By: Moncrief S.B. No. 1766
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operations, and financing of the Westworth Village-White Settlement
1-3 Redevelopment Authority; granting the power of eminent domain.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Authority" means the Westworth Village-White
1-7 Settlement Redevelopment Authority.
1-8 (2) "Board" means board of directors of the authority.
1-9 (3) "Village" means the City of Westworth Village,
1-10 Texas.
1-11 (4) "City" means the City of White Settlement, Texas.
1-12 SECTION 2. ESTABLISHMENT. The authority is hereby
1-13 established as a political subdivision of the State of Texas with
1-14 boundaries coterminous with the boundaries of the city and the
1-15 village on adoption of resolutions by both the city and the village
1-16 authorizing the authority's establishment and each appointing three
1-17 members to the board of the authority.
1-18 SECTION 3. BOARD. (a) The board shall consist of six
1-19 members and is responsible for the management, operation, and
1-20 control of the authority.
1-21 (b) The members of the board shall be appointed by the
1-22 governing body of the city and village, with three board members
1-23 each being appointed by the city and village.
2-1 (c) Members of the board shall serve for terms of two years
2-2 and until their successors are elected and have qualified.
2-3 (d) The board shall select from its membership a person to
2-4 serve as chairman and a person to serve as vice-chairman. The
2-5 vice-chairman shall preside in the absence of the chairman. The
2-6 board shall also select a secretary-treasurer who does not have to
2-7 be a member of the board.
2-8 (e) A majority of the members of the board shall constitute
2-9 a quorum for the transaction of business.
2-10 (f) Vacancies on the board shall be filled in the manner
2-11 provided for the original appointments, and a person filling a
2-12 vacancy shall serve for the unexpired term.
2-13 (g) The board may employ all persons necessary to carry out
2-14 the functions of the authority.
2-15 (h) The employees are entitled to receive the compensation
2-16 determined by the board.
2-17 SECTION 4. PURPOSE. The authority is created:
2-18 (1) to accept title from the United States of America
2-19 to all or any portion of the real property (collectively the
2-20 "Property") situated:
2-21 (A) within the boundaries of the authority,
2-22 together with any improvements therein and personal property
2-23 related thereto, commonly referred to as Parcel A - 18 Hole Golf
2-24 Course; Parcel B - Wherry Housing Area; Parcel C - Kings Branch
2-25 Housing Area; Parcel D - Stables Area and Vacant Land; Parcel E - 5
3-1 acres; Parcel F - 18 acres; Parcel H - Firing Range; and
3-2 (B) outside the boundaries of the authority
3-3 within an unincorporated area in Tarrant County, together with any
3-4 improvements thereon and personal property related thereto commonly
3-5 referred to as Parcel G - Weapons Storage Area; and
3-6 (2) to utilize the property and all assistance
3-7 available for the property from the United States government and
3-8 all other sources to replace and enhance the economic benefits
3-9 generated for the property by Carswell Air Force Base with
3-10 diversified activity including planned land uses to foster creation
3-11 of new jobs, economic development, industry, commerce,
3-12 manufacturing, housing, and recreation and the construction,
3-13 operation, and maintenance of facilities, improvements, and
3-14 infrastructures on the property; provided, however, any use or
3-15 development of land within Parcel G may not be undertaken without
3-16 the prior written consent of the City of Fort Worth, Texas.
3-17 SECTION 5. POWERS. The authority is hereby granted, has,
3-18 and may exercise all powers necessary or appropriate to carry out,
3-19 achieve, or effectuate the purpose of this Act, including, without
3-20 limitation, the following powers:
3-21 (1) to sue and be sued, and plead and be impleaded, in
3-22 its own name;
3-23 (2) to adopt an official seal and alter same when
3-24 deemed advisable and to adopt and enforce bylaws, rules, and
3-25 regulations for the conduct of its affairs, not inconsistent with
4-1 the provisions of this Act;
4-2 (3) to acquire, hold, use, and dispose of its
4-3 revenues, income, receipts, funds, and money from every source and
4-4 to select its depository or depositories;
4-5 (4) to acquire, own, rent, lease, accept, hold, or
4-6 dispose of any real, personal, or mixed property comprising the
4-7 property, or any interest therein, in performing its duties and
4-8 exercising its powers under this Act, by purchase, exchange, gift,
4-9 assignment, condemnation, sale, lease, or otherwise, including
4-10 rights or easements, and to hold, manage, operate, or improve the
4-11 property;
4-12 (5) to sell, assign, lease, encumber, mortgage, or
4-13 otherwise dispose of any real, personal, or mixed property
4-14 comprising the property, or any interest therein, and release or
4-15 relinquish any right, title, claim, lien, interest, easement, or
4-16 demand however acquired, and to do any of the foregoing by public
4-17 or private sale, with or without public bidding, notwithstanding
4-18 the provisions of any other law, and to lease or rent any lands
4-19 within the property and buildings, structures, or facilities
4-20 located thereon from or to any person, firm, corporation, city, or
4-21 other public agency or political subdivision to effectuate the
4-22 purposes of this Act;
4-23 (6) to request and to accept any appropriations,
4-24 grants, allocations, subsidies, guaranties, aid, contributions,
4-25 services, labor, materials, gifts, or donations from the federal
5-1 government, the state, any city, public agency, or political
5-2 subdivision, or any other sources;
5-3 (7) to operate and maintain an office and to appoint
5-4 and determine the duties, tenure, qualifications, and compensation
5-5 of such officers, employees, agents, and professional advisors and
5-6 counsellors, including, without limitation, financial consultants,
5-7 accountants, attorneys, architects, engineers, appraisers, and
5-8 financing experts, as are deemed necessary or advisable by the
5-9 board;
5-10 (8) to borrow money;
5-11 (9) to fix and revise from time to time and charge and
5-12 collect rents, rates, fees, and charges for its facilities and
5-13 services;
5-14 (10) to acquire land or any interest therein within
5-15 the boundaries of the authority by condemnation in the manner
5-16 provided by Chapter 21, Property Code, relating to the eminent
5-17 domain, subject to the approval of the city and the village; and
5-18 (11) to exercise those powers as granted to
5-19 municipalities in Chapters 373 and 380, Local Government Code, for
5-20 the development of housing and expansion of economic development
5-21 and commercial activity.
5-22 SECTION 6. EXEMPT FROM TAXATION. The properties, revenues,
5-23 and income of the authority are exempt from all taxes levied by the
5-24 state or a political subdivision of the state.
5-25 SECTION 7. COMPETITIVE BIDS. A contract in the amount of
6-1 more than $15,000 for the construction of improvements or the
6-2 purchase of material, machinery, equipment, supplies, or any other
6-3 property except real property may only be let on competitive bids
6-4 after notice published, at least 15 days before the date set for
6-5 receiving bids, in a newspaper of general circulation in the
6-6 authority. The board may adopt rules governing the taking of bids
6-7 and the awarding of contracts. This section does not apply to
6-8 personal or professional services or the acquisition or sale of the
6-9 property.
6-10 SECTION 8. DISSOLUTION. The authority may be dissolved by
6-11 the board on approval of the city and village after all debts or
6-12 obligations have been duly satisfied or retired with such assets of
6-13 the authority to be conveyed or transferred to the city and the
6-14 village in accordance with the approval of the board. It is the
6-15 intent of the legislature that the authority be dissolved after
6-16 conveyance and sale of all of the property.
6-17 SECTION 9. SEVERABILITY. If any word, phrase, clause,
6-18 paragraph, sentence, part, portion, or provision of this Act or the
6-19 application thereof to any persons or circumstances shall be held
6-20 to be invalid or unconstitutional, the remainder of this Act shall
6-21 nevertheless be valid and the legislature hereby declares that this
6-22 Act would have been enacted without such invalid or
6-23 unconstitutional word, phrase, clause, paragraph, sentence, part,
6-24 portion, or provision.
6-25 SECTION 10. EMERGENCY. The importance of this legislation
7-1 and the crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended,
7-5 and that this Act take effect and be in force from and after its
7-6 passage, and it is so enacted.