By: Moncrief S.B. No. 1766 97S0837/1 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 of directors shall serve for terms 2-2 of two years and until their successors are elected and have 2-3 qualified. 2-4 (d) The board shall select from its membership a person to 2-5 serve as chairman and a person to serve as vice-chairman. The 2-6 vice-chairman shall preside in the absence of the chairman. The 2-7 board shall also select a secretary-treasurer who does not have to 2-8 be a member of the board. 2-9 (e) A majority of the members of the board shall constitute 2-10 a quorum for the transaction of business. 2-11 (f) Vacancies on the board shall be filled in the manner 2-12 provided for the original appointments, and a person filling a 2-13 vacancy shall serve for the unexpired term. 2-14 (g) The board may employ all persons necessary to carry out 2-15 the functions of the authority. 2-16 (h) The employees are entitled to receive the compensation 2-17 determined by the board. 2-18 SECTION 4. PURPOSE. The authority is created: 2-19 (1) to accept title from the United States of America 2-20 to all or any portion of the real property (collectively the 2-21 "Property") situated: 2-22 (A) within the boundaries of the authority, 2-23 together with any improvements therein and personal property 2-24 related thereto, commonly referred to as Parcel A - 18 Hole Golf 2-25 Course; Parcel B - Wherry Housing Area; Parcel C - Kings Branch 3-1 Housing Area; Parcel D - Stables Area and Vacant Land; Parcel E - 5 3-2 acres; Parcel F - 18 acres; Parcel H - Firing Range; and 3-3 (B) outside the boundaries of the authority 3-4 within an unincorporated area in Tarrant County, together with any 3-5 improvements thereon and personal property related thereto commonly 3-6 referred to as Parcel G - Weapons Storage Area; and 3-7 (2) to utilize the property and all assistance 3-8 available for the property from the United States government and 3-9 all other sources to replace and enhance the economic benefits 3-10 generated for the property by Carswell Air Force Base with 3-11 diversified activity including planned land uses to foster creation 3-12 of new jobs, economic development, industry, commerce, 3-13 manufacturing, housing, and recreation and the construction, 3-14 operation, and maintenance of facilities, improvements, and 3-15 infrastructures on the property; provided, however, any use or 3-16 development of land within Parcel G may not be undertaken without 3-17 the prior written consent of the City of Fort Worth, Texas. 3-18 SECTION 5. POWERS. The authority is hereby granted, has, 3-19 and may exercise all powers necessary or appropriate to carry out, 3-20 achieve, or effectuate the purpose of this Act, including, without 3-21 limitation, the following powers: 3-22 (1) to sue and be sued, and plead and be impleaded, in 3-23 its own name; 3-24 (2) to adopt an official seal and alter same when 3-25 deemed advisable and to adopt and enforce bylaws, rules, and 4-1 regulations for the conduct of its affairs, not inconsistent with 4-2 the provisions of this Act; 4-3 (3) to acquire, hold, use, and dispose of its 4-4 revenues, income, receipts, funds, and money from every source and 4-5 to select its depository or depositories; 4-6 (4) to acquire, own, rent, lease, accept, hold, or 4-7 dispose of any real, personal, or mixed property comprising the 4-8 property, or any interest therein, in performing its duties and 4-9 exercising its powers under this Act, by purchase, exchange, gift, 4-10 assignment, condemnation, sale, lease, or otherwise, including 4-11 rights or easements, and to hold, manage, operate, or improve the 4-12 property; 4-13 (5) to sell, assign, lease, encumber, mortgage, or 4-14 otherwise dispose of any real, personal, or mixed property 4-15 comprising the property, or any interest therein, and release or 4-16 relinquish any right, title, claim, lien, interest, easement, or 4-17 demand however acquired, and to do any of the foregoing by public 4-18 or private sale, with or without public bidding, notwithstanding 4-19 the provisions of any other law, and to lease or rent any lands 4-20 within the property and buildings, structures, or facilities 4-21 located thereon from or to any person, firm, corporation, city, or 4-22 other public agency or political subdivision to effectuate the 4-23 purposes of this Act; 4-24 (6) to request and to accept any appropriations, 4-25 grants, allocations, subsidies, guaranties, aid, contributions, 5-1 services, labor, materials, gifts, or donations from the federal 5-2 government, the state, any city, public agency, or political 5-3 subdivision, or any other sources; 5-4 (7) to operate and maintain an office and to appoint, 5-5 and determine the duties, tenure, qualifications, and compensation 5-6 of such officers, employees, agents, and professional advisors, and 5-7 counsellors, including, without limitation, financial consultants, 5-8 accountants, attorneys, architects, engineers, appraisers, and 5-9 financing experts, as are deemed necessary or advisable by the 5-10 board; 5-11 (8) to borrow money; 5-12 (9) to fix and revise from time to time and charge and 5-13 collect rents, rates, fees, and charges for its facilities and 5-14 services; 5-15 (10) to acquire land or any interest therein within 5-16 the boundaries of the authority by condemnation in the manner 5-17 provided by Chapter 21, Property Code, relating to the eminent 5-18 domain, subject to the approval of the city and the village; and 5-19 (11) to exercise those powers as granted to 5-20 municipalities in Chapters 373 and 380, Local Government Code, for 5-21 the development of housing and expansion of economic development 5-22 and commercial activity. 5-23 SECTION 6. EXEMPT FROM TAXATION. The properties, revenues, 5-24 and income of the authority are exempt from all taxes levied by the 5-25 state or a political subdivision of the state. 6-1 SECTION 7. COMPETITIVE BIDS. A contract in the amount of 6-2 more than $15,000 for the construction of improvements or the 6-3 purchase of material, machinery, equipment, supplies, or any other 6-4 property except real property may only be let on competitive bids 6-5 after notice published, at least 15 days before the date set for 6-6 receiving bids, in a newspaper of general circulation in the 6-7 authority. The board may adopt rules governing the taking of bids 6-8 and the awarding of contracts. This section does not apply to 6-9 personal or professional services or the acquisition or sale of the 6-10 property. 6-11 SECTION 8. DISSOLUTION. The authority may be dissolved by 6-12 the board on approval of the city and village after all debts or 6-13 obligations have been duly satisfied or retired with such assets of 6-14 the authority to be conveyed or transferred to the city and the 6-15 village in accordance with the approval of the board. It is the 6-16 intent of the legislature that the authority be dissolved after 6-17 conveyance and sale of all of the property. 6-18 SECTION 9. SEVERABILITY. If any word, phrase, clause, 6-19 paragraph, sentence, part, portion, or provision of this Act or the 6-20 application thereof to any persons or circumstances shall be held 6-21 to be invalid or unconstitutional, the remainder of this Act shall 6-22 nevertheless be valid and the legislature hereby declares that this 6-23 Act would have been enacted without such invalid or 6-24 unconstitutional word, phrase, clause, paragraph, sentence, part, 6-25 portion, or provision. 7-1 SECTION 10. EMERGENCY. The importance of this legislation 7-2 and the crowded condition of the calendars in both houses create an 7-3 emergency and an imperative public necessity that the 7-4 constitutional rule requiring bills to be read on three several 7-5 days in each house be suspended, and this rule is hereby suspended, 7-6 and that this Act take effect and be in force from and after its 7-7 passage, and it is so enacted.