S.B. No. 2456
relating to the powers and duties of the Karis Municipal Management
District of Tarrant County; changing the territory of the district;
providing a civil penalty; providing authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3970 to read as follows:
CHAPTER 3970. KARIS MUNICIPAL MANAGEMENT DISTRICT OF TARRANT
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3970.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Crowley.
(3) "County" means Tarrant County.
(4) "Director" means a board member.
(5) "District" means the Karis Municipal Management
District of Tarrant County created by order of the Texas Commission
on Environmental Quality on February 19, 2019.
Sec. 3970.0102. CONFLICTS. In the case of a conflict
between the order of the Texas Commission on Environmental Quality
dated February 19, 2019, that created the district and this
chapter, this chapter prevails.
Sec. 3970.0103. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
(b) If the city creates a tax increment reinvestment zone
under Chapter 311, Tax Code, the city, by contract with the
district, may grant money deposited in the tax increment fund to the
district to be used by the district for the purposes permitted for
money granted to a corporation under Section 380.002(b), Local
Government Code, including the right to pledge the money as
security for any bonds issued by the district for an improvement
project.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3970.0201. VACANCY. The governing body of the city
shall fill a vacancy on the board for the remainder of the unexpired
term in the same manner as the original appointment.
Sec. 3970.0202. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3970.0203. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3970.0301. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district for that purpose,
may exercise the powers given to a development corporation under
Chapter 505, Local Government Code, including the power to own,
operate, acquire, construct, lease, improve, or maintain a project
under that chapter.
Sec. 3970.0302. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3970.0303. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3970.0304. WATER DISTRICT POWERS. The district has
the powers provided by the general laws relating to conservation
and reclamation districts created under Section 59, Article XVI,
Texas Constitution, including Chapters 49 and 54, Water Code.
Sec. 3970.0305. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapters 257 and 441, Transportation
Code.
Sec. 3970.0306. NAVIGATION DISTRICT POWERS. (a) The
district has the powers provided by the general laws relating to
navigation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 60 and 62, Water Code.
(b) The district may purchase, construct, acquire, own,
operate, maintain, improve, or extend, inside and outside the
district, a canal, waterway, bulkhead, dock, or other improvement
or facility necessary or convenient to accomplish the navigation
purposes of the district.
Sec. 3970.0307. RULES; ENFORCEMENT. (a) The district may
adopt rules:
(1) to administer or operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of the district's property and
facilities; or
(3) to provide for public safety and security in the
district.
(b) The district may enforce its rules by injunctive relief.
(c) A person who violates a rule adopted under this section
is liable to the district for a civil penalty of not less than $25 or
more than $250 for each violation.
Sec. 3970.0308. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA
OR FACILITY OF DISTRICT. (a) The board by rule may regulate the
private use of a public roadway, open space, park, sidewalk, or
similar public area or facility in the district. A rule may provide
for the safe and orderly use of public roadways, open spaces, parks,
sidewalks, and similar public areas or facilities.
(b) The board may require a permit for a parade,
demonstration, celebration, entertainment event, or similar
nongovernmental activity in or on a public roadway, open space,
park, sidewalk, or similar public area or facility owned by the
district. The board may charge a fee for the permit application or
for public safety or security services for those facilities in an
amount determined by the board.
(c) The board may require a permit or franchise agreement
with a vendor, concessionaire, exhibitor, or similar private or
commercial person or organization for the limited use of an area or
facility owned by the district on terms and on payment of a permit
or franchise fee the board may impose.
Sec. 3970.0309. APPROVAL BY CITY. Section 375.207(c),
Local Government Code, does not apply to the district.
Sec. 3970.0310. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code.
Sec. 3970.0311. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3970.0401. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city or the county, all or part of the cost of an
improvement project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3970.0402. TAX AND ASSESSMENT ABATEMENTS. The
district may designate reinvestment zones and may grant abatements
of a tax or assessment on property in the zones.
Sec. 3970.0403. STORM WATER USER CHARGES. The district may
establish user charges related to the operation of storm water
facilities, including the regulation of storm water for the
protection of water quality in the district, subject to approval of
the governing body of the city.
Sec. 3970.0404. NONPOTABLE WATER USER CHARGES. The
district may establish user charges for the use of nonpotable water
for irrigation purposes, subject to approval of the governing body
of the city.
Sec. 3970.0405. RESIDENTIAL PROPERTY NOT EXEMPT FROM
CERTAIN REQUIREMENTS. Section 375.161, Local Government Code, does
not apply to the district.
Sec. 3970.0406. ASSESSMENTS. The district may impose an
assessment on property in the district to pay the cost or the cost
of maintenance of any authorized district improvement in the manner
provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
Sec. 3970.0407. BONDS AND OTHER OBLIGATIONS. (a) In
addition to the authority to issue bonds granted to the district in
Subchapter J, Chapter 375, Local Government Code, the district may
issue, by competitive bid or private sale, bonds, notes, or other
obligations in the manner provided by Subchapter A, Chapter 372,
Local Government Code. Sections 375.207(a) and (b), Local
Government Code, do not apply to the district.
(b) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
(c) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3970.0408. ATTORNEY GENERAL APPROVAL NOT REQUIRED FOR
CERTAIN BORROWING. Section 375.205, Local Government Code, does
not apply to a loan, line of credit, or other borrowing from a bank
or financial institution secured by revenue other than ad valorem
taxes.
SUBCHAPTER I. DISSOLUTION OF DISTRICT
Sec. 3970.0901. DISSOLUTION BY CITY ORDINANCE. (a) Except
as provided by Subsection (b), the city by ordinance may dissolve
the district.
(b) The city may not dissolve the district until the
district's outstanding debt or contractual obligations that are
payable from ad valorem taxes have been repaid or discharged.
SECTION 2. The Karis Municipal Management District of
Tarrant County consists of the territory contained in the following
area:
The Karis Municipal Management District is situated north
northwest of the intersection of W Main St and N Beverly St within
the municipal limits of Crowley, Texas. The District is +/- 597
acres of land and described as follows:
Beginning at northwest corner of 0.16 acre lot (COUNTRY CREEK
ESTATES Block 1 Lot 1) and southwest corner of 12.34 acre tract
(REYNOLDS, SYLVESTER S SURVEY Abstract 1316 Tract 1C 1D & 1E) and
east right-of-way (ROW) of N Oak St;
Then north along east ROW of N Oak St and west boundary of
said 12.34 acre tract, and 25.175 acre tract (HAYNES, J W SURVEY
Abstract 780 Tract 2A 2B & 2C) to southeast corner of 16.977 acre
tract (CLICK, JOHN SURVEY Abstract 287 Tract 3);
Then west along south boundary of said 16.977 acre tract and
north boundary of HOLLEY PLACE Block 1 to northwest corner of
0.223994 acre lot (HOLLEY PLACE Block 1 Lot 1);
Then south along west boundary of said 0.223994 acre lot to
southwest corner of said lot, south boundary of said 16.977 acre
tract and north ROW of Race St;
Then due south to centerline of ROW of Race St;
Then west along centerline of ROW of Race St to west ROW of N
Trail St and east boundary of 0.28 acre tract (CLICK, JOHN SURVEY
Abstract 287 Tract 1W);
Then north along east boundary of said 0.28 acre tract, and
NORTH TRAIL ADDITION Block 1 Lots 1- 4, and CLICK, JOHN SURVEY
Abstract 287 Tracts 1J, 1C and 1A (0.56 acres) to northeast corner
of said Tract 1A and south ROW of Roundtree Ln;
Then west along north boundary of said 0.56 acre tract, and
south ROW of Roundtree Ln to northwest corner of said tract and east
boundary of 27.46 acre tract (CLICK, JOHN SURVEY Abstract 287 Tract
1AA);
Then south along east boundary of said 27.46 acre tract to
southeast corner of said tract and north boundary of QUAIL CREEK
ADDITION-CROWLEY;
Then west, north and west along south boundary of said 27.46
acre tract and north boundary QUAIL CREEK ADDITION-CROWLEY to
southeast corner of 44.515 acre tract (POOL, BEVERLY SURVEY
Abstract 1243 Tract 1D & A1598 TR 3G CITY BOUNDARY SPLIT);
Then west, south and west along south boundary of said 44.515
acre tract and north boundary QUAIL CREEK ADDITION-CROWLEY, 3.07
acre tract (POOL, BEVERLY SURVEY Abstract 1243 Tract 1C), across
ROW of McCart Ave to southwest corner of said 44.515 acre and
municipal boundary line of Crowley;
Then north and north northeast +/ 1,161 feet along municipal
boundary line of Crowley to centerline of a creek;
Then easterly generally along the centerline of a creek the
following calls: South 89 degrees 08 minutes 45 seconds East at
47.89 feet,
South 80 degrees 01 minutes 05 seconds East at 78.78 feet,
South 41 degrees 59 minutes 54 seconds East at 118.56 feet,
South 64 degrees 49 minutes 24 seconds East at 89.69 feet,
South 74 degrees 50 minutes 24 seconds East at 74.79 feet,
South 34 degrees 36 minutes 36 seconds East at 72.32 feet,
South 60 degrees 19 minutes 16 seconds East at 192.49 feet,
South 11 degrees 37 minutes 32 seconds East at 77.57 feet,
South 63 degrees 26 minutes 56 seconds East at 26.21 feet,
North 64 degrees 52 minutes 34 seconds East at 51.01 feet,
South 86 degrees 32 minutes 02 seconds East at 58.72 feet,
South 37 degrees 48 minutes 48 seconds East at 92.58 feet,
South 55 degrees 44 minutes 18 seconds East at 108.13 feet,
South 39 degrees 07 minutes 52 seconds East at 61.29 feet,
South 25 degrees 27 minutes 51 seconds East at 106.14 feet,
South 51 degrees 48 minutes 33 seconds East at 110.25 feet,
South 82 degrees 37 minutes 06 seconds East at 75.79 feet,
North 75 degrees 35 minutes 16 seconds East at 62.88 feet,
North 64 degrees 53 minutes 51 seconds East at 211.76 feet,
South 76 degrees 10 minutes 31 seconds East at 100.20 feet,
South 85 degrees 14 minutes 19 seconds East at 61.42 feet,
North 78 degrees 17 minutes 34 seconds East at 40.52 feet to
the east boundary line of Beverly Pool Survey, Abstract 1243 and
east boundary of said tract and west boundary of 27.46 acre tract
(CLICK, JOHN SURVEY Abstract 287 Tract 1AA);
Then northerly generally along the centerline of said creek
the following calls:
North 78 degrees 17 minutes 34 seconds East at 171.59 feet,
North 43 degrees 00 minutes 10 seconds East at 76.73 feet,
North 52 degrees 33 minutes 37 seconds East at 85.13 feet,
North 34 degrees 20 minutes 24 seconds East at 95.67 feet,
North 17 degrees 24 minutes 39 seconds East at 97.66 feet,
North 05 degrees 36 minutes 46 seconds West at 86.74 feet,
North 30 degrees 54 minutes 11 seconds West at 77.82 feet,
North 08 degrees 07 minutes 46 seconds West at 225.97 feet,
and
North 36 degrees 07 minutes 47 seconds East at 51.53 feet to
the north boundary line of said 27.46 acre tract and south boundary
152 acre tract (WALTERS, MOSES SURVEY Abstract 1598 Tract 4 & A287
TR 3F CITY BOUNDARY SPLIT);
Then east along south boundary of said 152 acre tract to
northwest corner of 3.11 acre tract (CLICK, JOHN SURVEY Abstract
287 Tract 1Z);
Then south by west along west boundary of said 3.11 acre tract
to southwest corner of said tract and north ROW of Roundtree Ln;
Then east along south boundary of said 3.11 acre tract and
north ROW of Roundtree Ln to east ROW of N Trail St and west boundary
of 4 acre tract (CLICK, JOHN SURVEY Abstract 287 Tract 3D & 3E);
Then south along east ROW of N Trail St to southwest corner of
0.30 acre lot (SPEILMAN ADDITION Block 3 Lot 1) and north ROW of
Race St;
Then east along south boundary of said 0.30 acre lot, and
north ROW of Race St, across ROW of N Water Ln to southwest corner of
16.977 acre tract (CLICK, JOHN SURVEY Abstract 287 Tract 3);
Then north along west boundary of said 16.977 acre tract to
northwest corner of said tract and south boundary of 8.353 acre
tract (WELLS, SAMUEL T SURVEY Abstract 1684 Tract 1B 1B1 & 1C);
Then west along south boundary of said 8.353 acre tract to
southwest corner of said tract;
Then north along west boundary of said 8.353 acre tract, and
113.62 acre tract (WELLS, SAMUEL T SURVEY Abstract 1684 Tract 1E) to
northwest corner of said tract and southeast corner of 10.52 acre
tract (WALTERS, MOSES SURVEY Abstract 1598 Tract 4A BOUNDARY
SPLIT);
Then west by north +/- 1,978 feet along south boundary of said
10.52 acre tract to the municipal boundary line of Crowley;
Then northeast +/- 181 feet along municipal boundary line of
Crowley across said 10.52 acre and 0.859533 acre tract (GILL, JOSE A
SURVEY Abstract 568 Tract 1B A 568 TR 1B BOUNDARY SPLIT) to south
boundary of 2.84 acre lot (CARSON RANCH ESTATES ADDITION Block 19
Lot 12);
Then generally east +/- 50 feet along municipal boundary line
of Crowley and south boundary of said 2.84 acre lot to southeast
corner of said lot and southwest corner of 66.907 acre tract (GILL,
JOSE A SURVEY Abstract 568 Tract 1C);
Then north northeast along west boundary of said 66.907 acre
tract and east boundary of CARSON RANCH ESTATES ADDITION to
northwest corner of said 66.907 acre tract;
Then north by east +/- 63 feet to municipal boundary line of
Crowley and generally west of northwest corner of 158.022 acre
tract (WELLS, F M SURVEY Abstract 1683 Tract 1 A 1683 TR 1 BOUNDARY
SPLIT);
Then east and east by south +/ 3,155 feet along municipal
boundary line of Crowley to east boundary of 158.022 acre tract
(WELLS, F M SURVEY Abstract 1683 Tract 1 A 1683 TR 1 BOUNDARY
SPLIT);
Then south along east boundary of said 158.022 acre tract to
northwest corner of 48.012 acre tract (TOLER, THOMAS H SURVEY
Abstract 1536 Tract 1);
Then east along north boundary of said 48.012 acre tract, and
4.044 acre tract (TOLER, THOMAS H SURVEY Abstract 1536 Tract 1D) to
northeast corner of said 4.044 acre tract and northwest corner of
6.1 acre tract (TOLER, THOMAS H SURVEY Abstract 1536 Tract 3);
The south by west along west boundary of said 6.1 acre tract
across ROW of Industrial Blvd to southwest corner of said 6.1 acre
tract;
Then south by east +/- 70 feet to northeast corner of 22.10
acre tract (HUNTON, JOHN C SURVEY Abstract 728 Tract 1C02);
Then generally south by west along east boundary of said
22.10 acre tract to southeast corner of said tract;
Then west along said 22.10 acre tract, and 8.72 acre tract
(WELLS, SAMUEL T SURVEY Abstract 1684 Tract 1B03) to southwest
corner of said 8.72 acre tract and east ROW of N Beverly St;
Then generally south along east ROW of N Beverly St to a point
due east of northeast corner of 0.16 acre tract (REYNOLDS,
SYLVESTER S SURVEY Abstract 1316 Tract 1A02);
Then west across ROW of N Beverly St and along north boundary
of said 0.16 acre tract to northwest corner of said tract;
The south by west along west boundary of said 0.16 acre tract
to southwest corner of said tract and south boundary line of 12.34
acre tract (REYNOLDS, SYLVESTER S SURVEY Abstract 1316 Tract 1C 1D &
1E);
Then west along south boundary of said 12.34 acre tract to
southwest corner of said tract, and coincident northwest corner of
0.16 acre lot (COUNTRY CREEK ESTATES Block 1 Lot 1) and the PLACE OF
BEGINNING of Karis Management District Boundary, containing +/- 597
acres of land.
Save and Except Oncor Electric Delivery Co LLC 3.59 acre
tract (TOLER, THOMAS H SURVEY Abstract 1536 Tract 1A), TAD Account
04217470;
Save and Except Oncor Electric Delivery Co LLC 10.52 acre
tract (WALTERS, MOSES SURVEY Abstract 1598 Tract 4A BOUNDARY
SPLIT), TAD Account 04231473;
Save and Except Oncor Electric Delivery Co LLC 9 acre tract
(WELLS, SAMUEL T SURVEY Abstract 1684 Tract 1A), TAD Account
04265378;
Save and Except Oncor Electric Delivery Co LLC 10.52 acre
tract (WALTERS, MOSES SURVEY Abstract 1598 Tract 4A BOUNDARY
SPLIT), TAD Account 04901304;
Save and Except Oncor Electric Delivery Co LLC 4.044 acre
tract (TOLER, THOMAS H SURVEY Abstract 1536 Tract 1D), TAD Account
05700973;
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2456 passed the Senate on
May 3, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2456 passed the House on
May 22, 2019, by the following vote: Yeas 118, Nays 25,
three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor