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.