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                                  * * * * *