Texas 2019 - 86th Regular

Texas House Bill HB4763 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R24100 JXC-F
2	2	By: Rose H.B. No. 4763
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Spradley Farms Improvement District
8	8	of Kaufman County; providing the authority to issue bonds;
9	9	providing authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle X, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 11014 to read as follows:
13	13	CHAPTER 11014. SPRADLEY FARMS IMPROVEMENT DISTRICT OF KAUFMAN
14	14	COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 11014.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the City of Mesquite.
19	19	(3) "County" means Kaufman County.
20	20	(4) "Director" means a board member.
21	21	(5) "District" means the Spradley Farms Improvement
22	22	District of Kaufman County.
23	23	Sec. 11014.0102. NATURE OF DISTRICT. The district is a
24	24	special district created under Section 59, Article XVI, Texas
25	25	Constitution.
26	26	Sec. 11014.0103. PURPOSE; DECLARATION OF INTENT. (a) The
27	27	creation of the district is essential to accomplish the purposes of
28	28	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	29	Texas Constitution, and other public purposes stated in this
30	30	chapter. By creating the district and in authorizing the city, the
31	31	county, and other political subdivisions to contract with the
32	32	district, the legislature has established a program to accomplish
33	33	the public purposes set out in Section 52-a, Article III, Texas
34	34	Constitution.
35	35	(b) The creation of the district is necessary to promote,
36	36	develop, encourage, and maintain employment, commerce,
37	37	transportation, housing, tourism, recreation, the arts,
38	38	entertainment, economic development, safety, and the public
39	39	welfare in the district and to accomplish the redevelopment of land
40	40	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 the county from providing the
43	43	level of services provided as of the effective date of the Act
44	44	enacting this chapter to the area in the district. The district is
45	45	created to supplement and not to supplant the city or county
46	46	services provided in the district.
47	47	Sec. 11014.0104. 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.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, potential employees, employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) provide needed funding for the district to
65	65	preserve, maintain, and enhance the economic health and vitality of
66	66	the district territory as a residential community and business
67	67	center;
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways, parking facilities, and
70	70	conduit facilities and by landscaping and developing certain areas
71	71	in the district, which are necessary for the restoration,
72	72	preservation, and enhancement of scenic beauty; and
73	73	(4) provide for road, bridge, and recreational
74	74	facilities for the district.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street or road and are considered to be a
79	79	street or road improvement.
80	80	(f) The district may not provide, conduct, or authorize any
81	81	improvement project on the city streets, highways, rights-of-way,
82	82	or easements without the consent of the governing body of the city.
83	83	(g) Subject to any agreement between the district and the
84	84	city, the city may:
85	85	(1) by ordinance, order, or resolution require that
86	86	title to all or any portion of an improvement project vest in the
87	87	city; or
88	88	(2) by ordinance, order, or resolution or other
89	89	directive authorize the district to own, encumber, maintain, and
90	90	operate an improvement project, subject to the right of the city to
91	91	order a conveyance of the project to the city on a date determined
92	92	by the city.
93	93	(h) The district shall immediately comply with any city
94	94	ordinance, order, or resolution adopted under Subsection (g).
95	95	(i) For the purposes of this section, planning, design,
96	96	construction, improvement, and maintenance of a lake includes work
97	97	done for drainage, reclamation, or recreation.
98	98	(j) The district will not act as the agent or
99	99	instrumentality of any private interest even though the district
100	100	will benefit many private interests as well as the public.
101	101	Sec. 11014.0105. INITIAL DISTRICT TERRITORY. (a) The
102	102	district is initially composed of the territory described by
103	103	Section 2 of the Act enacting this chapter.
104	104	(b) The boundaries and field notes contained in Section 2 of
105	105	the Act enacting this chapter form a closure. A mistake in the
106	106	field notes or in copying the field notes in the legislative process
107	107	does not affect the district's:
108	108	(1) organization, existence, or validity;
109	109	(2) right to enter into contracts and to issue any type
110	110	of bonds for the purposes for which the district is created or to
111	111	pay the principal of and interest on bonds or obligations pursuant
112	112	to a contract;
113	113	(3) right to impose or collect an assessment or taxes
114	114	or any other revenue; or
115	115	(4) legality or operation.
116	116	Sec. 11014.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL
117	117	ZONES. (a) All or any part of the area of the district is eligible
118	118	to be included in:
119	119	(1) a tax increment reinvestment zone created by the
120	120	city under Chapter 311, Tax Code;
121	121	(2) a tax abatement reinvestment zone created by the
122	122	city under Chapter 312, Tax Code; or
123	123	(3) an enterprise zone created by the city under
124	124	Chapter 2303, Government Code.
125	125	(b) If the city creates a tax increment reinvestment zone
126	126	described by Subsection (a), the city and the board of directors of
127	127	the zone, by contract with the district, may grant money deposited
128	128	in the tax increment fund to the district to be used by the district
129	129	for the purposes permitted for money granted to a corporation under
130	130	Section 380.002(b), Local Government Code, and the district may
131	131	pledge the money as security for any bonds issued by the district
132	132	for an improvement project.
133	133	(c) A tax increment reinvestment zone created by the city
134	134	that includes all or any part of the area of the district is not
135	135	subject to the limitations provided by Section 311.006(a)(2)(A),
136	136	Tax Code. Taxable real property in a reinvestment zone in the
137	137	district is not included in the city's compliance with Section
138	138	311.006(a)(2), Tax Code, for any other reinvestment zone created by
139	139	the city.
140	140	Sec. 11014.0107. CONSTRUCTION OF CHAPTER. This chapter
141	141	shall be liberally construed in conformity with the findings and
142	142	purposes stated in this chapter.
143	143	Sec. 11014.0108. CONSENT OF CITY REQUIRED. (a) Except as
144	144	provided in Subsection (c), before the district may exercise any
145	145	powers under this chapter:
146	146	(1) the city must adopt an ordinance or resolution
147	147	consenting to the creation of the district and to the inclusion of
148	148	land in the district; and
149	149	(2) the district and the city must negotiate and
150	150	execute a mutually approved and accepted financing and operating
151	151	agreement authorizing and setting forth limitations on the issuance
152	152	of bonds by the district and regarding the development plans and
153	153	rules for the development and operation of the district and
154	154	financing of improvement projects and services.
155	155	(b) This chapter expires December 31, 2021, if the financing
156	156	and operating agreement is not executed by the district and the city
157	157	before that date.
158	158	(c) The board has the powers necessary, convenient, or
159	159	desirable to negotiate and execute a mutually approved and accepted
160	160	financing and operating agreement.
161	161	SUBCHAPTER B. BOARD OF DIRECTORS
162	162	Sec. 11014.0201. GOVERNING BODY; TERMS. The district is
163	163	governed by a board of five directors who serve staggered terms of
164	164	four years, with two or three directors' terms expiring on June 1 of
165	165	each even-numbered year.
166	166	Sec. 11014.0202. APPOINTMENT OF DIRECTORS. (a) The board
167	167	shall recommend to the governing body of the city persons to serve
168	168	on the succeeding board.
169	169	(b) After reviewing the recommendations, the governing body
170	170	of the city shall approve or disapprove the directors recommended
171	171	by the board. A person is appointed if a majority of members of the
172	172	governing body of the city approve that person.
173	173	Sec. 11014.0203. VACANCY. (a) The governing body of the
174	174	city shall fill a vacancy on the board of directors for the
175	175	remainder of the unexpired term in the same manner described by
176	176	Section 11014.0202.
177	177	(b) If at any time there are fewer than three directors, the
178	178	governing body of the city shall appoint the necessary number of
179	179	directors who meet the qualifications prescribed by Section
180	180	11014.0204 to fill all board vacancies.
181	181	Sec. 11014.0204. ELIGIBILITY. To be qualified to serve as a
182	182	director, a person must be at least 18 years old and:
183	183	(1) a resident of the district;
184	184	(2) an owner of property in the district;
185	185	(3) an owner of stock, whether beneficial or
186	186	otherwise, of a corporate owner of property in the district;
187	187	(4) an owner of a beneficial interest in a trust that
188	188	owns property in the district; or
189	189	(5) an agent, employee, or tenant of a person covered
190	190	by Subdivision (2), (3), or (4).
191	191	Sec. 11014.0205. QUORUM. (a) For purposes of determining
192	192	the requirements for a quorum of the board, the following are not
193	193	counted:
194	194	(1) a board position vacant for any reason, including
195	195	death, resignation, or disqualification; or
196	196	(2) a director who is abstaining from participation in
197	197	a vote because of a conflict of interest.
198	198	(b) A concurrence of a majority of a quorum of directors is
199	199	required for an official action at a meeting of the board.
200	200	Sec. 11014.0206. OFFICERS. The board shall elect from
201	201	among the directors a chair, a vice chair, a secretary, and an
202	202	assistant secretary.
203	203	Sec. 11014.0207. COMPENSATION. A director is entitled to
204	204	receive fees of office and reimbursement for actual expenses as
205	205	provided by Section 49.060, Water Code.
206	206	Sec. 11014.0208. INITIAL DIRECTORS. (a) The initial board
207	207	includes:
208	208	Pos. No. Name of Director Pos. No. Name of Director
209	209	Pos. No. Name of Director
210	210	1 Hank Swayze 1 Hank Swayze
211	211	1 Hank Swayze
212	212	2 Hunter Graham 2 Hunter Graham
213	213	2 Hunter Graham
214	214	3 Don A. Duke 3 Don A. Duke
215	215	3 Don A. Duke
216	216	4 Arianne Bielstein 4 Arianne Bielstein
217	217	4 Arianne Bielstein
218	218	5 Robert D. Gerlach 5 Robert D. Gerlach
219	219	5 Robert D. Gerlach
220	220	(b) Of the initial directors, the terms of directors
221	221	appointed for positions 1 through 3 expire June 1, 2020, and the
222	222	terms of directors appointed for positions 4 and 5 expire June 1,
223	223	2022.
224	224	(c) This section expires September 1, 2022.
225	225	SUBCHAPTER C. POWERS AND DUTIES
226	226	Sec. 11014.0301. GENERAL POWERS AND DUTIES. (a) The
227	227	district has the powers and duties necessary to accomplish the
228	228	purposes for which the district is created.
229	229	(b) The district has the powers and duties provided by:
230	230	(1) the general laws relating to conservation and
231	231	reclamation districts created under Section 59, Article XVI, Texas
232	232	Constitution, including Chapters 49 and 54, Water Code;
233	233	(2) the general laws relating to road districts and
234	234	road utility districts created under Section 52(b), Article III,
235	235	Texas Constitution, including Chapters 257 and 441, Transportation
236	236	Code; and
237	237	(3) the general laws relating to municipal management
238	238	districts created under Sections 52 and 52-a, Article III, and
239	239	Section 59, Article XVI, Texas Constitution, including Chapter 375,
240	240	Local Government Code.
241	241	(c) Sections 49.216 and 49.351, Water Code, do not apply to
242	242	the district.
243	243	Sec. 11014.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
244	244	The district, using any money available to the district for the
245	245	purpose, may provide, design, construct, acquire, improve,
246	246	relocate, operate, maintain, or finance an improvement project or
247	247	service authorized under this chapter or Chapter 375, Local
248	248	Government Code.
249	249	(b) The district may contract with a governmental or private
250	250	entity to carry out an action under Subsection (a).
251	251	Sec. 11014.0303. AGREEMENTS; GRANTS. (a) As provided by
252	252	Chapter 375, Local Government Code, the district may make an
253	253	agreement with or accept a gift, grant, or loan from any person.
254	254	(b) The implementation of a project is a governmental
255	255	function or service for the purposes of Chapter 791, Government
256	256	Code.
257	257	Sec. 11014.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
258	258	The district may join and pay dues to a charitable or nonprofit
259	259	organization that performs a service or provides an activity
260	260	consistent with the furtherance of a district purpose.
261	261	Sec. 11014.0305. ROAD STANDARDS AND REQUIREMENTS. (a) A
262	262	road project must meet all applicable construction standards,
263	263	zoning and subdivision requirements, and regulations of each
264	264	municipality in whose corporate limits or extraterritorial
265	265	jurisdiction the road project is located.
266	266	(b) If a road project is not located in the corporate limits
267	267	or extraterritorial jurisdiction of a municipality, the road
268	268	project must meet all applicable construction standards,
269	269	subdivision requirements, and regulations of each county in which
270	270	the road project is located.
271	271	(c) If the state will maintain and operate the road, the
272	272	Texas Transportation Commission must approve the plans and
273	273	specifications of the road project.
274	274	Sec. 11014.0306. CONDUIT FACILITIES. (a) The district may
275	275	finance, acquire, construct, improve, operate, maintain, or charge
276	276	a fee for the use of conduits for:
277	277	(1) fiber-optic cable and supporting facilities;
278	278	(2) electronic transmission and distribution lines
279	279	and supporting facilities; or
280	280	(3) other types of transmission and distribution lines
281	281	and supporting facilities.
282	282	(b) The district may not require a person to use a district
283	283	conduit for a purpose described by Subsection (a)(1) or another
284	284	telecommunications purpose.
285	285	Sec. 11014.0307. GENERAL POWERS REGARDING CONTRACTS. (a)
286	286	The district may:
287	287	(1) contract with any person to accomplish any
288	288	district purpose, including a contract for:
289	289	(A) the payment, repayment, or reimbursement of
290	290	costs incurred by that person on behalf of the district, including
291	291	all or part of the costs of an improvement project and interest on
292	292	the reimbursed cost; or
293	293	(B) the use, occupancy, lease, rental,
294	294	operation, maintenance, or management of all or part of a proposed
295	295	or existing improvement project; and
296	296	(2) apply for and contract with any person to receive,
297	297	administer, and perform a duty or obligation of the district under a
298	298	federal, state, local, or private gift, grant, loan, conveyance,
299	299	transfer, bequest, or other financial assistance arrangement
300	300	relating to the investigation, planning, analysis, study, design,
301	301	acquisition, construction, improvement, completion,
302	302	implementation, or operation by the district or others of a
303	303	proposed or existing improvement project.
304	304	(b) A contract the district enters into to carry out a
305	305	purpose of this chapter may be on any terms and for any period the
306	306	board determines, including a negotiable or nonnegotiable note or
307	307	warrant payable to the city, the county, or any other person.
308	308	(c) Any person may contract with the district to carry out
309	309	the purposes of this chapter without further statutory or other
310	310	authorization.
311	311	(d) A contract payable from ad valorem taxes for a period
312	312	longer than one year must be approved by the governing body of the
313	313	city.
314	314	Sec. 11014.0308. RULES; ENFORCEMENT. (a) The district may
315	315	adopt rules:
316	316	(1) to administer or operate the district;
317	317	(2) for the use, enjoyment, availability, protection,
318	318	security, and maintenance of the district's property and
319	319	facilities; or
320	320	(3) to provide for public safety and security in the
321	321	district.
322	322	(b) The district may enforce its rules by injunctive relief.
323	323	(c) To the extent a district rule, including a rule adopted
324	324	under Section 11014.0310, conflicts with a city code, ordinance, or
325	325	regulation, the more restrictive provision controls.
326	326	Sec. 11014.0309. NAME CHANGE. The board by resolution may
327	327	change the district's name on approval by the Texas Commission on
328	328	Environmental Quality. The board shall give written notice of the
329	329	change to the city.
330	330	Sec. 11014.0310. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA
331	331	OF DISTRICT. (a) The board by rule may regulate the private use of
332	332	a public roadway, open space, park, sidewalk, or similar public
333	333	area or facility in the district. A rule may provide for the safe
334	334	and orderly use of public roadways, open spaces, parks, sidewalks,
335	335	and similar public areas or facilities.
336	336	(b) The board may require a permit for a parade,
337	337	demonstration, celebration, entertainment event, or similar
338	338	nongovernmental activity in or on a public roadway, open space,
339	339	park, sidewalk, or similar public area or facility. The board may
340	340	charge a fee for the permit application or for public safety or
341	341	security services in an amount determined by the board.
342	342	(c) The board may require a permit or franchise agreement
343	343	with a vendor, concessionaire, exhibitor, or similar private or
344	344	commercial person or organization for the limited use of the area or
345	345	facility on terms and on payment of a permit or franchise fee the
346	346	board may impose.
347	347	Sec. 11014.0311. ADDING OR REMOVING TERRITORY. The board
348	348	may add or remove territory under Subchapter J, Chapter 49, and
349	349	Section 54.016, Water Code, except that:
350	350	(1) the addition or removal of the territory must be
351	351	approved by:
352	352	(A) the governing body of the city; and
353	353	(B) the owners of the territory being added or
354	354	removed;
355	355	(2) a reference to a tax in Subchapter J, Chapter 49,
356	356	or Section 54.016, Water Code, means an ad valorem tax; and
357	357	(3) territory may not be removed from the district if
358	358	bonds or other obligations of the district payable, wholly or
359	359	partly, from ad valorem taxes on the territory are outstanding.
360	360	Sec. 11014.0312. TERMS OF EMPLOYMENT; COMPENSATION. The
361	361	board may employ and establish the terms of employment and
362	362	compensation of an executive director or general manager and any
363	363	other district employees the board considers necessary.
364	364	Sec. 11014.0313. APPROVAL BY THE CITY. (a) The district
365	365	must obtain the approval of the city for:
366	366	(1) the plans and specifications of an improvement
367	367	project financed by bonds, notes, or other obligations; and
368	368	(2) the plans and specifications of an improvement
369	369	project related to the use of land owned by the city, an easement
370	370	granted by the city, or a right-of-way of a street, road, or
371	371	highway.
372	372	(b) City approval required under this section may be by an
373	373	administrative process that does not involve the city's governing
374	374	body, unless approval of the city's governing body is required by
375	375	federal, state, or local law, ordinance, or regulation.
376	376	(c) Sections 375.207(a) and (b), Local Government Code, do
377	377	not apply to the district.
378	378	Sec. 11014.0314. PUBLIC IMPROVEMENT DISTRICT POWERS. The
379	379	district has the powers provided by Chapter 372, Local Government
380	380	Code, to a municipality or county.
381	381	Sec. 11014.0315. NO EMINENT DOMAIN POWER. The district may
382	382	not exercise the power of eminent domain.
383	383	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
384	384	Sec. 11014.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
385	385	board by resolution shall establish the number of directors'
386	386	signatures and the procedure required for a disbursement or
387	387	transfer of district money.
388	388	Sec. 11014.0402. PETITION REQUIRED FOR FINANCING SERVICES
389	389	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
390	390	service or improvement project with assessments under this chapter
391	391	unless a written petition requesting that service or improvement
392	392	has been filed with the board.
393	393	(b) A petition filed under Subsection (a) must be signed by
394	394	the owners of a majority of the assessed value of real property in
395	395	the district subject to assessment according to the most recent
396	396	certified tax appraisal roll for the county.
397	397	Sec. 11014.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
398	398	The board by resolution may impose and collect an assessment for any
399	399	purpose authorized by this chapter in all or any part of the
400	400	district.
401	401	(b) An assessment, a reassessment, or an assessment
402	402	resulting from an addition to or correction of the assessment roll
403	403	by the district, penalties and interest on an assessment or
404	404	reassessment, an expense of collection, and reasonable attorney's
405	405	fees incurred by the district:
406	406	(1) are a first and prior lien against the property
407	407	assessed;
408	408	(2) are superior to any other lien or claim other than
409	409	a lien or claim for county, school district, or municipal ad valorem
410	410	taxes; and
411	411	(3) are the personal liability of and a charge against
412	412	the owners of the property even if the owners are not named in the
413	413	assessment proceedings.
414	414	(c) The lien is effective from the date of the board's
415	415	resolution imposing the assessment until the date the assessment is
416	416	paid. The board may enforce the lien in the same manner that the
417	417	board may enforce an ad valorem tax lien against real property. The
418	418	lien runs with the land and that portion of an assessment payment
419	419	that has not yet come due is not eliminated by foreclosure of an ad
420	420	valorem tax lien.
421	421	(d) The board may make a correction to or deletion from the
422	422	assessment roll that does not increase the amount of assessment of
423	423	any parcel of land without providing notice and holding a hearing in
424	424	the manner required for additional assessments.
425	425	(e) Assessments may bear interest at a rate specified by the
426	426	board that may not exceed the interest rate permitted by Chapter
427	427	1204, Government Code.
428	428	Sec. 11014.0404. TAX AND ASSESSMENT ABATEMENTS. The
429	429	district may grant abatements of a district tax or assessment on
430	430	property in the district.
431	431	Sec. 11014.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section
432	432	375.161, Local Government Code, does not apply to an assessment
433	433	imposed by the district.
434	434	Sec. 11014.0406. GOVERNMENTAL ENTITIES; ASSESSMENTS. (a)
435	435	Property owned by a municipality, county, or other political
436	436	subdivision is exempt from the payment of assessments levied under
437	437	this chapter.
438	438	(b) Section 375.162, Local Government Code, does not apply
439	439	to the district.
440	440	Sec. 11014.0407. GENERAL POWERS REGARDING FINANCIAL
441	441	MATTERS. (a) The district may:
442	442	(1) impose an ad valorem tax on all taxable property in
443	443	the district, including industrial, commercial, and residential
444	444	property, to pay for an improvement project;
445	445	(2) in addition to the authority granted to the
446	446	district under Section 11014.0403, impose an assessment on property
447	447	in the district in the manner provided for:
448	448	(A) a district under Subchapters A, E, and F,
449	449	Chapter 375, Local Government Code; or
450	450	(B) a municipality or county under Subchapter A,
451	451	Chapter 372, Local Government Code;
452	452	(3) provide or secure the payment or repayment of the
453	453	costs and expenses of the establishment, administration, and
454	454	operation of the district and the district's costs or share of the
455	455	costs or revenue of an improvement project or district contractual
456	456	obligation or debt by or through:
457	457	(A) a lease, installment purchase contract, or
458	458	other agreement with any person;
459	459	(B) the imposition of a tax, assessment, user
460	460	fee, concession fee, or rental charge; or
461	461	(C) any other revenue or resources of the
462	462	district;
463	463	(4) establish user charges for the use of nonpotable
464	464	water for irrigation purposes, subject to the approval of the
465	465	governing body of the city;
466	466	(5) undertake separately or jointly with other
467	467	persons, including the city or the county, all or part of the cost
468	468	of an improvement project, including an improvement project:
469	469	(A) for improving, enhancing, and supporting
470	470	public safety and security, fire protection and emergency medical
471	471	services, and law enforcement in and adjacent to the district,
472	472	subject to approval by the city; or
473	473	(B) that confers a general benefit on the entire
474	474	district or a special benefit on a definable part of the district;
475	475	and
476	476	(6) enter into a tax abatement agreement in accordance
477	477	with the general laws of this state authorizing and applicable to
478	478	tax abatement agreements by municipalities.
479	479	(b) Section 375.141, Local Government Code, does not apply
480	480	to the district. The district may not adopt and enforce an impact
481	481	fee described by Section 49.212(d), Water Code.
482	482	SUBCHAPTER E. TAXES AND BONDS
483	483	Sec. 11014.0501. ELECTIONS REGARDING TAXES AND BONDS. (a)
484	484	The district may issue, without an election, bonds, notes, and
485	485	other obligations secured by:
486	486	(1) revenue other than ad valorem taxes, including
487	487	assessment revenues; or
488	488	(2) contract payments described by Section
489	489	11014.0504.
490	490	(b) The district must hold an election in the manner
491	491	provided by Subchapter L, Chapter 375, Local Government Code, to
492	492	obtain voter approval before the district may impose an ad valorem
493	493	tax or issue bonds payable from ad valorem taxes.
494	494	(c) Section 375.243, Local Government Code, does not apply
495	495	to the district.
496	496	(d) All or any part of any facilities or improvements that
497	497	may be acquired by a district by the issuance of its bonds may be
498	498	submitted as a single proposition or as several propositions to be
499	499	voted on at the election.
500	500	Sec. 11014.0502. OPERATION AND MAINTENANCE TAX. (a) If
501	501	authorized by a majority of the district voters voting at an
502	502	election held for that purpose, the district may impose an
503	503	operation and maintenance tax on taxable property in the district
504	504	in accordance with Section 49.107, Water Code, for any district
505	505	purpose, including to:
506	506	(1) maintain and operate the district;
507	507	(2) construct or acquire improvements; or
508	508	(3) provide a service.
509	509	(b) The district may not impose a maintenance and operation
510	510	tax unless the maximum tax rate is approved by the governing body of
511	511	the city and a majority of the district voters voting at an election
512	512	held for that purpose. If the maximum tax rate is approved, the
513	513	board may impose the tax at any rate that does not exceed the
514	514	approved rate.
515	515	(c) A maintenance and operation tax election may be held at
516	516	the same time and in conjunction with any other district election.
517	517	The election may be called by a separate election order or as part
518	518	of any other election order.
519	519	(d) The proposition in a maintenance and operation tax
520	520	election may be for a specific maximum rate or for an unlimited
521	521	rate.
522	522	Sec. 11014.0503. USE OF SURPLUS MAINTENANCE AND OPERATION
523	523	MONEY. If the district has surplus maintenance and operation tax
524	524	money that is not needed for the purposes for which it was
525	525	collected, the money may be used for any authorized purpose.
526	526	Sec. 11014.0504. CONTRACT TAXES. (a) In accordance with
527	527	Section 49.108, Water Code, the district may impose a tax and use
528	528	the revenue derived from the tax to make payments under a contract
529	529	after the provisions of the contract have been approved by a
530	530	majority of the district voters voting at an election held for that
531	531	purpose.
532	532	(b) A contract approved by the district voters may contain a
533	533	provision stating that the contract may be modified or amended by
534	534	the board without further voter approval.
535	535	Sec. 11014.0505. AUTHORITY TO BORROW MONEY AND TO ISSUE
536	536	OBLIGATIONS. (a) The district may borrow money on terms determined
537	537	by the board. Section 375.205, Local Government Code, does not
538	538	apply to a loan, line of credit, or other borrowing from a bank or
539	539	financial institution secured by revenue other than ad valorem
540	540	taxes.
541	541	(b) The district, by competitive sale or negotiated sale,
542	542	may issue bonds, notes, or other obligations payable wholly or
543	543	partly from ad valorem taxes, assessments, revenue, contract
544	544	payments, grants, or other district money, including money received
545	545	under Section 11014.0106, or any combination of those sources of
546	546	money, to pay for any authorized district purpose or improvement
547	547	project, including for refunding bonds.
548	548	(c) Bonds issued under this section may contain a pledge of
549	549	assessment revenues from multiple assessments levied by the
550	550	district for similar improvements on different phases of
551	551	development within the district, and those assessments may be
552	552	levied at different times.
553	553	(d) In exercising the district's borrowing power, the
554	554	district may issue a bond or other obligation in the form of a bond,
555	555	note, certificate of participation or other instrument evidencing a
556	556	proportionate interest in payments to be made by the district, or
557	557	other type of obligation.
558	558	Sec. 11014.0506. TAXES FOR BONDS. At the time the district
559	559	issues bonds payable wholly or partly from ad valorem taxes, the
560	560	board shall provide for the annual imposition of a continuing
561	561	direct ad valorem tax, without limit as to rate or amount, for each
562	562	year that all or part of the bonds are outstanding as required and
563	563	in the manner provided by Sections 54.601 and 54.602, Water Code.
564	564	Sec. 11014.0507. BONDS FOR ROAD PROJECTS. At the time of
565	565	issuance, the total principal amount of bonds or other obligations
566	566	issued or incurred to finance road projects and payable from ad
567	567	valorem taxes may not exceed one-fourth of the assessed value of the
568	568	real property in the district.
569	569	Sec. 11014.0508. AUTHORIZED INVESTMENTS; SECURITY. (a)
570	570	Bonds issued under this chapter are legal and authorized
571	571	investments for:
572	572	(1) banks, trust companies, and savings and loan
573	573	associations;
574	574	(2) all insurance companies;
575	575	(3) fiduciaries, trustees, and guardians; and
576	576	(4) interest funds, sinking funds, and other public
577	577	funds of the state or of an agency, subdivision, or instrumentality
578	578	of the state, including a county, municipality, school district, or
579	579	other district, public agency, or body politic.
580	580	(b) Bonds issued under this chapter may be security for
581	581	deposits of public funds of the state or of an agency, subdivision,
582	582	or instrumentality of the state, including a county, municipality,
583	583	school district, or other district, public agency, or body politic,
584	584	to the extent of the market value of the bonds, if accompanied by
585	585	any appurtenant unmatured interest coupons.
586	586	SUBCHAPTER I. DISSOLUTION AND DIVISION OF DISTRICT
587	587	Sec. 11014.0901. DISSOLUTION BY BOARD OR PETITION. (a)
588	588	Except as provided by Subsection (b), the board:
589	589	(1) may dissolve the district on its own motion; and
590	590	(2) shall dissolve the district on receipt of a
591	591	written petition requesting dissolution signed by the owners of at
592	592	least 75 percent of the acreage of real property in the district.
593	593	(b) The board may not dissolve the district until the
594	594	district's outstanding debt and contractual obligations have been
595	595	repaid or discharged.
596	596	(c) After the board dissolves the district, the board shall
597	597	transfer ownership of all district property and assets to the city.
598	598	Sec. 11014.0902. DISSOLUTION BY CITY ORDINANCE. (a) The
599	599	city by ordinance may dissolve the district.
600	600	(b) On dissolution, the city shall succeed to all of the
601	601	district's outstanding debt and contractual obligations.
602	602	Sec. 11014.0903. COLLECTION OF ASSESSMENTS AND OTHER
603	603	REVENUE. (a) If the dissolved district has bonds or other
604	604	obligations outstanding secured by and payable from assessments or
605	605	other revenue, other than ad valorem taxes, the city shall succeed
606	606	to the rights and obligations of the dissolved district regarding
607	607	enforcement and collection of the assessments or other revenue.
608	608	(b) The city shall have and exercise all district powers to
609	609	enforce and collect the assessments or other revenue to pay:
610	610	(1) the bonds or other obligations when due and
611	611	payable according to their terms; or
612	612	(2) special revenue or assessment bonds or other
613	613	obligations issued by the city to refund the outstanding bonds or
614	614	obligations.
615	615	Sec. 11014.0904. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
616	616	After the city dissolves the district, the city assumes the
617	617	obligations of the dissolved district, including any bonds or other
618	618	debt payable from assessments or other district revenue.
619	619	(b) If the city dissolves the district, the board shall
620	620	transfer ownership of all district property and assets of the
621	621	dissolved district to the city, and the city succeeds to the
622	622	property and assets.
623	623	Sec. 11014.0905. DIVISION OF DISTRICT; PREREQUISITES. The
624	624	district may be divided into two or more new districts only if the
625	625	district has never issued any obligations secured by ad valorem
626	626	taxes.
627	627	Sec. 11014.0906. LAW APPLICABLE TO NEW DISTRICT. This
628	628	chapter applies to any new district created by the division of the
629	629	district. A new district has all the powers and duties of the
630	630	district and may be dissolved in the manner provided for the
631	631	district.
632	632	Sec. 11014.0907. LIMITATION ON AREA OF NEW DISTRICT. The
633	633	territory of a new district created by the division of the district
634	634	must include at least 100 acres. A new district created by the
635	635	division of the district may not, at the time the new district is
636	636	created, contain any land outside the area described by Section 2 of
637	637	the Act enacting this chapter.
638	638	Sec. 11014.0908. DIVISION PROCEDURES. (a) The board, on
639	639	its own motion or on receipt of a petition signed by the owner or
640	640	owners of a majority of the assessed value of the real property in
641	641	the district, may adopt an order dividing the district.
642	642	(b) An order dividing the district must:
643	643	(1) name each new district;
644	644	(2) include the metes and bounds description of the
645	645	territory of each new district;
646	646	(3) name each person to serve on the initial board of
647	647	directors of each new district; and
648	648	(4) provide for the division of assets and liabilities
649	649	between the new districts, including a plan for the payment or
650	650	performance of any outstanding district obligations.
651	651	(c) On or before the 30th day after the date of adoption of
652	652	an order dividing the district, the district shall file the order
653	653	with the Texas Commission on Environmental Quality and record the
654	654	order in the real property records of each county in which the
655	655	district is located.
656	656	Sec. 11014.0909. TAX OR BOND ELECTION. Before a new
657	657	district created by the division of the district may impose an
658	658	operation and maintenance tax or issue bonds payable wholly or
659	659	partly from ad valorem taxes, the new district must hold an election
660	660	as required by this chapter to obtain voter approval.
661	661	Sec. 11014.0910. CITY CONSENT. (a) The board may not adopt
662	662	an order dividing the district unless the division and appointment
663	663	of the initial directors for each new district have been approved by
664	664	the governing body of the city by resolution or ordinance. The city
665	665	resolution or ordinance may set conditions for the division of the
666	666	district.
667	667	(b) A new district created by division of the district is
668	668	subject to the resolution or ordinance consenting to the creation
669	669	of the district and the new district. Except as provided by
670	670	Subsection (c), before a new district may exercise any powers under
671	671	this chapter, the new district must enter into a joinder to the
672	672	financing and operating agreement with the city.
673	673	(c) A new district created by the division of the district
674	674	has the powers necessary, convenient, or desirable to carry out and
675	675	effect the purpose of this section, including organization of its
676	676	board and approval and execution of a joinder to the financing and
677	677	operating agreement with the city.
678	678	SECTION 2. The Spradley Farms Improvement District of
679	679	Kaufman County initially includes all the territory contained in
680	680	the following area:
681	681	TRACT 1
682	682	Being a 613.573 acre tract of land situated in the Martha Musick
683	683	Survey, Abstract No.312, Kaufman County, Texas, and being all of
684	684	the described tracts of land conveyed by deed to Spradley/Forney
685	685	Development, LTD., as recorded in Volume 1915, Page 215, Deed
686	686	Records, Kaufman County, Texas, and being more particularly
687	687	described as follows:
688	688	BEGINNING at a found 3/8 inch iron rod, said point being the
689	689	southwest corner of said Spradley/Forney tract, and the northwest
690	690	corner of a tract of land conveyed to Heartland First Baptist
691	691	Church, as recorded in Volume 3120, Page 471, Deed Records, Kaufman
692	692	County, Texas, and being in the existing east right-of-way line of
693	693	F.M. Road No. 2757 (a 100 foot Right-of-way);
694	694	THENCE North 45°12'17" West, along said existing east right-of-way
695	695	line, a distance of 3200.34 feet to a point for corner;
696	696	THENCE North 45°48'19" West, continuing along said existing east
697	697	right-of-way line, a distance of 2152.36 feet to a found concrete
698	698	monument for corner;
699	699	THENCE North 37°07'32" West, a distance of 101.59 feet to a found 3/8
700	700	inch iron rod for corner;
701	701	THENCE North 45°48'19" West, a distance of 94.96 feet to a point for
702	702	corner, said point being the southeast corner of a tract of land
703	703	conveyed by deed to Donald G, Jr and Leasa K. Davis, as recorded in
704	704	Volume 3471, Page 60, Deed Records, Kaufman County, Texas;
705	705	THENCE North 12°57'53" East, along the east line of said Davis
706	706	tract, a distance of 1211.80 feet to a point for corner;
707	707	THENCE North 44°17'49" East, leaving said east line, a distance of
708	708	1211.38 feet to a point for corner, said point being in the existing
709	709	south right-of-way line of State Highway I-20 (a variable width
710	710	right-of-way line)
711	711	THENCE South 83°33'01" East, along said existing south right-of-way
712	712	line, a distance of 2163.89 feet to a point for corner, said point
713	713	being the northwest corner of a tract of land conveyed by deed to
714	714	I-20 Mesquite Limited Partnership, as recorded in Volume 3072, Page
715	715	537, Deed Records, Kaufman County, Texas;
716	716	THENCE South 45°47'24" East, leaving said existing south
717	717	right-of-way line, a distance of 1653.63 feet to a point for corner;
718	718	THENCE North 44°01'19" East, a distance of 1275.56 feet to a point
719	719	for corner, said point being in the existing south right-of-way
720	720	line of said State Highway I-20;
721	721	THENCE South 49°15'08" East, along said existing south right-of-way
722	722	line, a distance of 30.13 feet to a point for corner;
723	723	THENCE North 63°09'15" East, continuing along said existing south
724	724	right-of-way line, a distance of 125.17 feet to a point for corner;
725	725	THENCE South 89°55'49" East, a distance of 174.62 feet to a point for
726	726	corner;
727	727	THENCE North 85°19'44" East, a distance of 1321.76 feet to a point
728	728	for corner;
729	729	THENCE North 83°01'46" East, a distance of 386.92 feet to a point for
730	730	corner, said point being the northwest corner of a tract of land
731	731	conveyed by deed to Hubert C. Jr White and Pamela Sue Ray, as
732	732	recorded in Volume 342, Page 585, Deed Records, Kaufman County,
733	733	Texas;
734	734	THENCE South 07°49'06" East, leaving said existing south
735	735	right-of-way line, and along the west line of said White tract, a
736	736	distance of 1539.16 feet to a point for corner, said point being the
737	737	northeast corner of a tract of land conveyed by deed to Maryfield,
738	738	LTD, as recorded in Volume 5835, Page 580, Deed Records, Kaufman
739	739	County, Texas;
740	740	THENCE South 43°07'16" West, leaving said west line, and along the
741	741	north line of said Maryfield tract, a distance of 406.47 feet to a
742	742	point for corner;
743	743	THENCE South 39°47'32" East, continuing along said north line, a
744	744	distance of 29.09 feet to a point for corner;
745	745	THENCE South 42°47'25" West, a distance of 349.18 feet to a point for
746	746	corner, said point being the northwest corner of said Maryfield
747	747	tract, and the northwest corner of a tract of land conveyed by deed
748	748	to Hannover Estates, LTD, as recorded in Volume 5835, Page 570, Deed
749	749	Records, Kaufman County, Texas;
750	750	THENCE South 11°17'46" East, leaving said north line, and along the
751	751	west line of said Hannover tract, a distance of 362.66 feet to a
752	752	point for corner, said point being the northeast corner of a tract
753	753	of land conveyed by deed to David R. and Winona Littlefield, as
754	754	recorded in Volume 1190, Page 528, Deed Records, Kaufman County,
755	755	Texas;
756	756	THENCE South 67°38'08" West, leaving said west line and along the
757	757	north line of said Littlefield tract, a distance of 401.86 feet to a
758	758	point for corner;
759	759	THENCE South 22°18'56" East, leaving said north line, and along the
760	760	west line of said Littlefield tract, a distance of 387.16 feet to a
761	761	point for corner;
762	762	THENCE South 13°40'49" West, continuing along said west line, a
763	763	distance of 85.16 feet to a point for corner, said point being the
764	764	northeast corner of a tract of land conveyed by deed to Future
765	765	Telecom, Inc., as recorded in Volume 3611, Page 280, Deed Records,
766	766	Kaufman County, Texas;
767	767	THENCE South 52°38'20" West, leaving said west line, and along the
768	768	north line of said Future Telecom tract, a distance of 86.93 feet to
769	769	a point for corner;
770	770	THENCE South 67°42'13" West, continuing along said north line, a
771	771	distance of 190.04 feet to a point for corner;
772	772	THENCE South 76°53'07" West, a distance of 152.17 feet to a point for
773	773	corner;
774	774	THENCE South 88°39'24" West, a distance of 155.78 feet to a point for
775	775	corner;
776	776	THENCE South 43°55'47" West, a distance of 2284.40 feet to a point
777	777	for corner, said point being in the north line of a tract of land
778	778	conveyed by deed to Keith and Gina Barron, as recorded in Volume
779	779	1167, Page 930, Deed Records, Kaufman County, Texas;
780	780	THENCE South 45°15'29" West, a distance of 1143.49 feet to the POINT
781	781	OF BEGINNING and CONTAINING 26,727,249 square feet, 613.573 acres
782	782	of land, more or less.
783	783	TRACT 2
784	784	Being a 8.425 acre tract of land situated in the Martha Musick
785	785	Survey, Abstract No.312, Kaufman County, Texas, and being all of
786	786	the described tracts of land conveyed by deed to Spradley/Forney
787	787	Development, LTD., as recorded in Volume 1915, Page 215, Deed
788	788	Records, Kaufman County, Texas, and being more particularly
789	789	described as follows:
790	790	COMMENCING at a found 1/2 inch iron rod, said point being the
791	791	southwest corner of Lot 14, and the southeast corner of Lot 13, Lone
792	792	Star Estates Addition, an addition the City of Forney, as recorded
793	793	in Volume 2, Page 516, Plat Records, Kaufman County, Texas, and
794	794	being in the existing north right-of-way line of State Highway I-20
795	795	(a variable width right-of-way)
796	796	THENCE North 83°17'41" West, along the south line of said Lot 13, and
797	797	the existing north right-of-way line, a distance of 102.37 feet to a
798	798	point for the POINT OF BEGINNING;
799	799	THENCE North 83°31'34" West, leaving said south line, and continuing
800	800	along said existing north right-of-way line, a distance of 1232.22
801	801	feet to a point for corner, said point being the most southerly
802	802	southeast corner of a tract of land conveyed by deed to Beam and
803	803	Sons, Inc, as recorded in Volume 839, Page 241, Deed Records,
804	804	Kaufman County, Texas;
805	805	THENCE North 44°17'49" East, leaving said existing north
806	806	right-of-way line, and along the east line of said Beam and Sons
807	807	tract, a distance of 754.15 feet to a point for corner, said point
808	808	being in the west line of said Lone Star Estates Addition;
809	809	THENCE South 45°47'24" East, leaving said east line, and along said
810	810	west line, a distance of 973.34 feet to the POINT OF BEGINNING and
811	811	CONTAINING 367,022 square feet, 8.425 acres of land, more or less.
812	812	SECTION 3. (a) The legal notice of the intention to
813	813	introduce this Act, setting forth the general substance of this
814	814	Act, has been published as provided by law, and the notice and a
815	815	copy of this Act have been furnished to all persons, agencies,
816	816	officials, or entities to which they are required to be furnished
817	817	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
818	818	Government Code.
819	819	(b) The governor, one of the required recipients, has
820	820	submitted the notice and Act to the Texas Commission on
821	821	Environmental Quality.
822	822	(c) The Texas Commission on Environmental Quality has filed
823	823	its recommendations relating to this Act with the governor,
824	824	lieutenant governor, and speaker of the house of representatives
825	825	within the required time.
826	826	(d) All requirements of the constitution and laws of this
827	827	state and the rules and procedures of the legislature with respect
828	828	to the notice, introduction, and passage of this Act have been
829	829	fulfilled and accomplished.
830	830	SECTION 4. This Act takes effect immediately if it receives
831	831	a vote of two-thirds of all the members elected to each house, as
832	832	provided by Section 39, Article III, Texas Constitution. If this
833	833	Act does not receive the vote necessary for immediate effect, this
834	834	Act takes effect September 1, 2019.
835	835
836	836	Pos. No. Name of Director
837	837
838	838	1 Hank Swayze
839	839
840	840	2 Hunter Graham
841	841
842	842	3 Don A. Duke
843	843
844	844	4 Arianne Bielstein
845	845
846	846	5 Robert D. Gerlach