1-1 By: Moncrief S.B. No. 1766 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Veteran Affairs and 1-4 Military Installations; May 7, 1997, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 7, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operations, and financing of the Westworth Village-White Settlement 1-10 Redevelopment Authority; granting the power of eminent domain. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. DEFINITIONS. In this Act: 1-13 (1) "Authority" means the Westworth Village-White 1-14 Settlement Redevelopment Authority. 1-15 (2) "Board" means board of directors of the authority. 1-16 (3) "Village" means the City of Westworth Village, 1-17 Texas. 1-18 (4) "City" means the City of White Settlement, Texas. 1-19 SECTION 2. ESTABLISHMENT. The authority is hereby 1-20 established as a political subdivision of the State of Texas with 1-21 boundaries coterminous with the boundaries of the city and the 1-22 village on adoption of resolutions by both the city and the village 1-23 authorizing the authority's establishment and each appointing three 1-24 members to the board of the authority. 1-25 SECTION 3. BOARD. (a) The board shall consist of six 1-26 members and is responsible for the management, operation, and 1-27 control of the authority. 1-28 (b) The members of the board shall be appointed by the 1-29 governing body of the city and village, with three board members 1-30 each being appointed by the city and village. 1-31 (c) Members of the board shall serve for terms of two years 1-32 and until their successors are elected and have qualified. 1-33 (d) The board shall select from its membership a person to 1-34 serve as chairman and a person to serve as vice-chairman. The 1-35 vice-chairman shall preside in the absence of the chairman. The 1-36 board shall also select a secretary-treasurer who does not have to 1-37 be a member of the board. 1-38 (e) A majority of the members of the board shall constitute 1-39 a quorum for the transaction of business. 1-40 (f) Vacancies on the board shall be filled in the manner 1-41 provided for the original appointments, and a person filling a 1-42 vacancy shall serve for the unexpired term. 1-43 (g) The board may employ all persons necessary to carry out 1-44 the functions of the authority. 1-45 (h) The employees are entitled to receive the compensation 1-46 determined by the board. 1-47 SECTION 4. PURPOSE. The authority is created: 1-48 (1) to accept title from the United States of America 1-49 to all or any portion of the real property (collectively the 1-50 "Property") situated: 1-51 (A) within the boundaries of the authority, 1-52 together with any improvements therein and personal property 1-53 related thereto, commonly referred to as Parcel A - 18 Hole Golf 1-54 Course; Parcel B - Wherry Housing Area; Parcel C - Kings Branch 1-55 Housing Area; Parcel D - Stables Area and Vacant Land; Parcel E - 5 1-56 acres; Parcel F - 18 acres; Parcel H - Firing Range; and 1-57 (B) outside the boundaries of the authority 1-58 within an unincorporated area in Tarrant County, together with any 1-59 improvements thereon and personal property related thereto commonly 1-60 referred to as Parcel G - Weapons Storage Area; and 1-61 (2) to utilize the property and all assistance 1-62 available for the property from the United States government and 1-63 all other sources to replace and enhance the economic benefits 1-64 generated for the property by Carswell Air Force Base with 2-1 diversified activity including planned land uses to foster creation 2-2 of new jobs, economic development, industry, commerce, 2-3 manufacturing, housing, and recreation and the construction, 2-4 operation, and maintenance of facilities, improvements, and 2-5 infrastructures on the property; provided, however, any use or 2-6 development of land within Parcel G may not be undertaken without 2-7 the prior written consent of the City of Fort Worth, Texas. 2-8 SECTION 5. POWERS. The authority is hereby granted, has, 2-9 and may exercise all powers necessary or appropriate to carry out, 2-10 achieve, or effectuate the purpose of this Act, including, without 2-11 limitation, the following powers: 2-12 (1) to sue and be sued, and plead and be impleaded, in 2-13 its own name; 2-14 (2) to adopt an official seal and alter same when 2-15 deemed advisable and to adopt and enforce bylaws, rules, and 2-16 regulations for the conduct of its affairs, not inconsistent with 2-17 the provisions of this Act; 2-18 (3) to acquire, hold, use, and dispose of its 2-19 revenues, income, receipts, funds, and money from every source and 2-20 to select its depository or depositories; 2-21 (4) to acquire, own, rent, lease, accept, hold, or 2-22 dispose of any real, personal, or mixed property comprising the 2-23 property, or any interest therein, in performing its duties and 2-24 exercising its powers under this Act, by purchase, exchange, gift, 2-25 assignment, condemnation, sale, lease, or otherwise, including 2-26 rights or easements, and to hold, manage, operate, or improve the 2-27 property; 2-28 (5) to sell, assign, lease, encumber, mortgage, or 2-29 otherwise dispose of any real, personal, or mixed property 2-30 comprising the property, or any interest therein, and release or 2-31 relinquish any right, title, claim, lien, interest, easement, or 2-32 demand however acquired, and to do any of the foregoing by public 2-33 or private sale, with or without public bidding, notwithstanding 2-34 the provisions of any other law, and to lease or rent any lands 2-35 within the property and buildings, structures, or facilities 2-36 located thereon from or to any person, firm, corporation, city, or 2-37 other public agency or political subdivision to effectuate the 2-38 purposes of this Act; 2-39 (6) to request and to accept any appropriations, 2-40 grants, allocations, subsidies, guaranties, aid, contributions, 2-41 services, labor, materials, gifts, or donations from the federal 2-42 government, the state, any city, public agency, or political 2-43 subdivision, or any other sources; 2-44 (7) to operate and maintain an office and to appoint 2-45 and determine the duties, tenure, qualifications, and compensation 2-46 of such officers, employees, agents, and professional advisors and 2-47 counsellors, including, without limitation, financial consultants, 2-48 accountants, attorneys, architects, engineers, appraisers, and 2-49 financing experts, as are deemed necessary or advisable by the 2-50 board; 2-51 (8) to borrow money; 2-52 (9) to fix and revise from time to time and charge and 2-53 collect rents, rates, fees, and charges for its facilities and 2-54 services; 2-55 (10) to acquire land or any interest therein within 2-56 the boundaries of the authority by condemnation in the manner 2-57 provided by Chapter 21, Property Code, relating to the eminent 2-58 domain, subject to the approval of the city and the village; and 2-59 (11) to exercise those powers as granted to 2-60 municipalities in Chapters 373 and 380, Local Government Code, for 2-61 the development of housing and expansion of economic development 2-62 and commercial activity. 2-63 SECTION 6. EXEMPT FROM TAXATION. The properties, revenues, 2-64 and income of the authority are exempt from all taxes levied by the 2-65 state or a political subdivision of the state. 2-66 SECTION 7. COMPETITIVE BIDS. A contract in the amount of 2-67 more than $15,000 for the construction of improvements or the 2-68 purchase of material, machinery, equipment, supplies, or any other 2-69 property except real property may only be let on competitive bids 3-1 after notice published, at least 15 days before the date set for 3-2 receiving bids, in a newspaper of general circulation in the 3-3 authority. The board may adopt rules governing the taking of bids 3-4 and the awarding of contracts. This section does not apply to 3-5 personal or professional services or the acquisition or sale of the 3-6 property. 3-7 SECTION 8. DISSOLUTION. The authority may be dissolved by 3-8 the board on approval of the city and village after all debts or 3-9 obligations have been duly satisfied or retired with such assets of 3-10 the authority to be conveyed or transferred to the city and the 3-11 village in accordance with the approval of the board. It is the 3-12 intent of the legislature that the authority be dissolved after 3-13 conveyance and sale of all of the property. 3-14 SECTION 9. SEVERABILITY. If any word, phrase, clause, 3-15 paragraph, sentence, part, portion, or provision of this Act or the 3-16 application thereof to any persons or circumstances shall be held 3-17 to be invalid or unconstitutional, the remainder of this Act shall 3-18 nevertheless be valid and the legislature hereby declares that this 3-19 Act would have been enacted without such invalid or 3-20 unconstitutional word, phrase, clause, paragraph, sentence, part, 3-21 portion, or provision. 3-22 SECTION 10. EMERGENCY. The importance of this legislation 3-23 and the crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended, 3-27 and that this Act take effect and be in force from and after its 3-28 passage, and it is so enacted. 3-29 * * * * *