By Shapiro S.B. No. 1782
77R6175 ATP-F
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
2-1 municipality from the obligations each entity has to provide
2-2 services to that area. The district is created to supplement and
2-3 not supplant the municipal services provided in the area in the
2-4 district.
2-5 (c) By creating the district and in authorizing the
2-6 municipality, county, and other political subdivisions to contract
2-7 with the district, the legislature has established a program to
2-8 accomplish the public purposes set out in Section 52-a, Article
2-9 III, Texas Constitution.
2-10 Sec. 376.453. DEFINITIONS. In this subchapter:
2-11 (1) "Board" means the board of directors of the
2-12 district.
2-13 (2) "County" means Collin County.
2-14 (3) "District" means the Frisco Square Management
2-15 District.
2-16 (4) "Municipality" means the City of Frisco.
2-17 (5) "Utility" means a person that provides gas,
2-18 electricity, telephone, sewage, or water service to the public.
2-19 Sec. 376.454. BOUNDARIES. The district includes all the
2-20 territory contained within the following described area:
2-21 BEING a 114.8298 acre tract of land situated in the W.B. Watkins
2-22 Survey, Abstract No 1004, the Lewis H. McNeil Survey, Abstract No.
2-23 618 and the Clayton Rogers Survey, Abstract No 1089, all in the
2-24 City of Frisco, Collin County, Texas and being described more
2-25 particularly by metes and bounds as follows:
2-26 BEGINNING at a 1/2 inch iron rod found for the intersection of the
2-27 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:
3-27 5. THENCE northerly, 20 feet parallel with said west
4-1 right- of-way line of the Dallas North Tollway and said curve,
4-2 through an arc distance of 485 46 feet to the end of said curve at
4-3 a point of tangency;
4-4 6. THENCE North 00 deg. 02 min. 33 sec. East, 20 feet
4-5 .parallel with said west right-of-way line, a distance of 607.59
4-6 feet to the beginning of a tangent curve to the left having a
4-7 central angle of 4 deg. 26 min. 55 sec., a radius of 2694 79 feet,
4-8 a chord which bears North 2 deg. 10 min. 55 sec. West, and a chord
4-9 distance of 209 17 feet;
4-10 7. THENCE northerly, 20 feet parallel with the west
4-11 right-of-way line of said Dallas North Tollway and said curve,
4-12 through an arc distance of 209 22 feet to the end of said curve;
4-13 8. THENCE North 89 deg. 53 min. 53 sec. East at a distance
4-14 of 20 03 feet passing the west right-of-way of said Dallas North
4-15 Tollway, and at a distance of 320 78 feet passing the east
4-16 right-of-way line of said Dallas North Tollway, and continuing, in
4-17 all, a distance of 601.01 feet to a point;
4-18 9. THENCE North 41 deg. 38 min. 52 sec. East, a distance
4-19 of 33 30 feet to a point;
4-20 10. THENCE North 6 deg. 36 min. 16 sec. West, a distance of
4-21 974 41 feet to a point
4-22 11. THENCE South 83 deg. 23 min. 44 sec West, .-a distance
4-23 of 270 00 feet to a .point,
4-24 12. THENCE South 38 deg. 23 min. 44 sec. West, a distance
4-25 of 28.28 feet to a point
4-26 13. THENCE South 83 deg. 23 min. 44 sec. West, a distance
4-27 of 10.00 feet to a point on the east right-of-way line of said
5-1 Dallas North Tollway;
5-2 14. THENCE North 06 deg. 36 min. 16 sec. West with the east
5-3 right-of-way line of said Dallas North Tollway, a distance of
5-4 1606.36 feet to the intersection of the east right-of-way line of
5-5 said Dallas North Tollway with the, proposed north right-of-way
5-6 line of Farm to Market Road 720 (F.M.720, variable width R. O. W.);
5-7 THENCE with the proposed north right-of-way line of said F M 720,
5-8 the folio-wing, metes and bounds:
5-9 15. South 48 deg. 08 min. 26 sec. East, a distance of 37 43
5-10 feet to a point;
5-11 16. South 89 deg. 40 min. 36 sec. East, a distance of 20.66
5-12 feet to a points said point being on a tangent curve to the left
5-13 having a central angle of 4 deg. 11 min 37 sec, radius of 2430.00
5-14 feet, a chord which bears North 88 deg. 13 min 36 sec. East, and a
5-15 distance of 177.82 feet;
5-16 17. Easterly, with said curve, through an arc distance of
5-17 177.86 feet to the end of said curve;
5-18 18. South 86 deg. 13 min. 33 sec. East, a distance of 97.72
5-19 feet to a point;
5-20 19. North 86 deg. 07 min. 47 sec. East, a distance of
5-21 1548.06 feet to a point;
5-22 20. South 20 deg. 38 min. 35 sec. East, a distance of 10.44
5-23 feet to a point;,
5-24 21. North 86 deg. 07 min. 47 sec. East, a distance of 28.75
5-25 feet to a point, said point being on a tangent curve to the left
5-26 having a central angle of 10 deg. 51 min. 32 sec., a radius of
5-27 2722.02 feet, a chord which bears South 88 deg. 26 min. 27 sec.
6-1 East, and a chord distance of 515.11 feet;
6-2 22. Easterly, with said curve,. through an arc distance of
6-3 515.88 feet to a point;
6-4 23. South 78 deg. 05 min. 56 sec. East, a distance of
6-5 555.37 feet to a point;
6-6 24. THENCE leaving the proposed north right-of-way line of
6-7 said F.M. 720, South 11 deg. 54 min. 04 sec. West, a distance of
6-8 80.00 feet to a point;
6-9 25. THENCE South 12 deg;. 16 min. 44 sec. West, a distance
6-10 of 81.56 feet to a point;
6-11 26. THENCE South 77 deg. 53 min. 30 sec. East, a distance
6-12 of 61.81 feet to a point;
6-13 27. THENCE South 78 deg. 08 min. 24 sec. East, a distance
6-14 of 138.19 feet to a point on the west right-of-way line of the
6-15 Burlington Northern and Santa Fe Railroad;
6-16 28. THENCE South 12 deg. 16 min. 44 sec. West, with the
6-17 west right-of-way line of said Burlington Northern and Santa Fe
6-18 Railroad, a distance of 210.00 feet to the intersection of the west
6-19 right-of-way line of said Burlington Northern and Santa Fe Railroad
6-20 with the north right-of-way line of Main Street (80 feet R.O.W.);
6-21 29. THENCE South 12 deb. 13 min. 18 sec. West, with the
6-22 west right-of-way line of said Burlington Northern and Santa Fe
6-23 Railroad, a distance of 80.52 feet to the intersection of the west
6-24 right-of-way line of said Burlington Northern and Santa Fe Railroad
6-25 with the south right-of-way line of said Main Street;
6-26 30. THENCE South 12 deg. 51 min. 45 sec. West, with the
6-27 west right-of-way line of said Burlington Northern and Santa Fe
7-1 Railroad, a distance of 359.59 feet to the intersection of the west
7-2 right-of-way line of said Burlington Northern and Santa Fe Railroad
7-3 with the south right-of-way line of Elm Street (60 feet R.O.W.);
7-4 31. THENCE North 77 deg. 42 min. 06 see. West with said
7-5 south right-of-way line of Elm Street a distance of 296.41 feet to
7-6 the intersection of the south right-of-way line of said Elm Street
7-7 with the east right-of-way line of John W Elliot Drive (60 feet
7-8 R.O.W.);
7-9 32. THENCE South 12 deg. 16 min. 44 sec West, with the east
7-10 right-of-way line of said John W. Elliot Drive, a distance of
7-11 479.77 feet to a .point;
7-12 33. THENCE South 83 deg. 23 min. 44 sec. West, a distance
7-13 of 472.56 feet to a point;
7-14 34. THENCE South 06 deg. 36 min. 16 sec East, a distance of
7-15 270 50 feet to a point;
7-16 35. THENCE North 83 deg. 23 min. 44 see. East, a distance
7-17 of 316 62 feet to a point;
7-18 36. THENCE North 12 deg. 16 min. 44 sec East, a distance of
7-19 65 48 feet to a point;
7-20 37. THENCE South 77 deg. 43 min. 16 sec. East a distance of
7-21 281.14 feet to a 1/2 inch iron rod found on the west right-of-way
7-22 line of said Burlington Northern and Santa Fe Railroad;
7-23 38. THENCE South 19 deg. 00 min. 34 sec West, with the west
7-24 right-of-way line of said Burlington Northern and Santa Fe
7-25 Railroad, a distance of 96614 feet to a point;
7-26 39. THENCE North 06 deg. 36 min. 16 sec West, -a distance
7-27 of 174 73 feet to a point;
8-1 40. THENCE South 89 deg. 53 min. 53 sec West, a distance of
8-2 5 19 feet to a point;
8-3 41. THENCE North 06 deg. 36 min. 16 sec West, a distance of
8-4 586 41 feet to a point;
8-5 42. THENCE South 83 deg. 23 min. 44 sec. West- a distance
8-6 of 325 50 feet to a point;
8-7 43. THENCE South 06 deg. 36 min. 16 sec East, a distance of
8-8 549 31 feet to a point;
8-9 44. THENCE South 89 deg. 53 min 53 sec West, a distance of
8-10 8.56 feet to a point;
8-11 45. THENCE South 06 deg. 36 min 16 sec East, a distance of
8-12 272 91 feet to a point in the centerline of said Cotton Gin Road;
8-13 46. THENCE South 89 deg. 53 min. 53 sec. West, with the
8-14 centerline of said Cotton in Road, a distance of 56.36 feet to a
8-15 point;
8-16 47. THENCE North 06 deg. 36 min. 16 sec. West, a distance
8-17 of 265.87 feet to a point;
8-18 48. THENCE South 83 deg. 23 min. 44 sec. West, a distance
8-19 of 8.50 feet to a point;
8-20 49. THENCE North 06 deg. 36 min. 16 sec. West, a distance
8-21 of 549.00 feet to a point;
8-22 50. THENCE South 83 den:. 23 min. 44 sec. West, a distance
8-23 of 147.00 feet to a point;
8-24 51. THENCE North 06 deg. 36 min. 16 sec. West, a distance
8-25 of 48.50 feet to a point;
8-26 52. THENCE North 83 deg. 23 min. 44 sec. East a distance of
8-27 9.50 feet to a point;
9-1 53. THENCE North 06 deg. 36 min. 16 sec. West, a distance
9-2 of 41.50 feet to a point;
9-3 54. THENCE South 83 deg. 23 min. 44 sec. West, a distance
9-4 of 7.00 feet to a point;
9-5 55. THENCE North 06 deg. 36 min. 16 sec. West, a distance
9-6 of 319.00 feet to a point;
9-7 56. THENCE South 83 deg. 23 min. 44 sec. West, distance of
9-8 1216.51 feet to a point;
9-9 57. THENCE South 06 deg. 36 min. 16 sec. East, a distance
9-10 of 1067.78 feet to a point in the centerline of said Cotton Gin
9-11 Road;
9-12 58. THENCE South 89 deg. 54 min. 01 sec. West, with the
9-13 centerline of said Cotton Gin Road a distance of 379.06 feet to the
9-14 POINT OF BEGINNING and containing 5,001,987 square feet or 114.8298
9-15 acres of land.
9-16 SAVE AND EXCEPT all tracts or parcels of land, rights-of-way,
9-17 facilities, and improvements owned by a utility.
9-18 Sec. 376.455. FINDINGS RELATING TO BOUNDARIES. The
9-19 boundaries and field notes of the district form a closure. If a
9-20 mistake is made in the field notes or in copying the field notes in
9-21 the legislative process, it does not affect the district's:
9-22 (1) organization, existence, or validity;
9-23 (2) right to issue any type of bond or other
9-24 obligation for the purposes for which the district is created or to
9-25 pay the principal of and interest on a bond;
9-26 (3) right to impose or collect assessments or taxes;
9-27 or
10-1 (4) legality or operation.
10-2 Sec. 376.456. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
10-3 All the land and other property included in the district will be
10-4 benefited by the improvements and services to be provided by the
10-5 district under powers conferred by Sections 52 and 52-a, Article
10-6 III, and Section 59, Article XVI, Texas Constitution, and other
10-7 powers granted under this subchapter, and the district is created
10-8 to serve a public use and benefit.
10-9 (b) The creation of the district is in the public interest
10-10 and is essential to:
10-11 (1) further the public purposes of the development and
10-12 diversification of the economy of the state; and
10-13 (2) eliminate unemployment and underemployment and
10-14 develop or expand transportation and commerce.
10-15 (c) The district will:
10-16 (1) promote the health, safety, and general welfare of
10-17 residents, employers, employees, visitors, consumers in the
10-18 district, and the general public;
10-19 (2) provide needed funding for the municipality's
10-20 central business area extension to the west to preserve, maintain,
10-21 and enhance the economic health and vitality of the area as a
10-22 community and business center and to provide a government center
10-23 for the municipality;
10-24 (3) further promote the health, safety, and general
10-25 welfare of residents, employers, employees, visitors, consumers in
10-26 the district, and the general public by providing, maintaining, and
10-27 operating attractive, safe, and convenient street and road
11-1 improvements and off-street parking facilities and necessary water,
11-2 sewer, and drainage facilities to serve the area within the
11-3 district; and
11-4 (4) further promote the health, safety, welfare, and
11-5 enjoyment of the public by providing pedestrian ways, parks, and
11-6 off-street parking and by landscaping and developing certain areas
11-7 in the district, which are necessary for the restoration,
11-8 preservation, and enhancement of scenic and aesthetic beauty.
11-9 (d) Pedestrian ways along or across a street, at grade or
11-10 above or below the surface, and street lighting, street
11-11 landscaping, and street art objects are parts of and necessary
11-12 components of a street and are considered to be a street or road
11-13 improvement.
11-14 (e) The district will not act as the agent or
11-15 instrumentality of any private interest even though many private
11-16 interests will be benefited by the district, as will the general
11-17 public.
11-18 (f) Each improvement project or service authorized by this
11-19 subchapter is essential to carry out a public purpose and will
11-20 benefit all land and property in the district, and the employees,
11-21 employers, and consumers of the district and the general public.
11-22 Sec. 376.457. APPLICATION OF OTHER LAW. (a) Except as
11-23 otherwise provided by this subchapter:
11-24 (1) Chapter 375 applies to the district, its governing
11-25 body, and its employees; and
11-26 (2) the district has the rights and powers of a
11-27 district created under Chapter 375.
12-1 (b) If any provision of a law referenced in this subchapter
12-2 is in conflict with or is inconsistent with this subchapter, this
12-3 subchapter prevails. Any law referenced in this subchapter that is
12-4 not in conflict or inconsistent with this subchapter is adopted and
12-5 incorporated by reference.
12-6 Sec. 376.458. LIBERAL CONSTRUCTION OF SUBCHAPTER. This
12-7 subchapter shall be liberally construed in conformity with the
12-8 findings and purposes stated in this subchapter.
12-9 Sec. 376.459. BOARD OF DIRECTORS IN GENERAL. (a) The
12-10 district is governed by a board of five appointed directors and
12-11 three members serving ex officio. The appointed members serve
12-12 staggered terms of four years, with two directors' terms expiring
12-13 July 1 of an odd-numbered year and three directors' terms expiring
12-14 July 1 of the following odd-numbered year.
12-15 (b) A position on the board shall not be construed to be a
12-16 civil office of emolument for any purpose, including a purpose
12-17 described in Section 40, Article XVI, Texas Constitution.
12-18 Sec. 376.460. APPOINTMENT OF DIRECTORS. (a) The governing
12-19 body of the municipality shall appoint successor directors who meet
12-20 qualifications of Subchapter D of Chapter 375. The governing body
12-21 of the municipality shall appoint a director to fill a vacancy on
12-22 the board.
12-23 (b) Notwithstanding the common law doctrine of
12-24 incompatibility, members of the governing body of the municipality
12-25 may be appointed to the board. The term of a director who is also
12-26 a member of the governing body of the municipality shall expire
12-27 when the member's term on the governing body of the municipality
13-1 expires provided that the person may be reappointed to the board of
13-2 directors to complete the unexpired term on the board.
13-3 (c) A person may not be appointed to the board if the
13-4 appointment of that person would result in fewer than three of the
13-5 directors residing in the municipality.
13-6 (d) District directors are public officials entitled to
13-7 governmental immunity for their official actions.
13-8 (e) The governing body of the municipality after notice and
13-9 hearing may remove a director for misconduct or failure to carry
13-10 out the director's duties on a petition by a majority of the
13-11 remaining directors.
13-12 Sec. 376.461. EX OFFICIO BOARD MEMBERS. (a) The following
13-13 persons shall serve ex officio as nonvoting directors:
13-14 (1) the manager of the municipality;
13-15 (2) the financial director of the municipality; and
13-16 (3) the planning director of the municipality.
13-17 (b) If any of the offices described in Subsection (a) are
13-18 renamed, changed, or abolished, the governing body of the
13-19 municipality may appoint another officer or employee of the
13-20 municipality that performs duties comparable to those performed by
13-21 the officer described in Subsection (a).
13-22 Sec. 376.462. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a)
13-23 Except as provided by Section 376.461 or this section:
13-24 (1) a director may participate in all board votes and
13-25 decisions; and
13-26 (2) Chapter 171 governs conflicts of interest for
13-27 board members.
14-1 (b) Section 171.004 does not apply to the district. A
14-2 director who has a substantial interest in a business or charitable
14-3 entity that will receive a pecuniary benefit from a board action
14-4 shall file a one-time affidavit declaring the interest. An
14-5 additional affidavit is not required if the director's interest
14-6 changes. After the affidavit is filed with the board secretary,
14-7 the director may participate in a discussion or vote on that action
14-8 if:
14-9 (1) a majority of the directors have a similar
14-10 interest in the same entity;
14-11 (2) all other similar business or charitable entities
14-12 in the district will receive a similar pecuniary benefit; or
14-13 (3) the director is a property owner in the district.
14-14 (c) A director who is also an officer or employee of a
14-15 public entity may not participate in the discussion of or vote on a
14-16 matter regarding a contract with that same public entity.
14-17 (d) For purposes of this section, a director has a
14-18 substantial interest in a charitable entity in the same manner that
14-19 a person would have a substantial interest in a business entity
14-20 under Section 171.002.
14-21 Sec. 376.463. POWERS OF DISTRICT. (a) The district has all
14-22 of the powers necessary or required to accomplish the purposes for
14-23 which the district was created.
14-24 (b) The district may exercise the powers given to a
14-25 corporation created under Section 4B, Development Corporation Act
14-26 of 1979 (Article 5190.6, Vernon's Texas Civil Statutes).
14-27 (c) The district may exercise the powers given to a housing
15-1 finance corporation created under Chapter 394 to provide housing or
15-2 residential development projects in the district.
15-3 (d) The district may impose an ad valorem tax, assessment,
15-4 or impact fee in accordance with Chapter 375 on all property in the
15-5 district, including industrial, commercial, or residential
15-6 property, and may impose an assessment on municipal property in the
15-7 district to finance or provide improvements and services for a
15-8 project or activity this subchapter authorizes the district to
15-9 construct, acquire, improve or provide, or to make payments under a
15-10 contract. A contract for which the payments are secured wholly or
15-11 partly from ad valorem taxes may not be executed unless the
15-12 imposition of the ad valorem taxes to secure the payment of the
15-13 contract is approved by a majority, or a larger percentage if
15-14 constitutionally required, of the qualified voters in the district
15-15 voting at an election held for that purpose.
15-16 (e) The district may correct, add to, or delete assessments
15-17 from its assessment rolls and collect assessments after such
15-18 corrections, additions, or deletions after notice and hearing as
15-19 provided by Subchapter F, Chapter 375.
15-20 (f) All or any part of the area of the district is eligible,
15-21 notwithstanding other statutory criteria, to be included in a tax
15-22 increment reinvestment zone created by the municipality under
15-23 Chapter 311, Tax Code, or included in a tax abatement reinvestment
15-24 zone created by the municipality under Chapter 312, Tax Code. All
15-25 or any part of the district is also eligible to be included in an
15-26 enterprise zone established by the municipality under Chapter 2303,
15-27 Government Code.
16-1 Sec. 376.464. AGREEMENTS. (a) The district may make an
16-2 agreement with or accept a donation, grant, or loan from any
16-3 person.
16-4 (b) A municipality, county, or other political subdivision
16-5 of the state, without further authorization, may contract with the
16-6 district for the acquisition, construction, improvement,
16-7 implementation, maintenance, and operation of a project of the
16-8 district or for providing the services authorized under this
16-9 subchapter. A contract under this subsection may:
16-10 (1) be for a period and include terms on which the
16-11 parties agree;
16-12 (2) be payable from taxes or any other source of
16-13 revenue that may be available for such purpose; and
16-14 (3) provide that taxes or other revenues collected at
16-15 a district project or from a person using or purchasing a commodity
16-16 or service at a district project may be paid or rebated to the
16-17 district under the terms of the contract.
16-18 (c) The implementation of a project is a governmental
16-19 function or service for the purposes of Chapter 791, Government
16-20 Code.
16-21 (d) To protect the public interest, the district may
16-22 contract with the municipality for the municipality to provide law
16-23 enforcement services in the district for a fee.
16-24 Sec. 376.465. NONPROFIT CORPORATION. (a) The board by
16-25 resolution may authorize the creation of a nonprofit corporation to
16-26 assist and act on behalf of the district in implementing a project
16-27 or providing a service authorized by this subchapter.
17-1 (b) The board shall appoint the board of directors of a
17-2 nonprofit corporation created under this section. The board of
17-3 directors of the nonprofit corporation shall serve in the same
17-4 manner, term, and conditions as a board of directors of a local
17-5 government corporation created under Chapter 431, Transportation
17-6 Code.
17-7 (c) A nonprofit corporation created under this section has
17-8 the powers of and is considered for purposes of this subchapter to
17-9 be a local government corporation created under Chapter 431,
17-10 Transportation Code.
17-11 (d) A nonprofit corporation created under this section may
17-12 implement any project and provide any service authorized by this
17-13 subchapter.
17-14 Sec. 376.466. ANNEXATION. The district may:
17-15 (1) annex territory as provided by Subchapter C,
17-16 Chapter 375; and
17-17 (2) annex territory located inside the boundaries of a
17-18 reinvestment zone created by the municipality under Chapter 311,
17-19 Tax Code, if the governing body of the municipality consents to the
17-20 annexation.
17-21 Sec. 376.467. PETITION REQUIRED FOR FINANCING SERVICES AND
17-22 IMPROVEMENTS. The board may not finance a service or improvement
17-23 project under this subchapter unless a written petition requesting
17-24 the improvement or service has been filed with the board. The
17-25 petition must be signed by:
17-26 (1) the owners of a majority of the assessed value of
17-27 real property in the district as determined by the most recent
18-1 certified county property tax rolls; or
18-2 (2) at least 25 persons who own land in the district,
18-3 if there are more than 25 persons who own property in the district
18-4 as determined by the most recent certified county property tax
18-5 rolls.
18-6 Sec. 376.468. AUTHORIZATION OF MAINTENANCE TAX. (a) In
18-7 addition to the elections the district must hold under Subchapter
18-8 L, Chapter 375, the district shall hold an election in the manner
18-9 provided by that subchapter to obtain voter approval before the
18-10 district imposes a maintenance tax or issues bonds payable from ad
18-11 valorem taxes or assessments.
18-12 (b) The board may include more than one purpose in a single
18-13 proposition at an election.
18-14 (c) If the district obtains the written consent of 100
18-15 percent of the property owners in the district to impose a
18-16 maintenance tax or issue bonds payable from ad valorem taxes or
18-17 assessments, the district is exempt from the election requirement
18-18 under Subsection (a), and may cancel an election called under
18-19 Subsection (a).
18-20 Sec. 376.469. MAINTENANCE TAX. (a) If authorized in
18-21 accordance with Section 376.468, the district may impose and
18-22 collect an annual ad valorem tax on taxable property in the
18-23 district for the maintenance and operation of the district and the
18-24 improvements constructed or acquired by the district or for the
18-25 provision of services.
18-26 (b) The board shall determine the tax rate.
18-27 Sec. 376.470. ASSESSMENTS. (a) The board may impose and
19-1 collect an assessment for any purpose authorized by this
19-2 subchapter.
19-3 (b) The district may impose assessments against any
19-4 municipal property in the district. Payment of assessments by other
19-5 exempt jurisdictions must be established by contract.
19-6 (c) The board may apportion the cost of an improvement
19-7 project or services to be assessed against property in the district
19-8 on all property in the district according to a finding of the board
19-9 that the improvement project or services benefit all of the
19-10 property in the district.
19-11 (d) The board may include two or more types of improvements
19-12 and services in one assessment proceeding. The board may conduct
19-13 separate assessment proceedings as the district undertakes
19-14 improvement projects or the provision of services.
19-15 (e) The board may adjust annual assessments for services in
19-16 accordance with an annual budget the board adopts for the provision
19-17 of those services. An annual adjustment may not exceed the annual
19-18 amount set forth in the original assessment proceedings except
19-19 after public notice and hearing on the increase.
19-20 Sec. 376.471. ASSESSMENT LIEN. (a) Assessments, including
19-21 assessments resulting from an addition to or correction of the
19-22 assessment roll by the district, reassessments, penalties and
19-23 interest on an assessment or reassessment, expenses of collection,
19-24 and reasonable attorney's fees incurred by the district:
19-25 (1) are a first and prior lien against the property
19-26 assessed;
19-27 (2) are superior to any other lien or claim other than
20-1 a lien or claim for county, school district, or municipal ad
20-2 valorem taxes; and
20-3 (3) are the personal liability of and charge against
20-4 the owners of the property even if the owners are not named in the
20-5 assessment proceedings.
20-6 (b) A lien under this section is effective from the date of
20-7 the resolution of the board imposing the assessment until the
20-8 assessment is paid. The board may enforce the lien in the same
20-9 manner that the board may enforce an ad valorem tax lien against
20-10 real property.
20-11 Sec. 376.472. UTILITIES. The district may not impose an
20-12 assessment or impact fee on a utility's property.
20-13 Sec. 376.473. MUNICIPAL APPROVAL. (a) Except as provided by
20-14 Subsection (b), the district must obtain from the municipality's
20-15 governing body approval of:
20-16 (1) the issuance of bonds for an improvement project;
20-17 and
20-18 (2) the plans and specifications of an improvement
20-19 project financed by the bonds.
20-20 (b) If the district obtains approval from the municipality's
20-21 governing body of a capital improvements budget for a period not to
20-22 exceed five years, the district may finance the capital
20-23 improvements and issue bonds specified in the budget without
20-24 further approval from the municipality.
20-25 (c) The district must obtain approval from the
20-26 municipality's governing body of the plans and specifications of
20-27 any district improvement project related to the use of land owned
21-1 by the municipality, an easement granted by the municipality, or a
21-2 right-of-way of a street, road, or highway.
21-3 (d) Except as provided by Section 375.263, a municipality is
21-4 not obligated to pay any bonds, notes, or other obligations of the
21-5 district.
21-6 Sec. 376.474. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
21-7 by resolution shall establish the number of directors' signatures
21-8 and the procedure required for a disbursement or transfer of the
21-9 district's money.
21-10 Sec. 376.475. COMPETITIVE BIDDING LIMIT. Section 375.221
21-11 does not apply to the district unless the contract is for more than
21-12 $25,000.
21-13 Sec. 376.476. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
21-14 OUTSTANDING DEBTS. (a) The board may vote to dissolve a district
21-15 that has debt. If the vote is in favor of dissolution, the district
21-16 shall remain in existence solely for the limited purpose of
21-17 discharging its debts. The dissolution is effective when all debts
21-18 have been discharged.
21-19 (b) Section 375.264 does not apply to the district.
21-20 SECTION 2. The legislature finds that:
21-21 (1) proper and legal notice of the intention to
21-22 introduce this Act, setting forth the general substance of this
21-23 Act, has been published as provided by law, and the notice and a
21-24 copy of this Act have been furnished to all persons, agencies,
21-25 officials, or entities to which they are required to be furnished
21-26 by the constitution and laws of this state, including the governor,
21-27 who has submitted the notice and Act to the Texas Natural Resource
22-1 Conservation Commission;
22-2 (2) the Texas Natural Resource Conservation Commission
22-3 has filed its recommendations relating to this Act with the
22-4 governor, lieutenant governor, and speaker of the house of
22-5 representatives within the required time;
22-6 (3) the general law relating to consent by political
22-7 subdivisions to the creation of districts with conservation,
22-8 reclamation, and road powers and the inclusion of land in those
22-9 districts has been complied with; and
22-10 (4) all requirements of the constitution and laws of
22-11 this state and the rules and procedures of the legislature with
22-12 respect to the notice, introduction, and passage of this Act have
22-13 been fulfilled and accomplished.
22-14 SECTION 3. (a) The initial board of directors of the Frisco
22-15 Square Management District consists of:
22-16 Position No. 1. Kathleen A. Seei
22-17 2. Maher Maso
22-18 3. E. Michael Simpson
22-19 4. Joseph Cole McDowell, Jr.
22-20 5. Brenda N. McDonald
22-21 (b) With respect to the initial board members, the members
22-22 appointed for positions one through three serve until July 1, 2003,
22-23 and the members appointed for positions four and five serve until
22-24 July 1, 2005.
22-25 SECTION 4. This Act takes effect September 1, 2001.