By: Shapiro, Nelson S.B. No. 1782
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Frisco Square Management District;
1-3 providing the authority to impose a tax and issue bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 376, Local Government Code, is amended by
1-6 adding Subchapter K to read as follows:
1-7 SUBCHAPTER K. FRISCO SQUARE MANAGEMENT DISTRICT
1-8 Sec. 376.451. CREATION OF DISTRICT. (a) The Frisco Square
1-9 Management District is created as a special district under Section
1-10 59, Article XVI, Texas Constitution.
1-11 (b) The board by resolution may change the district's name.
1-12 (c) The creation of the district is essential to accomplish
1-13 the purposes of Sections 52 and 52-a, Article III, and Section 59,
1-14 Article XVI, Texas Constitution, and other public purposes stated
1-15 in this subchapter.
1-16 Sec. 376.452. DECLARATION OF INTENT. (a) The creation of
1-17 the district is necessary to promote, develop, encourage, and
1-18 maintain employment, commerce, transportation, housing, tourism,
1-19 recreation, arts, entertainment, economic development, safety, and
1-20 the public welfare in the municipality's central business area.
1-21 (b) The creation of the district and this legislation are
1-22 not to be interpreted to relieve the county or the municipality
1-23 from providing the level of services, as of September 1, 2001, to
1-24 the area in the district or to release the county or the
1-25 municipality from the obligations each entity has to provide
2-1 services to that area. The district is created to supplement and
2-2 not supplant the municipal services provided in the area in the
2-3 district.
2-4 (c) By creating the district and in authorizing the
2-5 municipality, county, and other political subdivisions to contract
2-6 with the district, the legislature has established a program to
2-7 accomplish the public purposes set out in Section 52-a, Article
2-8 III, Texas Constitution.
2-9 Sec. 376.453. DEFINITIONS. In this subchapter:
2-10 (1) "Board" means the board of directors of the
2-11 district.
2-12 (2) "County" means Collin County.
2-13 (3) "District" means the Frisco Square Management
2-14 District.
2-15 (4) "Municipality" means the City of Frisco.
2-16 (5) "Utility" means a person that provides gas,
2-17 electricity, telephone, sewage, or water service to the public.
2-18 Sec. 376.454. BOUNDARIES. The district includes all the
2-19 territory contained within the following described area:
2-20 BEING a 114.8298 acre tract of land situated in the W.B. Watkins
2-21 Survey, Abstract No 1004, the Lewis H. McNeil Survey, Abstract No.
2-22 618 and the Clayton Rogers Survey, Abstract No 1089, all in the
2-23 City of Frisco, Collin County, Texas and being described more
2-24 particularly by metes and bounds as follows:
2-25 BEGINNING at a 1/2 inch iron rod found for the intersection of the
2-26 centerline of Cotton Gin Road with the east right-of-way line of
3-1 the Dallas North Tollway (300 feet R.O.W.), said point being on a
3-2 curve to the right having a central angle of 2 deg. 50 min. 55
3-3 sec., a radius of 3014.79 feet and a chord which bears South 01
3-4 deg. 22 min. 55 sec. East, and a chord distance of 149.88 feet;
3-5 1. THENCE southerly, with the east right-of-way line of
3-6 said Dallas North Tollway and said curve, through an arc distance
3-7 of 149.89 feet to the end of said curve at a point of tangency;
3-8 2. THENCE South 00 deg. 02 min. 33 sec. West, with the
3-9 east right-of-way line of said Dallas North Tollway, a distance of
3-10 607.59 feet to the beginning of,, a tangent circular curve to the
3-11 left having a central angle of 9 deg. 09 min. 55 sec., a radius of
3-12 2714.79 feet and a chord which bears South 04 deg. 32 min. 25 sec.
3-13 East, and a chord distance of 433.81 feet;
3-14 3. THENCE southerly, with the east right-of-way line of
3-15 said Dallas North Tollway and said curve, through an arc distance
3-16 of 434.27 feet to the end of said curve;
3-17 4. THENCE perpendicular to the right-of-way of Dallas
3-18 North Tollway, South 80 deg. 52 min. 37 sec. West, at a distance of
3-19 300 feet passing the common west right-of- way of said Dallas North
3-20 Tollway and the eastern line of that certain 129.759 acre tract of
3-21 land conveyed to Lill Yang, Trustee, as recorded in Volume 3063,
3-22 Page 145, D.R.C.C.T., and continuing, in all, a total distance of
3-23 320.00 feet to a point said point being on a circular curve to the
3-24 right having a central angle of 9 deg.09 min. 55 sec., a radius of
3-25 3034.79 feet, a chord which bears North 4 deg. 32 min. 25 sec.
3-26 West, and a chord distance of 484.95 feet:
4-1 5. THENCE northerly, 20 feet parallel with said west
4-2 right- of-way line of the Dallas North Tollway and said curve,
4-3 through an arc distance of 485 46 feet to the end of said curve at
4-4 a point of tangency;
4-5 6. THENCE North 00 deg. 02 min. 33 sec. East, 20 feet
4-6 .parallel with said west right-of-way line, a distance of 607.59
4-7 feet to the beginning of a tangent curve to the left having a
4-8 central angle of 4 deg. 26 min. 55 sec., a radius of 2694 79 feet,
4-9 a chord which bears North 2 deg. 10 min. 55 sec. West, and a chord
4-10 distance of 209 17 feet;
4-11 7. THENCE northerly, 20 feet parallel with the west
4-12 right-of-way line of said Dallas North Tollway and said curve,
4-13 through an arc distance of 209 22 feet to the end of said curve;
4-14 8. THENCE North 89 deg. 53 min. 53 sec. East at a distance
4-15 of 20 03 feet passing the west right-of-way of said Dallas North
4-16 Tollway, and at a distance of 320 78 feet passing the east
4-17 right-of-way line of said Dallas North Tollway, and continuing, in
4-18 all, a distance of 601.01 feet to a point;
4-19 9. THENCE North 41 deg. 38 min. 52 sec. East, a distance
4-20 of 33 30 feet to a point;
4-21 10. THENCE North 6 deg. 36 min. 16 sec. West, a distance of
4-22 974 41 feet to a point
4-23 11. THENCE South 83 deg. 23 min. 44 sec West, .-a distance
4-24 of 270 00 feet to a .point,
4-25 12. THENCE South 38 deg. 23 min. 44 sec. West, a distance
4-26 of 28.28 feet to a point
5-1 13. THENCE South 83 deg. 23 min. 44 sec. West, a distance
5-2 of 10.00 feet to a point on the east right-of-way line of said
5-3 Dallas North Tollway;
5-4 14. THENCE North 06 deg. 36 min. 16 sec. West with the east
5-5 right-of-way line of said Dallas North Tollway, a distance of
5-6 1606.36 feet to the intersection of the east right-of-way line of
5-7 said Dallas North Tollway with the, proposed north right-of-way
5-8 line of Farm to Market Road 720 (F.M.720, variable width R. O. W.);
5-9 THENCE with the proposed north right-of-way line of said F M 720,
5-10 the folio-wing, metes and bounds:
5-11 15. South 48 deg. 08 min. 26 sec. East, a distance of 37 43
5-12 feet to a point;
5-13 16. South 89 deg. 40 min. 36 sec. East, a distance of 20.66
5-14 feet to a points said point being on a tangent curve to the left
5-15 having a central angle of 4 deg. 11 min 37 sec, radius of 2430.00
5-16 feet, a chord which bears North 88 deg. 13 min 36 sec. East, and a
5-17 distance of 177.82 feet;
5-18 17. Easterly, with said curve, through an arc distance of
5-19 177.86 feet to the end of said curve;
5-20 18. South 86 deg. 13 min. 33 sec. East, a distance of 97.72
5-21 feet to a point;
5-22 19. North 86 deg. 07 min. 47 sec. East, a distance of
5-23 1548.06 feet to a point;
5-24 20. South 20 deg. 38 min. 35 sec. East, a distance of 10.44
5-25 feet to a point;,
5-26 21. North 86 deg. 07 min. 47 sec. East, a distance of 28.75
6-1 feet to a point, said point being on a tangent curve to the left
6-2 having a central angle of 10 deg. 51 min. 32 sec., a radius of
6-3 2722.02 feet, a chord which bears South 88 deg. 26 min. 27 sec.
6-4 East, and a chord distance of 515.11 feet;
6-5 22. Easterly, with said curve,. through an arc distance of
6-6 515.88 feet to a point;
6-7 23. South 78 deg. 05 min. 56 sec. East, a distance of
6-8 555.37 feet to a point;
6-9 24. THENCE leaving the proposed north right-of-way line of
6-10 said F.M. 720, South 11 deg. 54 min. 04 sec. West, a distance of
6-11 80.00 feet to a point;
6-12 25. THENCE South 12 deg;. 16 min. 44 sec. West, a distance
6-13 of 81.56 feet to a point;
6-14 26. THENCE South 77 deg. 53 min. 30 sec. East, a distance
6-15 of 61.81 feet to a point;
6-16 27. THENCE South 78 deg. 08 min. 24 sec. East, a distance
6-17 of 138.19 feet to a point on the west right-of-way line of the
6-18 Burlington Northern and Santa Fe Railroad;
6-19 28. THENCE South 12 deg. 16 min. 44 sec. West, with the
6-20 west right-of-way line of said Burlington Northern and Santa Fe
6-21 Railroad, a distance of 210.00 feet to the intersection of the west
6-22 right-of-way line of said Burlington Northern and Santa Fe Railroad
6-23 with the north right-of-way line of Main Street (80 feet R.O.W.);
6-24 29. THENCE South 12 deb. 13 min. 18 sec. West, with the
6-25 west right-of-way line of said Burlington Northern and Santa Fe
6-26 Railroad, a distance of 80.52 feet to the intersection of the west
7-1 right-of-way line of said Burlington Northern and Santa Fe Railroad
7-2 with the south right-of-way line of said Main Street;
7-3 30. THENCE South 12 deg. 51 min. 45 sec. West, with the
7-4 west right-of-way line of said Burlington Northern and Santa Fe
7-5 Railroad, a distance of 359.59 feet to the intersection of the west
7-6 right-of-way line of said Burlington Northern and Santa Fe Railroad
7-7 with the south right-of-way line of Elm Street (60 feet R.O.W.);
7-8 31. THENCE North 77 deg. 42 min. 06 see. West with said
7-9 south right-of-way line of Elm Street a distance of 296.41 feet to
7-10 the intersection of the south right-of-way line of said Elm Street
7-11 with the east right-of-way line of John W Elliot Drive (60 feet
7-12 R.O.W.);
7-13 32. THENCE South 12 deg. 16 min. 44 sec West, with the east
7-14 right-of-way line of said John W. Elliot Drive, a distance of
7-15 479.77 feet to a .point;
7-16 33. THENCE South 83 deg. 23 min. 44 sec. West, a distance
7-17 of 472.56 feet to a point;
7-18 34. THENCE South 06 deg. 36 min. 16 sec East, a distance of
7-19 270 50 feet to a point;
7-20 35. THENCE North 83 deg. 23 min. 44 see. East, a distance
7-21 of 316 62 feet to a point;
7-22 36. THENCE North 12 deg. 16 min. 44 sec East, a distance of
7-23 65 48 feet to a point;
7-24 37. THENCE South 77 deg. 43 min. 16 sec. East a distance of
7-25 281.14 feet to a 1/2 inch iron rod found on the west right-of-way
7-26 line of said Burlington Northern and Santa Fe Railroad;
8-1 38. THENCE South 19 deg. 00 min. 34 sec West, with the west
8-2 right-of-way line of said Burlington Northern and Santa Fe
8-3 Railroad, a distance of 96614 feet to a point;
8-4 39. THENCE North 06 deg. 36 min. 16 sec West, -a distance
8-5 of 174 73 feet to a point;
8-6 40. THENCE South 89 deg. 53 min. 53 sec West, a distance of
8-7 5 19 feet to a point;
8-8 41. THENCE North 06 deg. 36 min. 16 sec West, a distance of
8-9 586 41 feet to a point;
8-10 42. THENCE South 83 deg. 23 min. 44 sec. West- a distance
8-11 of 325 50 feet to a point;
8-12 43. THENCE South 06 deg. 36 min. 16 sec East, a distance of
8-13 549 31 feet to a point;
8-14 44. THENCE South 89 deg. 53 min 53 sec West, a distance of
8-15 8.56 feet to a point;
8-16 45. THENCE South 06 deg. 36 min 16 sec East, a distance of
8-17 272 91 feet to a point in the centerline of said Cotton Gin Road;
8-18 46. THENCE South 89 deg. 53 min. 53 sec. West, with the
8-19 centerline of said Cotton in Road, a distance of 56.36 feet to a
8-20 point;
8-21 47. THENCE North 06 deg. 36 min. 16 sec. West, a distance
8-22 of 265.87 feet to a point;
8-23 48. THENCE South 83 deg. 23 min. 44 sec. West, a distance
8-24 of 8.50 feet to a point;
8-25 49. THENCE North 06 deg. 36 min. 16 sec. West, a distance
8-26 of 549.00 feet to a point;
9-1 50. THENCE South 83 den:. 23 min. 44 sec. West, a distance
9-2 of 147.00 feet to a point;
9-3 51. THENCE North 06 deg. 36 min. 16 sec. West, a distance
9-4 of 48.50 feet to a point;
9-5 52. THENCE North 83 deg. 23 min. 44 sec. East a distance of
9-6 9.50 feet to a point;
9-7 53. THENCE North 06 deg. 36 min. 16 sec. West, a distance
9-8 of 41.50 feet to a point;
9-9 54. THENCE South 83 deg. 23 min. 44 sec. West, a distance
9-10 of 7.00 feet to a point;
9-11 55. THENCE North 06 deg. 36 min. 16 sec. West, a distance
9-12 of 319.00 feet to a point;
9-13 56. THENCE South 83 deg. 23 min. 44 sec. West, distance of
9-14 1216.51 feet to a point;
9-15 57. THENCE South 06 deg. 36 min. 16 sec. East, a distance
9-16 of 1067.78 feet to a point in the centerline of said Cotton Gin
9-17 Road;
9-18 58. THENCE South 89 deg. 54 min. 01 sec. West, with the
9-19 centerline of said Cotton Gin Road a distance of 379.06 feet to the
9-20 POINT OF BEGINNING and containing 5,001,987 square feet or 114.8298
9-21 acres of land.
9-22 SAVE AND EXCEPT all tracts or parcels of land, rights-of-way,
9-23 facilities, and improvements owned by a utility.
9-24 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
9-25 boundaries and field notes of the district form a closure. If a
9-26 mistake is made in the field notes or in copying the field notes in
10-1 the legislative process, it does not affect the district's:
10-2 (1) organization, existence, or validity;
10-3 (2) right to issue any type of bond or other
10-4 obligation for the purposes for which the district is created or to
10-5 pay the principal of and interest on a bond;
10-6 (3) right to impose or collect assessments or taxes;
10-7 or
10-8 (4) legality or operation.
10-9 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
10-10 (a) All the land and other property included in the district will
10-11 be benefited by the improvements and services to be provided by the
10-12 district under powers conferred by Sections 52 and 52-a, Article
10-13 III, and Section 59, Article XVI, Texas Constitution, and other
10-14 powers granted under this subchapter, and the district is created
10-15 to serve a public use and benefit.
10-16 (b) The creation of the district is in the public interest
10-17 and is essential to:
10-18 (1) further the public purposes of the development and
10-19 diversification of the economy of the state; and
10-20 (2) eliminate unemployment and underemployment and
10-21 develop or expand transportation and commerce.
10-22 (c) The district will:
10-23 (1) promote the health, safety, and general welfare of
10-24 residents, employers, employees, visitors, consumers in the
10-25 district, and the general public;
10-26 (2) provide needed funding for the municipality's
11-1 central business area extension to the west to preserve, maintain,
11-2 and enhance the economic health and vitality of the area as a
11-3 community and business center and to provide a government center
11-4 for the municipality;
11-5 (3) further promote the health, safety, and general
11-6 welfare of residents, employers, employees, visitors, consumers in
11-7 the district, and the general public by providing, maintaining, and
11-8 operating attractive, safe, and convenient street and road
11-9 improvements and off-street parking facilities and necessary water,
11-10 sewer, and drainage facilities to serve the area within the
11-11 district; and
11-12 (4) further promote the health, safety, welfare, and
11-13 enjoyment of the public by providing pedestrian ways, parks, and
11-14 off-street parking and by landscaping and developing certain areas
11-15 in the district, which are necessary for the restoration,
11-16 preservation, and enhancement of scenic and aesthetic beauty.
11-17 (d) Pedestrian ways along or across a street, at grade or
11-18 above or below the surface, and street lighting, street
11-19 landscaping, and street art objects are parts of and necessary
11-20 components of a street and are considered to be a street or road
11-21 improvement.
11-22 (e) The district will not act as the agent or
11-23 instrumentality of any private interest, even though many private
11-24 interests will be benefited by the district, as will the general
11-25 public.
11-26 (f) Each improvement project or service authorized by this
12-1 subchapter is essential to carry out a public purpose and will
12-2 benefit all land and property in the district, the employees,
12-3 employers, and consumers of the district, and the general public.
12-4 Sec. 376.457. APPLICATION OF OTHER LAW. (a) Except as
12-5 otherwise provided by this subchapter:
12-6 (1) Chapter 375 applies to the district, its governing
12-7 body, and its employees; and
12-8 (2) the district has the rights and powers of a
12-9 district created under Chapter 375.
12-10 (b) If any provision of a law referenced in this subchapter
12-11 is in conflict with or is inconsistent with this subchapter, this
12-12 subchapter prevails. Any law referenced in this subchapter that is
12-13 not in conflict or inconsistent with this subchapter is adopted and
12-14 incorporated by reference.
12-15 Sec. 376.458. LIBERAL CONSTRUCTION OF SUBCHAPTER. This
12-16 subchapter shall be liberally construed in conformity with the
12-17 findings and purposes stated in this subchapter.
12-18 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
12-19 district is governed by a board of five appointed directors and
12-20 three members serving ex officio. The appointed members serve
12-21 staggered terms of four years, with two directors' terms expiring
12-22 July 1 of an odd-numbered year and three directors' terms expiring
12-23 July 1 of the following odd-numbered year.
12-24 (b) A position on the board shall not be construed to be a
12-25 civil office of emolument for any purpose, including a purpose
12-26 described in Section 40, Article XVI, Texas Constitution.
13-1 Sec. 376.460. APPOINTMENT OF DIRECTORS. (a) The governing
13-2 body of the municipality shall appoint successor directors who meet
13-3 the qualifications of Subchapter D, Chapter 375. The governing
13-4 body of the municipality shall appoint a director to fill a vacancy
13-5 on the board.
13-6 (b) Notwithstanding the common law doctrine of
13-7 incompatibility, members of the governing body of the municipality
13-8 may be appointed to the board. The term of a director who is also
13-9 a member of the governing body of the municipality shall expire
13-10 when the member's term on the governing body of the municipality
13-11 expires, provided that the person may be reappointed to the board
13-12 of directors to complete the unexpired term on the board.
13-13 (c) A person may not be appointed to the board if the
13-14 appointment of that person would result in fewer than three of the
13-15 directors residing in the municipality.
13-16 (d) District directors are public officials entitled to
13-17 governmental immunity for their official actions.
13-18 (e) The governing body of the municipality after notice and
13-19 hearing may remove a director for misconduct or failure to carry
13-20 out the director's duties on a petition by a majority of the
13-21 remaining directors.
13-22 Sec. 376.461. EX OFFICIO BOARD MEMBERS. (a) The following
13-23 persons shall serve ex officio as nonvoting directors:
13-24 (1) the manager of the municipality;
13-25 (2) the financial director of the municipality; and
13-26 (3) the planning director of the municipality.
14-1 (b) If any of the offices described in Subsection (a) are
14-2 renamed, changed, or abolished, the governing body of the
14-3 municipality may appoint another officer or employee of the
14-4 municipality that performs duties comparable to those performed by
14-5 the officer described in Subsection (a).
14-6 Sec. 376.462. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
14-7 (a) Except as provided by Section 376.461 or this section:
14-8 (1) a director may participate in all board votes and
14-9 decisions; and
14-10 (2) Chapter 171 governs conflicts of interest for
14-11 board members.
14-12 (b) Section 171.004 does not apply to the district. A
14-13 director who has a substantial interest in a business or charitable
14-14 entity that will receive a pecuniary benefit from a board action
14-15 shall file a one-time affidavit declaring the interest. An
14-16 additional affidavit is not required if the director's interest
14-17 changes. After the affidavit is filed with the board secretary,
14-18 the director may participate in a discussion or vote on that action
14-19 if:
14-20 (1) a majority of the directors have a similar
14-21 interest in the same entity;
14-22 (2) all other similar business or charitable entities
14-23 in the district will receive a similar pecuniary benefit; or
14-24 (3) the director is a property owner in the district.
14-25 (c) A director who is also an officer or employee of a
14-26 public entity may not participate in the discussion of or vote on a
15-1 matter regarding a contract with that same public entity.
15-2 (d) For purposes of this section, a director has a
15-3 substantial interest in a charitable entity in the same manner that
15-4 a person would have a substantial interest in a business entity
15-5 under Section 171.002.
15-6 Sec. 376.463. POWERS OF DISTRICT. (a) The district has all
15-7 of the powers necessary or required to accomplish the purposes for
15-8 which the district was created.
15-9 (b) The district may exercise the powers given to a
15-10 corporation created under Section 4B, Development Corporation Act
15-11 of 1979 (Article 5190.6, Vernon's Texas Civil Statutes).
15-12 (c) The district may exercise the powers given to a housing
15-13 finance corporation created under Chapter 394 to provide housing or
15-14 residential development projects in the district.
15-15 (d) The district may impose an ad valorem tax, assessment,
15-16 or impact fee in accordance with Chapter 375 on all property in the
15-17 district, including industrial, commercial, or residential
15-18 property, and may impose an assessment on municipal property in the
15-19 district to finance or provide improvements and services for a
15-20 project or activity this subchapter authorizes the district to
15-21 construct, acquire, improve, or provide or to make payments under a
15-22 contract. A contract for which the payments are secured wholly or
15-23 partly from ad valorem taxes may not be executed unless the
15-24 imposition of the ad valorem taxes to secure the payment of the
15-25 contract is approved by a majority, or a larger percentage if
15-26 constitutionally required, of the qualified voters in the district
16-1 voting at an election held for that purpose.
16-2 (e) The district may correct, add to, or delete assessments
16-3 from its assessment rolls and collect assessments after such
16-4 corrections, additions, or deletions after notice and hearing as
16-5 provided by Subchapter F, Chapter 375.
16-6 (f) All or any part of the area of the district is eligible,
16-7 notwithstanding other statutory criteria, to be included in a tax
16-8 increment reinvestment zone created by the municipality under
16-9 Chapter 311, Tax Code, or included in a tax abatement reinvestment
16-10 zone created by the municipality under Chapter 312, Tax Code. All
16-11 or any part of the district is also eligible to be included in an
16-12 enterprise zone established by the municipality under Chapter 2303,
16-13 Government Code.
16-14 Sec. 376.464. AGREEMENTS. (a) The district may make an
16-15 agreement with or accept a donation, grant, or loan from any
16-16 person.
16-17 (b) A municipality, county, or other political subdivision
16-18 of the state, without further authorization, may contract with the
16-19 district for the acquisition, construction, improvement,
16-20 implementation, maintenance, and operation of a project of the
16-21 district or for providing the services authorized under this
16-22 subchapter. A contract under this subsection may:
16-23 (1) be for a period and include terms on which the
16-24 parties agree;
16-25 (2) be payable from taxes or any other source of
16-26 revenue that may be available for such purpose; and
17-1 (3) provide that taxes or other revenues collected at
17-2 a district project or from a person using or purchasing a commodity
17-3 or service at a district project may be paid or rebated to the
17-4 district under the terms of the contract.
17-5 (c) The implementation of a project is a governmental
17-6 function or service for the purposes of Chapter 791, Government
17-7 Code.
17-8 (d) To protect the public interest, the district may
17-9 contract with the municipality for the municipality to provide law
17-10 enforcement services in the district for a fee.
17-11 Sec. 376.465. NONPROFIT CORPORATION. (a) The board by
17-12 resolution may authorize the creation of a nonprofit corporation to
17-13 assist and act on behalf of the district in implementing a project
17-14 or providing a service authorized by this subchapter.
17-15 (b) The board shall appoint the board of directors of a
17-16 nonprofit corporation created under this section. The board of
17-17 directors of the nonprofit corporation shall serve in the same
17-18 manner, term, and conditions as a board of directors of a local
17-19 government corporation created under Chapter 431, Transportation
17-20 Code.
17-21 (c) A nonprofit corporation created under this section has
17-22 the powers of and is considered for purposes of this subchapter to
17-23 be a local government corporation created under Chapter 431,
17-24 Transportation Code.
17-25 (d) A nonprofit corporation created under this section may
17-26 implement any project and provide any service authorized by this
18-1 subchapter.
18-2 Sec. 376.466. ANNEXATION. The district may:
18-3 (1) annex territory as provided by Subchapter C,
18-4 Chapter 375; and
18-5 (2) annex territory located inside the boundaries of a
18-6 reinvestment zone created by the municipality under Chapter 311,
18-7 Tax Code, if the governing body of the municipality consents to the
18-8 annexation.
18-9 Sec. 376.467. PETITION REQUIRED FOR FINANCING SERVICES AND
18-10 IMPROVEMENTS. The board may not finance a service or improvement
18-11 project under this subchapter unless a written petition requesting
18-12 the improvement or service has been filed with the board. The
18-13 petition must be signed by:
18-14 (1) the owners of a majority of the assessed value of
18-15 real property in the district as determined by the most recent
18-16 certified county property tax rolls; or
18-17 (2) at least 25 persons who own land in the district,
18-18 if there are more than 25 persons who own property in the district
18-19 as determined by the most recent certified county property tax
18-20 rolls.
18-21 Sec. 376.468. AUTHORIZATION OF MAINTENANCE TAX. (a) In
18-22 addition to the elections the district must hold under Subchapter
18-23 L, Chapter 375, the district shall hold an election in the manner
18-24 provided by that subchapter to obtain voter approval before the
18-25 district imposes a maintenance tax or issues bonds payable from ad
18-26 valorem taxes or assessments.
19-1 (b) The board may include more than one purpose in a single
19-2 proposition at an election.
19-3 (c) If the district obtains the written consent of 100
19-4 percent of the property owners in the district to impose a
19-5 maintenance tax or issue bonds payable from ad valorem taxes or
19-6 assessments, the district is exempt from the election requirement
19-7 under Subsection (a) and may cancel an election called under
19-8 Subsection (a).
19-9 Sec. 376.469. MAINTENANCE TAX. (a) If authorized in
19-10 accordance with Section 376.468, the district may impose and
19-11 collect an annual ad valorem tax on taxable property in the
19-12 district for the maintenance and operation of the district and the
19-13 improvements constructed or acquired by the district or for the
19-14 provision of services.
19-15 (b) The board shall determine the tax rate.
19-16 Sec. 376.470. ASSESSMENTS. (a) The board may impose and
19-17 collect an assessment for any purpose authorized by this
19-18 subchapter.
19-19 (b) The district may impose assessments against any
19-20 municipal property in the district. Payment of assessments by
19-21 other exempt jurisdictions must be established by contract.
19-22 (c) The board may apportion the cost of an improvement
19-23 project or services to be assessed against property in the district
19-24 on all property in the district according to a finding of the board
19-25 that the improvement project or services benefit all of the
19-26 property in the district.
20-1 (d) The board may include two or more types of improvements
20-2 and services in one assessment proceeding. The board may conduct
20-3 separate assessment proceedings as the district undertakes
20-4 improvement projects or the provision of services.
20-5 (e) The board may adjust annual assessments for services in
20-6 accordance with an annual budget the board adopts for the provision
20-7 of those services. An annual adjustment may not exceed the annual
20-8 amount set forth in the original assessment proceedings except
20-9 after public notice and hearing on the increase.
20-10 Sec. 376.471. ASSESSMENT LIEN. (a) Assessments, including
20-11 assessments resulting from an addition to or correction of the
20-12 assessment roll by the district, reassessments, penalties and
20-13 interest on an assessment or reassessment, expenses of collection,
20-14 and reasonable attorney's fees incurred by the district:
20-15 (1) are a first and prior lien against the property
20-16 assessed;
20-17 (2) are superior to any other lien or claim other than
20-18 a lien or claim for county, school district, or municipal ad
20-19 valorem taxes; and
20-20 (3) are the personal liability of and charge against
20-21 the owners of the property even if the owners are not named in the
20-22 assessment proceedings.
20-23 (b) A lien under this section is effective from the date of
20-24 the resolution of the board imposing the assessment until the
20-25 assessment is paid. The board may enforce the lien in the same
20-26 manner that the board may enforce an ad valorem tax lien against
21-1 real property.
21-2 Sec. 376.472. UTILITIES. The district may not impose an
21-3 assessment or impact fee on a utility's property.
21-4 Sec. 376.473. MUNICIPAL APPROVAL. (a) Except as provided
21-5 by Subsection (b), the district must obtain from the municipality's
21-6 governing body approval of:
21-7 (1) the issuance of bonds for an improvement project;
21-8 and
21-9 (2) the plans and specifications of an improvement
21-10 project financed by the bonds.
21-11 (b) If the district obtains approval from the municipality's
21-12 governing body of a capital improvements budget for a period not to
21-13 exceed five years, the district may finance the capital
21-14 improvements and issue bonds specified in the budget without
21-15 further approval from the municipality.
21-16 (c) The district must obtain approval from the
21-17 municipality's governing body of the plans and specifications of
21-18 any district improvement project related to the use of land owned
21-19 by the municipality, an easement granted by the municipality, or a
21-20 right-of-way of a street, road, or highway.
21-21 (d) Except as provided by Section 375.263, a municipality is
21-22 not obligated to pay any bonds, notes, or other obligations of the
21-23 district.
21-24 Sec. 376.474. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
21-25 board by resolution shall establish the number of directors'
21-26 signatures and the procedure required for a disbursement or
22-1 transfer of the district's money.
22-2 Sec. 376.475. COMPETITIVE BIDDING LIMIT. Section 375.221
22-3 does not apply to the district unless the contract is for more than
22-4 $25,000.
22-5 Sec. 376.476. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
22-6 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
22-7 that has debt. If the vote is in favor of dissolution, the
22-8 district shall remain in existence solely for the limited purpose
22-9 of discharging its debts. The dissolution is effective when all
22-10 debts have been discharged.
22-11 (b) Section 375.264 does not apply to the district.
22-12 SECTION 2. The legislature finds that:
22-13 (1) proper and legal notice of the intention to
22-14 introduce this Act, setting forth the general substance of this
22-15 Act, has been published as provided by law, and the notice and a
22-16 copy of this Act have been furnished to all persons, agencies,
22-17 officials, or entities to which they are required to be furnished
22-18 by the constitution and laws of this state, including the governor,
22-19 who has submitted the notice and Act to the Texas Natural Resource
22-20 Conservation Commission;
22-21 (2) the Texas Natural Resource Conservation Commission
22-22 has filed its recommendations relating to this Act with the
22-23 governor, lieutenant governor, and speaker of the house of
22-24 representatives within the required time;
22-25 (3) the general law relating to consent by political
22-26 subdivisions to the creation of districts with conservation,
23-1 reclamation, and road powers and the inclusion of land in those
23-2 districts has been complied with; and
23-3 (4) all requirements of the constitution and laws of
23-4 this state and the rules and procedures of the legislature with
23-5 respect to the notice, introduction, and passage of this Act have
23-6 been fulfilled and accomplished.
23-7 SECTION 3. (a) The initial board of directors of the Frisco
23-8 Square Management District consists of:
23-9 Position No. 1. Kathleen A. Seei
23-10 2. Maher Maso
23-11 3. E. Michael Simpson
23-12 4. Joseph Cole McDowell, Jr.
23-13 5. Brenda N. McDonald
23-14 (b) With respect to the initial board members, the members
23-15 appointed for positions one through three serve until July 1, 2003,
23-16 and the members appointed for positions four and five serve until
23-17 July 1, 2005.
23-18 SECTION 4. This Act takes effect immediately if it receives
23-19 a vote of two-thirds of all the members elected to each house, as
23-20 provided by Section 39, Article III, Texas Constitution. If this
23-21 Act does not receive the vote necessary for immediate effect, this
23-22 Act takes effect September 1, 2001.