Texas 2011 - 82nd Regular

Texas Senate Bill SB234 Compare Versions

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1	1	82R28590 JXC-D
2	2	By: Deuell S.B. No. 234
3	3	(Driver)
4	4	Substitute the following for S.B. No. 234: 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 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.
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. 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 3894.109 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. 3894.006. 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. 3894.007. 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. 3894.008. 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 3894.009-3894.050 reserved for expansion]
115	115	SUBCHAPTER B. BOARD OF DIRECTORS
116	116	Sec. 3894.051. BOARD OF DIRECTORS. The district is
117	117	governed by a board of five directors appointed under Section
118	118	3894.052 and three directors serving ex officio under Section
119	119	3894.053.
120	120	Sec. 3894.052. 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) District directors are public officials entitled to
137	137	governmental immunity for their official actions.
138	138	Sec. 3894.053. 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. 3894.054. CONFLICTS OF INTEREST. (a) Except as
148	148	provided by Section 3894.053 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. 3894.055. 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. 3894.056. OFFICERS. The board shall elect from among
167	167	the directors a chair, vice chair, and secretary.
168	168	Sec. 3894.057. 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. 3894.058. 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. 3894.059. 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 3894.060-3894.100 reserved for expansion]
193	193	SUBCHAPTER C. POWERS AND DUTIES
194	194	Sec. 3894.101. 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. 3894.102. 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. 3894.103. 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. 3894.104. 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. 3894.105. 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. 3894.106. 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. 3894.107. 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. 3894.108. 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. 3894.109. 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. 3894.110. NO EMINENT DOMAIN POWER. The district may
378	378	not exercise the power of eminent domain.
379	379	Sec. 3894.111. NO TOLL ROADS. The district may not
380	380	construct, acquire, maintain, or operate a toll road.
381	381	Sec. 3894.112. 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 3894.113-3894.150 reserved for expansion]
388	388	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
389	389	Sec. 3894.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
390	390	Except as provided by Section 3894.161, 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. 3894.152. 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. 3894.153. 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. 3894.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
466	466	Section 375.161, Local Government Code, does not apply to the
467	467	district.
468	468	Sec. 3894.155. MAINTENANCE AND OPERATION TAX; ELECTION.
469	469	(a) Except as provided by Section 3894.161, 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. 3894.156. 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. 3894.157. 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. 3894.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
498	498	APPROVAL. (a) Except as provided by Sections 3894.157 and
499	499	3894.161, 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. 3894.159. BOND MATURITY. Bonds may mature not more
515	515	than 40 years from their date of issue.
516	516	Sec. 3894.160. 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. 3894.161. 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. 3894.162. 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 3894.163-3894.200 reserved for expansion]
552	552	SUBCHAPTER E. DISSOLUTION
553	553	Sec. 3894.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
554	554	city by ordinance adopts by a two-thirds vote of its governing body
555	555	an ordinance 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 the agreement
560	560	under Section 3894.161 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. 3894.202. 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. 3894.203. 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 Downtown Management District
586	586	initially includes all territory contained in the following area:
587	587	BEING approximately 19 acres of land located in the Thomas
588	588	Payne Survey, Abstract No. 1165, and approximately 19 acres of land
589	589	located in the William Crabtree Survey, Abstract No. 347, City of
590	590	Rowlett, Dallas County, Texas. Said 38 combined acres of land being
591	591	more particularly described by metes and bounds as follows:
592	592	BEGINNING at a 1/2" iron pipe found in the South boundary line
593	593	of said Payne Survey, and the North boundary line of said Crabtree
594	594	Survey, at the point of intersection of said Survey line with the
595	595	South right-of-way line of The Dallas Area Rapid Transit railroad,
596	596	and said Point Of Beginning also being the West corner of the tract
597	597	of land conveyed to the City of Rowlett by the deed recorded in
598	598	Volume 2004067, page 04282 of the Deed Records of Dallas County,
599	599	Texas;
600	600	THENCE Northeasterly, approximately 166 feet, along the
601	601	South right-of-way line of said Dallas Area Rapid Transit railroad
602	602	to a point at the intersection of the West right-of-way line of
603	603	Commerce Street;
604	604	THENCE Northeasterly, approximately 114 feet, crossing said
605	605	Dallas Area Rapid Transit railroad to a point in the North
606	606	right-of-way line of said railroad, lying at the most Southerly
607	607	Southeast corner of Lot 5, Block 5, Rowlett Business Park, No. 2, an
608	608	addition to the City of Rowlett, Dallas County, Texas, according to
609	609	the plat recorded in Volume 82015, page 1127 of the Deed Records of
610	610	Dallas County, Texas;
611	611	THENCE Northerly, approximately 155 feet, along the most
612	612	Southerly East boundary line of said Lot 5, and the West boundary
613	613	line of the tract of land conveyed to the City of Rowlett by the deed
614	614	recorded in Volume 99034, page 4307 of the Deed Records of Dallas
615	615	County, Texas, to a point at the Northwest corner of said City of
616	616	Rowlett tract, being the Southwest corner of the tract of land
617	617	conveyed to the City of Rowlett by the deed recorded in Volume
618	618	99083, page 2213 of the Deed Records of Dallas County, Texas;
619	619	THENCE Northerly, approximately 285 feet, along the West
620	620	boundary line of said City of Rowlett tract recorded in Volume
621	621	99083, page 2213 of the Deed Records of Dallas County, Texas, to a
622	622	point in the North right-of-way line of Melcer Drive;
623	623	THENCE Easterly, approximately 837 feet, along the North
624	624	right-of-way line of said Melcer Drive, to a point in the West
625	625	right-of-way line of Martin Drive;
626	626	THENCE Northerly, approximately 820 feet, along the West
627	627	right-of-way line of said Martin Drive, to a point in the South
628	628	right-of-way line of Lakeview Parkway;
629	629	THENCE Easterly, approximately 195 feet, along the South
630	630	right-of-way line of said Lakeview Parkway, to a point at the
631	631	Northeast corner of Lot 1, Block 1, Carlisle Subdivision, an
632	632	addition to the City of Rowlett, Dallas County, Texas, according to
633	633	the plat recorded in Volume 85081, page 1854 of the Deed Records of
634	634	Dallas County, Texas;
635	635	THENCE Southerly, approximately 201 feet along the East
636	636	boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
637	637	point at the Southeast corner of said Lot 1;
638	638	THENCE Westerly, approximately 145 feet along the South
639	639	boundary line of said Lot 1, Block 1, Carlisle Subdivision, to a
640	640	point in the East right-of-way line of aforesaid Martin Drive;
641	641	THENCE Southerly, approximately 217 feet, along the East
642	642	right-of-way line of said Martin Drive, to a point in the North
643	643	right-of-way line of Industrial Street;
644	644	THENCE Easterly, approximately 1,251 feet along the North
645	645	right-of-way line of said Industrial Street, being the South
646	646	boundary line of Block 3, of aforesaid Rowlett Business Park, No. 2,
647	647	to a point at the most Easterly Southeast corner of Lot 11 of said
648	648	Block 3, Rowlett Business Park No. 2;
649	649	THENCE Southerly, approximately 544 feet, crossing said
650	650	Industrial Street, and running along the East boundary line of Lot
651	651	24, of Block 5 of said Rowlett Business Park No. 2, to a point at the
652	652	Southeast corner of said Lot 24, lying in the North right-of-way
653	653	line of aforesaid Dallas Area Rapid Transit railroad;
654	654	THENCE Southwesterly, approximately 453 feet, along the
655	655	North right-of-way line of said Dallas Area Rapid Transit railroad,
656	656	and the South boundary line of said Block 5, Rowlett Business Park
657	657	No. 2, to a point at the Southwest corner of Lot 22 of said Block 5,
658	658	Rowlett Business Park No. 2;
659	659	THENCE Northerly, approximately 522 feet, along the West
660	660	boundary line of said Lot 22, Block 5, Rowlett Business Park No. 2,
661	661	to a point at the Northwest corner of said Lot 22, lying in the South
662	662	right-of-way line of aforesaid Industrial Street;
663	663	THENCE Westerly, approximately 420 feet, along the South
664	664	right-of-way line of said Industrial Street, and the North boundary
665	665	line of said Block 5, Rowlett Business Park No. 2, to a point at the
666	666	Northeast corner of Lot 18 of said Block 5, Rowlett Business Park
667	667	No. 2;
668	668	THENCE Southerly, approximately 625 feet, along the East
669	669	boundary line of said Lot 18, Block 5, Rowlett Business Park No. 2,
670	670	to a point at the Southeast corner of said Lot 18, lying in the North
671	671	right-of-way line of aforesaid Dallas Area Rapid Transit railroad;
672	672	THENCE along the North right-of-way line of said Dallas Area
673	673	Rapid Transit railroad as follows:
674	674	1. Southwesterly, approximately 377 feet, along the
675	675	South boundary line of Lot 14, and 18, of said Block 5,
676	676	Rowlett Business Park No. 2, to a point at the Southwest
677	677	corner of said Lot 14, lying in the East boundary line of Lot
678	678	13, of said Block 5;
679	679	2. Southeasterly, approximately 25 feet, along the
680	680	East boundary line of said Lot 13, Block 5, to a point at the
681	681	Southeast corner of said Lot 13;
682	682	3. Southwesterly, approximately 343 feet, along the
683	683	South boundary line of Lots 11, 12, and 13 of said Block 5,
684	684	Rowlett Business Park No. 2, to a point at the Southwest
685	685	corner of said Lot 11;
686	686	THENCE Northwesterly, approximately 155 feet, along the West
687	687	boundary line of said Lot 11, Block 5, Rowlett Business Park No. 2,
688	688	to a point in the most Northerly South boundary line of said Lot 11;
689	689	THENCE Southwesterly, approximately 11 feet, along the most
690	690	Northerly South boundary line of said Lot 11, to a point at the most
691	691	Westerly Southwest corner of said Lot 11;
692	692	THENCE Northerly, approximately 157 feet, along the West
693	693	boundary line of said Lot 11, to a point at the Northwest corner of
694	694	said Lot 11, lying in the South right-of-way line of aforesaid
695	695	Melcer Drive;
696	696	THENCE Westerly, approximately 500 feet, along the South
697	697	right-of-way line of said Melcer Drive, and the most Southerly,
698	698	North boundary line of said Block 5, Rowlett Business Park No. 2, to
699	699	a point at the Northwest corner of Lot 6 of said Block 5, being the
700	700	Northeast corner of the aforesaid tract of land conveyed to the City
701	701	of Rowlett by the deed recorded in Volume 99083, page 2213 of the
702	702	Deed Records of Dallas County, Texas;
703	703	THENCE Southerly, approximately 226 feet, along the East
704	704	boundary line of said City of Rowlett tract, and the West boundary
705	705	line of said Lot 6, to a point at the Southwest corner of said Lot 6,
706	706	and the Southeast corner of Lot 5, of said Block 5, Rowlett Business
707	707	Park No. 2;
708	708	THENCE Southwesterly, approximately 11 feet, along the South
709	709	boundary line of said Lot 5, to a point at the Northeast corner of
710	710	the aforesaid tract of land conveyed to the City of Rowlett by the
711	711	deed recorded in Volume 99034, page 4307 of the Deed Records of
712	712	Dallas County, Texas;
713	713	THENCE Southerly, approximately 169 feet, along the East
714	714	boundary line of said City of Rowlett tract recorded in Volume
715	715	99034, page 4307, and continuing to a point;
716	716	THENCE Southwesterly, approximately 97 feet, crossing the
717	717	aforesaid Dallas Area Rapid Transit railroad, to a point in the
718	718	South right-of-way line of said railroad, being the North boundary
719	719	line of the aforesaid tract of land conveyed to the City of Rowlett
720	720	by the deed recorded in Volume 2004067, page 04282 of the Deed
721	721	Records of Dallas County, Texas;
722	722	THENCE Northeasterly, approximately 362 feet, along the
723	723	South right-of-way line of said Dallas Area Rapid Transit railroad,
724	724	and the North boundary line of said City of Rowlett tract recorded
725	725	in Volume 2004067, page 04282, to a point at the Northeast corner of
726	726	said City of Rowlett tract;
727	727	THENCE Southeasterly, approximately 99 feet, along the East
728	728	boundary line of said City of Rowlett tract, to a point at the
729	729	Southeast corner of said City of Rowlett tract, lying in the South
730	730	boundary line of the tract of land conveyed to Jeffrey D. Mayhall,
731	731	and wife Camille Mayhall by the deed recorded in Volume 96198, page
732	732	1273 of the Deed Records of Dallas County, Texas;
733	733	THENCE Easterly, approximately 190 feet along the South
734	734	boundary line of said Mayhall tract to a point at the Southeast
735	735	corner of said Mayhall tract;
736	736	THENCE Southerly, approximately 10 feet to a point in the
737	737	North boundary line of Lot 1, Block B, Municipal Complex Addition,
738	738	to the City of Rowlett, Dallas County, Texas according to the plat
739	739	recorded in County Clerk's file No. 2006002238027 of the Deed
740	740	Records of Dallas County, Texas;
741	741	THENCE Easterly, approximately 51 feet, along the North
742	742	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
743	743	a point at the Northeast corner of said Lot 1, Block B;
744	744	THENCE Southerly, approximately 137 feet, along the East
745	745	boundary line of said Lot 1, Block B, Municipal Complex Addition, to
746	746	a point at the Southeast corner of said Lot 1, Block B, lying in the
747	747	North right-of-way line of Main Street;
748	748	THENCE Northeasterly, approximately 482 feet, along the
749	749	North right-of-way line of said Main Street, to a point in the West
750	750	right-of-way line of Skyline Drive;
751	751	THENCE Southerly, approximately 87 feet, crossing said Main
752	752	Street, to a point at the Northeast corner of Lot 1, Block A,
753	753	Municipal Complex Addition, to the City of Rowlett, Dallas County,
754	754	Texas, according to the plat recorded in Volume 95327, page 2810 of
755	755	the Deed Records of Dallas County, Texas;
756	756	THENCE Southerly, approximately 425 feet, along the East
757	757	boundary line of said Lot 1, Block B, Municipal Complex Addition,
758	758	and the West right-of-way line of aforesaid Skyline Drive, to a
759	759	point at the Southeast corner of said Lot 1, Block A, being the
760	760	Northeast corner of Lot 1, Block 1, South Ridge Addition, No. 3, and
761	761	addition to the City of Rowlett, Dallas County, Texas, according to
762	762	the plat recorded in Volume 69117, page 2087 of the Deed Records of
763	763	Dallas County, Texas;
764	764	THENCE Westerly, approximately 150 feet, along the North
765	765	boundary line of said Lot 1, Block 1, South Ridge Addition, No. 3,
766	766	to a point at the Northwest corner of said Lot 1, Block 1, South
767	767	Ridge Addition, No. 3;
768	768	THENCE Southerly, approximately 498 feet, along the West
769	769	boundary line of said Block 1, South Ridge Addition, No. 3, to a
770	770	point;
771	771	THENCE Westerly, approximately 360 feet, along the North
772	772	boundary line of Lot 7, Block 1, and Lot 1, Block 6 of said South
773	773	Ridge Addition, No. 3, to a point;
774	774	THENCE Southerly, approximately 20 feet, to a point at the
775	775	Northeast corner of Lot 2, Block 6, South Ridge Addition, No. 4, an
776	776	addition to the City of Rowlett, Dallas County, Texas, according to
777	777	the plat recorded in Volume 76104, page 1684 of the Deed Records of
778	778	Dallas County, Texas;
779	779	THENCE Westerly, approximately 185 feet, along the North
780	780	boundary line of said Lot 2, Block 6, South Ridge Addition, No. 4,
781	781	to a point in the West right-of-way line of Aspen Drive;
782	782	THENCE Southerly, approximately 32 feet, along the West
783	783	right-of-way line of said ASPEN DRIVE, to a point at the Northeast
784	784	corner of Lot 12, Block 7 of said South Ridge Addition, No. 4;
785	785	THENCE Westerly, approximately 150 feet, along the North
786	786	boundary line of said Lot 12, Block 7, South Ridge Addition, No. 4,
787	787	to a point at the Northwest corner of said Lot 12, Block 7;
788	788	THENCE Northerly, approximately 740 feet, to a point at the
789	789	Northwest of Lot 3, Block A, of aforesaid Municipal Complex
790	790	Addition, to the City of Rowlett, Dallas County, Texas, according
791	791	to the plat recorded in Volume 95237, page 2810 of the Deed Records
792	792	of Dallas County, Texas;
793	793	THENCE Easterly, approximately 131 feet, along the most
794	794	Southerly North boundary line of said Lot 3, Block A, Municipal
795	795	Complex Addition, to a point;
796	796	THENCE Northerly, approximately 163 feet, along the most
797	797	Easterly, West boundary line of said Lot 3, Block A, Municipal
798	798	Complex Addition, to a point at the Northwest corner of said Lot 3,
799	799	lying in the South right-of-way line of aforesaid Main Street;
800	800	THENCE Southwesterly, approximately 65 feet, along the South
801	801	right-of-way line of said Main Street, to a point at the Northeast
802	802	corner of Lot 43, Original Town Of Rowlett, an addition to the City
803	803	of Rowlett, Dallas County, Texas, according to the plat recorded in
804	804	Volume 2, page 217 of the Map Records of Dallas County, Texas;
805	805	THENCE Southerly, approximately 90 feet, along the East
806	806	boundary line of said Lot 43, to a point at the Southeast corner of
807	807	said Lot 43;
808	808	THENCE Westerly, approximately 50 feet, along the South
809	809	boundary line of Lot 42, and 43 of said Original Town Of Rowlett, to
810	810	a point at the Southwest corner of said Lot 42;
811	811	THENCE Northerly, approximately 90 feet, along the West
812	812	boundary line of said Lot 42, to a point at the Northwest corner of
813	813	said Lot 42, lying in the South right-of-way of aforesaid Main
814	814	Street;
815	815	THENCE Westerly, approximately 300 feet, along the South
816	816	right-of-way line of said Main Street, and the North boundary line
817	817	of Lots 33, through 41, of said Original Town Of Rowlett, to a point
818	818	in the West right-of-way line of aforesaid Commerce Street, and the
819	819	East boundary line of Lot 28 of said Original Town Of Rowlett;
820	820	THENCE Northerly, approximately 262 feet, along the West
821	821	right-of-way line of said Commerce Street, and the East boundary
822	822	line of Lots 19, through 28, of said Original Town Of Rowlett, to a
823	823	point in the North boundary line of aforesaid William Crabtree
824	824	Survey, and the South boundary line of the aforesaid Thomas Payne
825	825	Survey;
826	826	THENCE Westerly, approximately 164 feet, along said Survey
827	827	line to the Point Of Beginning, containing approximately 38 acres
828	828	of land.
829	829	The foregoing 38 acres description saves and excepts all
830	830	portions thereof, and contained therein of Lots 7 through 18 of the
831	831	Original Town of Rowlett, as indicated on the plat recorded in
832	832	Volume 2, Page 217 of the Map Records of Dallas County, Texas.
833	833	SECTION 3. (a) The legal notice of the intention to
834	834	introduce this Act, setting forth the general substance of this
835	835	Act, has been published as provided by law, and the notice and a
836	836	copy of this Act have been furnished to all persons, agencies,
837	837	officials, or entities to which they are required to be furnished
838	838	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
839	839	Government Code.
840	840	(b) The governor, one of the required recipients, has
841	841	submitted the notice and Act to the Texas Commission on
842	842	Environmental Quality.
843	843	(c) The Texas Commission on Environmental Quality has filed
844	844	its recommendations relating to this Act with the governor,
845	845	lieutenant governor, and speaker of the house of representatives
846	846	within the required time.
847	847	(d) The general law relating to consent by political
848	848	subdivisions to the creation of districts with conservation,
849	849	reclamation, and road powers and the inclusion of land in those
850	850	districts has been complied with.
851	851	(e) All requirements of the constitution and laws of this
852	852	state and the rules and procedures of the legislature with respect
853	853	to the notice, introduction, and passage of this Act have been
854	854	fulfilled and accomplished.
855	855	SECTION 4. This Act takes effect immediately if it receives
856	856	a vote of two-thirds of all the members elected to each house, as
857	857	provided by Section 39, Article III, Texas Constitution. If this
858	858	Act does not receive the vote necessary for immediate effect, this
859	859	Act takes effect September 1, 2011.