 12 sec. E. along the southeast line
637	637	of said Lot 1, a distance of 800.60 feet to a 5/8" iron rod found for
638	638	corner in the southwest right-of-way line of Dallas Area Rapid
639	639	Transit (100' R.O.W.)
640	640	THENCE S. 45 deg. 29 min. 56 sec. E. along said right-of-way
641	641	line, a distance of 97.69 feet to a 1/2" iron rod found for corner in
642	642	the west take line of the City of Dallas for Lake Ray Hubbard as
643	643	recorded in Volume 69061, Page 970 of the Deed Records of Dallas
644	644	County, Texas;
645	645	THENCE S. 18 deg. 04 min. 52 sec. E. along said take line, a
646	646	distance of 338.92 feet to a concrete monument with brass disk
647	647	marked "City of Dallas Water Dept. U-10-2" found for corner;
648	648	THENCE S. 02 deg. 36 min. 36 sec. E. along said take line, a
649	649	distance of 502.17 feet to a concrete monument with brass disk
650	650	marked "City of Dallas Water Dept. U-6-2" found for corner;
651	651	THENCE S. 19 deg. 09 min. 28 sec. W. along said take line, a
652	652	distance of 477.18 feet to a broken concrete monument with brass
653	653	disk marked "City of Dallas Water Dept. U-6-1" found for corner;
654	654	THENCE S. 89 deg. 19 min. 30 sec. W. along the north line of a
655	655	2.29 acres tract as described in a Deed to Singh Lalsingh Sanker, as
656	656	recorded in Volume 87085, Page 4639 of the Deed Records of Dallas
657	657	County, Texas, a distance of 705.12 feet to a 1/2" iron rod found
658	658	for corner in the east right-of-way line of Miller Heights Drive
659	659	(60' R.O.W.);
660	660	THENCE N. 02 deg. 54 min. 52 sec. E., along said right-of-way
661	661	line, a distance of 10.12 feet to a 1/2" iron rod found for corner;
662	662	THENCE S. 89 deg. 18 min. 25 sec. W. along said right-of-way
663	663	line, a distance of 2546.89 feet to a 1/2" iron rod found for corner
664	664	in the east right-of-way line of Kirby Road and being at the
665	665	southwest corner of said 87.934 acres tract;
666	666	THENCE N. 00 deg. 54 min. 25 sec. W. along said right-of-way
667	667	line, a distance of 569.41 feet to a 1/2" iron rod found for corner;
668	668	THENCE N. 05 deg. 30 min. 22 sec. E. along said right-of-way
669	669	line, a distance of 200.25 feet to a 1/2" iron rod found for corner;
670	670	THENCE N. 00 deg. 57 min. 36 sec. W. along said right-of-way
671	671	line, a distance of 123.69 feet to the POINT OF BEGINNING and
672	672	containing 3,171.925 square feet or 72.82 acres of land.
673	673	SECTION 3. (a) The legal notice of the intention to
674	674	introduce this Act, setting forth the general substance of this
675	675	Act, has been published as provided by law, and the notice and a
676	676	copy of this Act have been furnished to all persons, agencies,
677	677	officials, or entities to which they are required to be furnished
678	678	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
679	679	Government Code.
680	680	(b) The governor, one of the required recipients, has
681	681	submitted the notice and Act to the Texas Commission on
682	682	Environmental Quality.
683	683	(c) The Texas Commission on Environmental Quality has filed
684	684	its recommendations relating to this Act with the governor,
685	685	lieutenant governor, and speaker of the house of representatives
686	686	within the required time.
687	687	(d) The general law relating to consent by political
688	688	subdivisions to the creation of districts with conservation,
689	689	reclamation, and road powers and the inclusion of land in those
690	690	districts has been complied with.
691	691	(e) All requirements of the constitution and laws of this
692	692	state and the rules and procedures of the legislature with respect
693	693	to the notice, introduction, and passage of this Act have been
694	694	fulfilled and accomplished.
695	695	SECTION 4. This Act takes effect immediately if it receives
696	696	a vote of two-thirds of all the members elected to each house, as
697	697	provided by Section 39, Article III, Texas Constitution. If this
698	698	Act does not receive the vote necessary for immediate effect, this
699	699	Act takes effect September 1, 2011.