Texas 2021 - 87th Regular

Texas House Bill HB4629 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R19886 SMT-F
2	2		By: Stucky H.B. No. 4629
	3	+	Substitute the following for H.B. No. 4629:
	4	+	By: J. Johnson of Harris C.S.H.B. No. 4629
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the creation of the Agora Municipal Management District
8	10		No. 1; providing authority to issue bonds; providing authority to
9	11		impose assessments, fees, and taxes.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	14		Code, is amended by adding Chapter 3997 to read as follows:
13	15		CHAPTER 3997. AGORA MUNICIPAL MANAGEMENT DISTRICT NO. 1
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 3997.0101. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "City" means the City of Corinth.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Agora Municipal Management
20	22		District No. 1.
21	23		Sec. 3997.0102. NATURE OF DISTRICT. The Agora Municipal
22	24		Management District No. 1 is a special district created under
23	25		Section 59, Article XVI, Texas Constitution.
24	26		Sec. 3997.0103. PURPOSE; DECLARATION OF INTENT. (a) The
25	27		creation of the district is essential to accomplish the purposes of
26	28		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
27	29		Texas Constitution, and other public purposes stated in this
28	30		chapter.
29	31		(b) By creating the district and in authorizing the city and
30	32		other political subdivisions to contract with the district, the
31	33		legislature has established a program to accomplish the public
32	34		purposes set out in Section 52-a, Article III, Texas Constitution.
33	35		(c) The creation of the district is necessary to promote,
34	36		develop, encourage, and maintain employment, commerce,
35	37		transportation, housing, tourism, recreation, the arts,
36	38		entertainment, economic development, safety, and the public
37	39		welfare in the district.
38	40		(d) This chapter and the creation of the district may not be
39	41		interpreted to relieve the city from providing the level of
40	42		services provided as of the effective date of the Act enacting this
41	43		chapter to the area in the district. The district is created to
42	44		supplement and not to supplant city services provided in the
43	45		district.
44	46		Sec. 3997.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
45	47		(a) All land and other property included in the district will
46	48		benefit from the improvements and services to be provided by the
47	49		district under powers conferred by Sections 52 and 52-a, Article
48	50		III, and Section 59, Article XVI, Texas Constitution, and other
49	51		powers granted under this chapter.
50	52		(b) The district is created to serve a public use and
51	53		benefit.
52	54		(c) The creation of the district is in the public interest
53	55		and is essential to further the public purposes of:
54	56		(1) developing and diversifying the economy of the
55	57		state;
56	58		(2) eliminating unemployment and underemployment; and
57	59		(3) developing or expanding transportation and
58	60		commerce.
59	61		(d) The district will:
60	62		(1) promote the health, safety, and general welfare of
61	63		residents, employers, potential employees, employees, visitors,
62	64		and consumers in the district, and of the public;
63	65		(2) provide needed funding for the district to
64	66		preserve, maintain, and enhance the economic health and vitality of
65	67		the district territory as a community and business center;
66	68		(3) promote the health, safety, welfare, and enjoyment
67	69		of the public by providing parks, open spaces, and pedestrian ways
68	70		and by landscaping and developing certain areas in the district,
69	71		which are necessary for the restoration, preservation, and
70	72		enhancement of scenic beauty; and
71	73		(4) provide for water, wastewater, drainage, road, and
72	74		recreational facilities for the district.
73	75		(e) Pedestrian ways along or across a street, whether at
74	76		grade or above or below the surface, and street lighting, street
75	77		landscaping, parking, and street art objects are parts of and
76	78		necessary components of a street and are considered to be a street
77	79		or road improvement.
78	80		(f) The district will not act as the agent or
79	81		instrumentality of any private interest even though the district
80	82		will benefit many private interests as well as the public.
81	83		Sec. 3997.0105. INITIAL DISTRICT TERRITORY. (a) The
82	84		district is initially composed of the territory described by
83	85		Section 2 of the Act enacting this chapter.
84	86		(b) The boundaries and field notes contained in Section 2 of
85	87		the Act enacting this chapter form a closure. A mistake in the
86	88		field notes or in copying the field notes in the legislative process
87	89		does not affect the district's:
88	90		(1) organization, existence, or validity;
89	91		(2) right to issue any type of bonds for the purposes
90	92		for which the district is created or to pay the principal of and
91	93		interest on the bonds;
92	94		(3) right to impose or collect an assessment or tax; or
93	95		(4) legality or operation.
94	96		Sec. 3997.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
95	97		All or any part of the area of the district is eligible to be
96	98		included in:
97	99		(1) a tax increment reinvestment zone created under
98	100		Chapter 311, Tax Code; or
99	101		(2) a tax abatement reinvestment zone created under
100	102		Chapter 312, Tax Code.
101	103		Sec. 3997.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
102	104		DISTRICTS LAW. Except as otherwise provided by this chapter,
103	105		Chapter 375, Local Government Code, applies to the district.
104	106		Sec. 3997.0108. CONSTRUCTION OF CHAPTER. This chapter
105	107		shall be liberally construed in conformity with the findings and
106	108		purposes stated in this chapter.
107	109		SUBCHAPTER B. BOARD OF DIRECTORS
108	110		Sec. 3997.0201. GOVERNING BODY; TERMS. (a) The district is
109	111		governed by a board of five directors appointed in the manner
110	112		provided by Section 3997.0202.
111	113		(b) Directors serve staggered terms of four years.
112	114		Sec. 3997.0202. APPOINTMENT AND REMOVAL OF DIRECTORS. (a)
113	115		The governing body of the city shall appoint directors to the board.
114	116		(b) The governing body of the city may not appoint a person
115	117		to serve as a director if after the appointment fewer than three of
116	118		the directors would reside in the city.
117	119		(c) The governing body of the city may remove a director.
118	120		Sec. 3997.0203. EX OFFICIO DIRECTORS. (a) The city
119	121		manager, city director of economic development, and city director
120	122		of finance serve as nonvoting ex officio directors.
121	123		(b) An ex officio director is entitled to speak on any
122	124		matter before the board.
123	125		(c) An ex officio director is entitled to receive the same
124	126		notices and information as a voting director.
125	127		(d) If an office described by Subsection (a) is renamed,
126	128		changed, or abolished, the governing body of the city may appoint to
127	129		serve as a nonvoting ex officio director another officer or
128	130		employee who performs duties comparable to those performed by the
129	131		officer or employee described by Subsection (a).
130	132		(e) The city manager, city director of economic
131	133		development, or city director of finance may appoint a designee to
132	134		serve under this section in place of that person.
133	135		(f) An ex officio director is not counted as a director for
134	136		purposes of establishing a quorum.
135	137		(g) Section 375.063, Local Government Code, does not apply
136	138		to an ex officio director.
137	139		Sec. 3997.0204. VACANCY. The governing body of the city
138	140		shall fill a vacancy on the board for the remainder of the unexpired
139	141		term.
140	142		Sec. 3997.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
141	143		director shall file the director's oath or affirmation of office
142	144		with the district. The district shall retain the oath or
143	145		affirmation in the district records.
144	146		(b) A director shall file a copy of the director's oath or
145	147		affirmation with the secretary of the city.
146	148		Sec. 3997.0206. COMPENSATION; EXPENSES. A director is not
147	149		entitled to compensation, but is entitled to reimbursement for
148	150		necessary and reasonable expenses incurred in carrying out the
149	151		duties and responsibilities of the board.
150	152		Sec. 3997.0207. INITIAL DIRECTORS. Notwithstanding
151	153		Section 3997.0201(b), the governing body of the city shall
152	154		designate three initial directors to serve terms that expire June
153	155		1, 2023, and two initial directors to serve terms that expire June
154	156		1, 2025.
155	157		SUBCHAPTER C. POWERS AND DUTIES
156	158		Sec. 3997.0301. GENERAL POWERS AND DUTIES. The district
157	159		has the powers and duties necessary to accomplish the purposes for
158	160		which the district is created.
159	161		Sec. 3997.0302. DEVELOPMENT AGREEMENT. The city, the
160	162		district, and any other entities the city determines are necessary
161	163		to the agreement may execute a development agreement if approved by
162	164		the city and the district.
163	165		Sec. 3997.0303. IMPROVEMENT PROJECTS AND SERVICES. (a) The
164	166		district, using any money available to the district for the
165	167		purpose, may provide, design, construct, acquire, improve,
166	168		relocate, operate, maintain, or finance an improvement project or
167	169		service authorized under this chapter or Chapter 372 or 375, Local
168	170		Government Code, including parks and open spaces.
169	171		(b) The district may contract with a governmental or private
170	172		entity to carry out an action under Subsection (a).
171	173		(c) The implementation of a district project or service is a
172	174		governmental function or service for the purposes of Chapter 791,
173	175		Government Code.
174	176		Sec. 3997.0304. NONPROFIT CORPORATION. (a) The board by
175	177		resolution may authorize the creation of a nonprofit corporation to
176	178		assist and act for the district in implementing a project or
177	179		providing a service authorized by this chapter.
178	180		(b) The nonprofit corporation:
179	181		(1) has each power of and is considered to be a local
180	182		government corporation created under Subchapter D, Chapter 431,
181	183		Transportation Code; and
182	184		(2) may implement any project and provide any service
183	185		authorized by this chapter.
184	186		(c) The board shall appoint the board of directors of the
185	187		nonprofit corporation. The board of directors of the nonprofit
186	188		corporation shall serve in the same manner as the board of directors
187	189		of a local government corporation created under Subchapter D,
188	190		Chapter 431, Transportation Code, except that a board member is not
189	191		required to reside in the district.
190	192		Sec. 3997.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
191	193		The district may join and pay dues to a charitable or nonprofit
192	194		organization that performs a service or provides an activity
193	195		consistent with the furtherance of a district purpose.
194	196		Sec. 3997.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
195	197		district may engage in activities that accomplish the economic
196	198		development purposes of the district.
197	199		(b) The district may establish and provide for the
198	200		administration of one or more programs to promote state or local
199	201		economic development and to stimulate business and commercial
200	202		activity in the district, including programs to:
201	203		(1) make loans and grants of public money; and
202	204		(2) provide district personnel and services.
203	205		(c) The district may create economic development programs
204	206		and exercise the economic development powers provided to
205	207		municipalities by:
206	208		(1) Chapter 380, Local Government Code; and
207	209		(2) Subchapter A, Chapter 1509, Government Code.
208	210		Sec. 3997.0307. PARKING FACILITIES. (a) The district may
209	211		acquire, lease as lessor or lessee, construct, develop, own,
210	212		operate, and maintain parking facilities or a system of parking
211	213		facilities, including lots, garages, parking terminals, or other
212	214		structures or accommodations for parking motor vehicles off the
213	215		streets and related appurtenances.
214	216		(b) The district's parking facilities serve the public
215	217		purposes of the district and are owned, used, and held for a public
216	218		purpose even if leased or operated by a private entity for a term of
217	219		years.
218	220		(c) The district's parking facilities are parts of and
219	221		necessary components of a street and are considered to be a street
220	222		or road improvement.
221	223		(d) The development and operation of the district's parking
222	224		facilities may be considered an economic development program.
223	225		Sec. 3997.0308. ADDING OR EXCLUDING LAND. The district may
224	226		add or exclude land in the manner provided by Subchapter J, Chapter
225	227		49, Water Code, or by Subchapter H, Chapter 54, Water Code.
226	228		Sec. 3997.0309. DISBURSEMENTS AND TRANSFERS OF MONEY OR
227	229		OTHER ASSETS. The board by resolution shall establish the number of
228	230		directors' signatures and the procedure required for a disbursement
229	231		or transfer of district money or other assets.
230	232		Sec. 3997.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
231	233		Section 375.161, Local Government Code, does not apply to the
232	234		district.
233	235		Sec. 3997.0311. NO EMINENT DOMAIN POWER. The district may
234	236		not exercise the power of eminent domain.
235	237		SUBCHAPTER D. ASSESSMENTS
236	238		Sec. 3997.0401. PETITION REQUIRED FOR FINANCING SERVICES
237	239		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
238	240		service or improvement project with assessments under this chapter
239	241		unless a written petition requesting that service or improvement
240	242		has been filed with the board.
241	243		(b) A petition filed under Subsection (a) must be signed by
242	244		the owners of a majority of the assessed value of real property in
243	245		the district subject to assessment according to the most recent
244	246		certified tax appraisal roll for the county.
245	247		Sec. 3997.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
246	248		The board by resolution may impose and collect an assessment for any
247	249		purpose authorized by this chapter in all or any part of the
248	250		district.
249	251		(b) An assessment, a reassessment, or an assessment
250	252		resulting from an addition to or correction of the assessment roll
251	253		by the district, penalties and interest on an assessment or
252	254		reassessment, an expense of collection, and reasonable attorney's
253	255		fees incurred by the district:
254	256		(1) are a first and prior lien against the property
255	257		assessed;
256	258		(2) are superior to any other lien or claim other than
257	259		a lien or claim for county, school district, or municipal ad valorem
258	260		taxes; and
259	261		(3) are the personal liability of and a charge against
260	262		the owners of the property even if the owners are not named in the
261	263		assessment proceedings.
262	264		(c) The lien is effective from the date of the board's
263	265		resolution imposing the assessment until the date the assessment is
264	266		paid. The board may enforce the lien in the same manner that the
265	267		board may enforce an ad valorem tax lien against real property.
266	268		(d) The board may make a correction to or deletion from the
267	269		assessment roll that does not increase the amount of assessment of
268	270		any parcel of land without providing notice and holding a hearing in
269	271		the manner required for additional assessments.
270	272		SUBCHAPTER E. TAXES AND BONDS
271	273		Sec. 3997.0501. TAX ELECTION REQUIRED. (a) The district
272	274		must hold an election in the manner provided by Chapter 49, Water
273	275		Code, or, if applicable, Chapter 375, Local Government Code, to
274	276		obtain voter approval before the district may impose an ad valorem
275	277		tax.
276	278		(b) Section 375.243, Local Government Code, does not apply
277	279		to the district.
278	280		Sec. 3997.0502. OPERATION AND MAINTENANCE TAX. (a) If
279	281		authorized by a majority of the district voters voting at an
280	282		election under Section 3997.0501, the district may impose an
281	283		operation and maintenance tax on taxable property in the district
282	284		in the manner provided by Section 49.107, Water Code, for any
283	285		district purpose, including to:
284	286		(1) maintain and operate the district;
285	287		(2) construct or acquire improvements; or
286	288		(3) provide a service.
287	289		(b) The board shall determine the operation and maintenance
288	290		tax rate. The rate may not exceed the rate approved at the
289	291		election.
290	292		Sec. 3997.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
291	293		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
292	294		terms determined by the board.
293	295		(b) The district may issue bonds, notes, or other
294	296		obligations payable wholly or partly from ad valorem taxes,
295	297		assessments, impact fees, revenue, contract payments, grants, or
296	298		other district money, or any combination of those sources of money,
297	299		to pay for any authorized district purpose.
298	300		(c) The district may issue, by public or private sale,
299	301		bonds, notes, or other obligations payable wholly or partly from ad
300	302		valorem taxes or assessments in the manner provided by Subchapter
301	303		A, Chapter 372, Local Government Code, if the improvements financed
302	304		by an obligation issued under this section will be conveyed to or
303	305		operated and maintained by a municipality or other retail utility
304	306		provider pursuant to an agreement with the district entered into
305	307		before the issuance of the obligation.
306	308		Sec. 3997.0504. BONDS SECURED BY REVENUE OR CONTRACT
307	309		PAYMENTS. The district may issue, without an election, bonds
308	310		secured by:
309	311		(1) revenue other than ad valorem taxes, including
310	312		contract revenues; or
311	313		(2) contract payments, provided that the requirements
312	314		of Section 49.108, Water Code, have been met.
313	315		Sec. 3997.0505. BONDS SECURED BY AD VALOREM TAXES;
314	316		ELECTIONS. (a) If authorized at an election under Section
315	317		3997.0501, the district may issue bonds payable from ad valorem
316	318		taxes.
317	319		(b) At the time the district issues bonds payable wholly or
318	320		partly from ad valorem taxes, the board shall provide for the annual
319	321		imposition of a continuing direct annual ad valorem tax, without
320	322		limit as to rate or amount, for each year that all or part of the
321	323		bonds are outstanding as required and in the manner provided by
322	324		Sections 54.601 and 54.602, Water Code.
323	325		(c) All or any part of any facilities or improvements that
324	326		may be acquired by a district by the issuance of its bonds may be
325	327		submitted as a single proposition or as several propositions to be
326	328		voted on at the election.
327	329		Sec. 3997.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
328	330		board may not issue bonds until each municipality in whose
329	331		corporate limits or extraterritorial jurisdiction the district is
330	332		located has consented by ordinance or resolution to the creation of
331	333		the district and to the inclusion of land in the district.
332	334		(b) This section applies only to the district's first
333	335		issuance of bonds payable from ad valorem taxes.
334	336		SECTION 2. The Agora Municipal Management District No. 1
335	337		initially includes all territory contained in the following area:
336	338		BEING 10.479 acres of land located in the J. WALTON SURVEY, Abstract
337	339		No. 1389, City of Corinth, Denton County, Texas, and being the same
338	340		tract of land conveyed to Anchor City Investments, LLC, by the deed
339	341		recorded in Instrument No. 2006-90896, of the Deed Records of
340	342		Denton County, Texas. Said 10.479 acres of land being more
341	343		particularly described by metes and bounds as follows:
342	344		BEGINNING at a 1/2" iron rod found at the Northwest corner of Lot 1,
343	345		Block A, Corinth Medical Center, an addition to the City of Corinth
344	346		according to the plat recorded in Instrument No. 2013-52, of the
345	347		Plat Records of Denton County, Texas, and said point lying in the
346	348		South right-of-way line of Walton Road (a 60 foot wide public
347	349		right-of-way);
348	350		THENCE S 13° 19' 57" E 587.40 feet, along the East boundary line of
349	351		said Anchor City Investments Tract and the West boundary line of
350	352		said Lot 1, Block A, to a 5/8" iron rod found at the Southeast corner
351	353		of said Anchor City Investments Tract and the Southwest corner of
352	354		said Lot 1, Block A, and said point lying in a curve to the left in
353	355		the North Right-of-way line of Corinth Parkway (a variable width
354	356		public right-of-way);
355	357		THENCE along the North right-of-way line of said Corinth Parkway,
356	358		and the South boundary line of said Anchor City Investments Tract,
357	359		as follows:
358	360		1. SOUTHWESTERLY 55.02 feet, along said curve to the left, having
359	361		a radius of 2,542.00 feet, a central angle of 01° 14' 24", and a
360	362		chord bearing S 63° 50' 46" W 55.01 feet, to a 1/2" iron rod marked
361	363		found, at the end of said curve;
362	364		2. S 79° 53' 43" w 152.91 feet, to a 5/8" iron rod marked "Carter &
363	365		Burgess" found lying at the beginning of another curve to the left;
364	366		3. SOUTHWESTERLY 225.31 feet, along said curve to the left, having
365	367		a radius of 2,590.00 feet, a central angle of 04° 59' 04", and a
366	368		chord bearing S 57° 31' 42" W 225.24 feet, to an "X" cut in a concrete
367	369		utility vault, set at the end of said curve, and said point lying in
368	370		a curve to the right in the East boundary line of a tract of land
369	371		(formerly the M.K.T. Railway) conveyed to the City of Denton by the
370	372		deed recorded in Instrument No. 93-0058485 of the Deed Records of
371	373		Denton County, Texas;
372	374		THENCE along the West boundary line of said Anchor City Investments
373	375		Tract and the East boundary line of said City of Denton Tract, as
374	376		follows:
375	377		1. NORTHWESTERLY 302.73 feet, along said curve to the right,
376	378		having a radius of 1,937.96 feet, a central angle of 08° 57' 01", and
377	379		a chord bearing N 43° 49' 18" W 302.42 feet, to a 1/2" iron rod found
378	380		at the end of said curve;
379	381		2. N 39° 16' 15" w 675.17 feet, to a 1/2" iron rod found, at the
380	382		Northwest corner of said Anchor City Investments Tract and said
381	383		point lying in the South right-of-way line of the aforesaid Walton
382	384		Road;
383	385		3. THENCE N 89° 49' 39" E 891.27 feet, along the North boundary line
384	386		of said Anchor City Investments Tract and the South right-of-way
385	387		line of said Walton Road, to the POINT OF BEGINNING containing
386	388		10.479 acres (456,953 square feet) of land
387	389		SECTION 3. (a) The legal notice of the intention to
388	390		introduce this Act, setting forth the general substance of this
389	391		Act, has been published as provided by law, and the notice and a
390	392		copy of this Act have been furnished to all persons, agencies,
391	393		officials, or entities to which they are required to be furnished
392	394		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
393	395		Government Code.
394	396		(b) The governor, one of the required recipients, has
395	397		submitted the notice and Act to the Texas Commission on
396	398		Environmental Quality.
397	399		(c) The Texas Commission on Environmental Quality has filed
398	400		its recommendations relating to this Act with the governor,
399	401		lieutenant governor, and speaker of the house of representatives
400	402		within the required time.
401	403		(d) All requirements of the constitution and laws of this
402	404		state and the rules and procedures of the legislature with respect
403	405		to the notice, introduction, and passage of this Act have been
404	406		fulfilled and accomplished.
405	407		SECTION 4. This Act takes effect immediately if it receives
406	408		a vote of two-thirds of all the members elected to each house, as
407	409		provided by Section 39, Article III, Texas Constitution. If this
408	410		Act does not receive the vote necessary for immediate effect, this
409	411		Act takes effect September 1, 2021.