By: Sparks S.B. No. 2154

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the West Plains Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter ____ to read as follows:

CHAPTER . WEST PLAINS MUNICIPAL MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. .0001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Amarillo.

(3) "Director" means a board member.

(4) "District" means the West Plains Municipal Management District No. 1.

(5) "Rail facilities" includes all real and personal property owned or held by the district for railroad purposes, including land, interests in land, structures, easements, rail lines, stations, platforms, rolling stock, garages, equipment, and other facilities necessary or convenient for the operation of those facilities.

Sec. .0002. NATURE OF DISTRICT. The West Plains Municipal Management District No. 1 is a special district created under Section 59, Article XVI, Texas Constitution.

Sec. .0003. PURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.

(b) By creating the district and in the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

(c) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.

(d) This chapter and the creation of the district may not be interpreted to relieve the city from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant city services provided in the district.

Sec. .0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.

(b) The district is created to serve a public use and benefit.

(c) The creation of the district is in the public interest and is essential to further the public purposes of:

(1) developing and diversifying the economy of the state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;

(2) provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty; and

(4) provide for water, wastewater, drainage, road, rail and recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.

(f) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.

Sec. .0005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. .0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:

(1) a tax increment reinvestment zone created under Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under Chapter 312, Tax Code.

Sec. .0007. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.

Sec. .0008. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. .0051. GOVERNING BODY; TERMS.(a) The district is governed by a board of five elected directors who serve staggered terms of four years.

(b) Directors are elected in the manner provided by Subchapter D, Chapter 49, Water Code.

Sec. .052. COMPENSATION; EXPENSES. (a) The district may compensate each director in an amount not to exceed $150 for each board meeting. The total amount of compensation for each director in one year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.

Sec. .0053. INITIAL DIRECTORS. (a) The initial board consists of the following directors:

Pos. No. Name of Director

1 Casey Cameron

2 Monte Cluck

3 Cassandra Fish

4 Dean Hanish

5 Dan Mercer

(b) Of the initial directors, the terms of directors appointed for positions one through three expire June 1, 2021, and the terms of directors appointed for positions four and five expire June 1, 2023.

SUBCHAPTER C. POWERS AND DUTIES

Sec. .0101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. .0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The district, using any money available to the district for the purpose, may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code.

(b) The district may contract with a governmental or private entity to carry out an action under Subsection (a).

(c) The implementation of a district project or service is a governmental function or service for the purposes of Chapter 791, Government Code.

Sec. .0103. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local government corporation created under Subchapter D, Chapter 431, Transportation Code; and

(2) may implement any project and provide any service authorized by this chapter.

(c) The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district.

Sec. .0104. LAW ENFORCEMENT SERVICES. To protect the public interest, the district may contract with a qualified party, including the city, to provide law enforcement services in the district for a fee.

Sec. .0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.

Sec. .0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district may engage in activities that accomplish the economic development purposes of the district.

(b) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(c) The district may create economic development programs and exercise the economic development powers provided to municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. .0107. PARKING FACILITIES. (a) The district may acquire, lease as lessor or lessee, construct, develop, own, operate, and maintain parking facilities or a system of parking facilities, including lots, garages, parking terminals, or other structures or accommodations for parking motor vehicles off the streets and related appurtenances.

(b) The district's parking facilities serve the public purposes of the district and are owned, used, and held for a public purpose even if leased or operated by a private entity for a term of years.

(c) The district's parking facilities are parts of and necessary components of a street and are considered to be a street or road improvement.

(d) The development and operation of the district's parking facilities may be considered an economic development program.

Sec. .0108. ADDING OR EXCLUDING LAND. The district may add or exclude land in the manner provided by Subchapter J, Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. .0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of district money.

Sec. .0110. RAIL FACILITIES. The district may construct, acquire, improve, maintain, finance, and operate rail facilities and improvements for freight or other rail purposes.

Sec. .0111. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec. .0151. PETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by the owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for the county.

Sec. .0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.

(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:

(1) are a first and prior lien against the property assessed;

(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.

(c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec. .0201. TAX ELECTION REQUIRED. The district must hold an election in the manner provided by Chapter 49, Water Code, or, if applicable, Chapter 375, Local Government Code, to obtain voter approval before the district may impose an ad valorem tax.

(b) Section 375.243, Local Government Code, does not apply to this section.

Sec. .0202. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election under Section .0201, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by Section 49.107, Water Code, for any district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance tax rate. The rate may not exceed the rate approved at the election.

Sec. .0203. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms determined by the board.

(b) The district may issue bonds, notes, or other obligations payable wholly or partly from ad valorem taxes, assessments, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources of money, to pay for any authorized district purpose.

(c) The limitation on the outstanding principal amount of bonds, notes, or other obligations provided by Section 49.4645, Water Code, does not apply to the district.

Sec. .0204. BONDS SECURED BY REVENUE OR CONTRACT PAYMENTS. The district may issue, without an election, bonds secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments, provided that the requirements of Section 49.108, Water Code, have been met;

(3) other contract revenues

Sec. .0205. BONDS SECURED BY AD VALOREM TAXES; ELECTIONS. (a) If authorized at an election under Section .0201, the district may issue bonds payable from ad valorem taxes.

(b) At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

(c) All or any part of any facilities or improvements that may be acquired by a district by the issuance of its bonds may be submitted as a single proposition or as several propositions to be voted on at the election.

Sec. .0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The board may not issue bonds until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

(b) This section applies only to the district's first issuance of bonds payable from ad valorem taxes.

SUBCHAPTER Z. DISSOLUTION

Sec. .0901. DISSOLUTION. (a) Except as limited by Section 375.264, Local Government Code, the board shall dissolve the district on written petition filed with the board by the owners of:

(1) 66 percent or more of the assessed value subject to assessment by the district of the property in the district based on the most recent certified county property tax rolls; or

(2) 66 percent or more of the surface area of the district, excluding roads, streets, highways, utility rights-of-way, other public areas, and other property exempt from assessment by the district according to the most recent certified county property tax rolls.

(b) The district may not be dissolved if the district:

(1) has any outstanding bonded or other indebtedness until that bonded or other indebtedness has been repair or defeased in accordance with the order or resolution authorizing the issuance of the bonded or other indebtedness;

(2) has a contractual obligation to pay money until that obligation has been fully paid in accordance with the contract; or

(3) owns, operates, or maintains public works, facilities, or improvements unless the district has contracted with another party for the ownership and operation or maintenance of the public works, facilities, or improvements.

(c) Section 375.262, Local Government Code, does not apply to the district.

SECTION 2. The West Plains Municipal Management District No. 1 initially includes all territory contained in the following areas:

(a) A 621.87 acre tract of land out of Sections 30 and 31, Block 2, A. B. & M. Survey, Potter County, Texas, and more particularly described as follows:

BEGINNING at a Gresham Aluminum Cap found on the east right-of-way line of Spur 228 same being the southwest corner of said Section 30 for a corner of this tract.

THENCE N. 00° 11' 35" E., along said east right-of-way line, a distance of 4161.54 feet to a/2" iron rod with a yellow cap inscribed "RPLS 4263" (such type cap and rod hereafter referred to as an OJD Cap) set on said east right-of-way line for the most westerly northwest corner of this tract.

THENCE N. 87° 28' 24" E., continuing along said right-of-way line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an angle corner of this tract. THENCE N. 40° 07' 53" E., along said right-of-way line, a distance of 116.08 feet to TxDot Brass Cap Monument found on the south right-of-way line of Interstate Highway No. 40 for the most northerly northwest corner of this tract.

THENCE N. 80° 18' 54" E., along said south right-of-way line, a distance of 286.20 feet to a Gresham Aluminum Cap found on said south right-of-way line for an angle corner of this tract.

THENCE N. 80° 18' 37" E., continuing along said south right-of-way line, a distance of 300.34 feet to a Gresham Aluminum Cap found on said south right-of-way line for an angle corner of this tract.

THENCE N. 69° 11' 51" E., continuing along said south right-of-way line, a distance of 102.08 feet to a Gresham Aluminum Cap found on said south right-of-way line for an angle corner of this tract.

THENCE N. 80° 26' 43" E., continuing along said south right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum Cap found on said south right-of-way line same being the beginning of a curve to the right for a corner of this tract.

THENCE in a northeasterly direction along said curve to the right and said south right-of-way line with a radius equal to 5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long chord distance of 338.73 feet, a curve distance of 338.78 feet to a Gresham Aluminum Cap found at the end of said curve to the right same being on said south right-of-way line for a corner of this tract.

THENCE S. 83° 50' 20" E., continuing along said south right-of-way line, a distance of 99.24 feet to a Gresham Aluminum Cap found at the beginning of a curve to the right for an angle corner of this tract.

THENCE in a northeasterly direction along said curve to the right and said south right-of-way line with a radius equal to 5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long chord distance of 409.59 feet, a curve distance of 409.68 feet to a Gresham Aluminum Cap found on said curve to the right same being on said south right-of-way line for the most northerly northeast corner of this tract.

THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a Gresham Aluminum Cap found for an ell corner of this tract.

THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham Aluminum Cap found on the west right-of-way line of F.M. Highway No. 1912 for the most easterly northeast corner of this tract.

THENCE S. 00° 17' 55" W., along said west right-of-way line, a distance of 2296.12 feet to a Gresham Aluminum Cap found on said west right-of-way line for an angle corner of this tract.

THENCE S. 00° 30' 16" E., continuing along said west right-of-way line, a distance of 249.29 feet to a Gresham Aluminum Cap found on said west right-of-way line for an ell corner of this tract.

THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham Aluminum Cap found for an ell corner of this tract.

THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a Gresham Aluminum Cap found for an ell corner of this tract.

THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham Aluminum Cap found on said west right-of-way line for an ell corner of this tract.

THENCE S. 01° 23' 32" W., along said west right-of-way line, a distance of 222.12 feet to a Gresham Aluminum Cap found at the intersection of said west right-of-way line and the northerly right-of-way line of B. S. N. F. Railroad the southeast corner of this tract.

THENCE N. 80° 33' 44" W., along said northerly right-of-way line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on said east right-of-way line of said Spur 228 for the southwest corner of this tract.

THENCE N. 00° 11' 35" E., along said east right-of-way line, a distance of 536.60 feet to the place of BEGINNING and containing 621.87 acres of land.

(b) An 11.30 acre± tract of land in Section 37, Block 2, A.B. & M. Survey, Potter County, Texas and being all of a 6.3 acre and a 5.00 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 20200PR0012200 of the Official Public Records of Potter County, Texas. Said 11.30 acre± tract of land having been surveyed on the ground by Furman Land Surveyors, Inc. on March 28, 2022 and being more particularly described by metes and bounds as follows:

COMMENCING at a 2 inch iron pipe found as called for at the Northeast corner of said Section 37, Block 2, A.B. & M. Survey, Potter County, Texas;

THENCE South 00° 04' 30" West (base line) along the East line of said Section 37, a distance of 2782.61 feet to a point, from whence a 2 inch iron pipe found as called for at the Southeast corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet;

THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron rod found as called for in the West monumented right-of-way line of Spur 228 (Volume 826, Page 117), same point being the most Easterly Northeast corner of a 365.69 acre tract of land as described in that certain instrument of conveyance recorded in Volume 3753, Page 786 of the Official Public Records of Potter County, Texas and also being the Southeast corner of the herein described tract of land, from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found as called for at the Southeast corner of said 365.69 acre tract of land bears South 00° 04' 35" West, 3018.41 feet;

THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron rod found as called for, same point being an interior jog corner of said 365.69 acre tract of land and alsot being the Southwest corner of this tract of land;

THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron rod found as called for at the Southwest corner of a 4.92 acre tract of land as described in that certain instrument of conveyance recorded under Clerk's File No. 1302993 of the Official Public Records of Potter County, Texas, same point being the Northwest corner of this tract of land;

THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron rod found in the West monumented right-of-way line of said Spur 228 at the Southeast corner of said 4.92 acre tract of land, same point being the Northeast corner of this tract of land;

THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF BEGINNING and containing a computed area of 11.30 acres of land, more or less.

(c) A 365.72 acre tract of land out of Sections 36 and 37, Block 2, R. B. & M. Survey, Potter County,

BEGINNING at an RPLS 5437 Cap found at the intersection of the west right-of-way line of Spur 228 and the northerly right-of-way line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from a Gresham Aluminum Cap found at the southeast corner of said Section 37 for the southeast corner of this tract.

THENCE N. 80° 33 36" W., along said northerly right-of-way at 3247.33 feet pass an RPLS 5437 Cap found, a total distance of 5272.06 feet to an RPLS 5437 Cap found at the intersection said northerly right-of-way line and said east right-of-way line of Parsley Road for the southwest corner of this tract.

THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller Cap found for an ell corner of this tract.

THENCE N. 00° 14' 24" E., along said east right-of-way line, a distance of 734.90 feet to an RPLS 5437 Cap found at the intersection of said east right-of-way line and the southerly right-of-way line of Interstate Highway No. 40 for the northwest corner of this tract.

THENCE N. 44° 26' 23" E., along said southerly right-of-way line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found on said southerly right-of-way line same being at the beginning of a curve to the right for a corner of this tract.

THENCE in a northeasterly direction along said curve to the right and said northerly right-of-way line with a radius equal to 2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long chord distance of 1677.93 feet, a curve distance of 1705.86 feet to a TxDot Brass Cap Monument found at the end of said curve to the right same being on said northerly right-of-way line for a corner of this tract.

THENCE N. 80° 27' 32" E., continuing along said northerly right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap Monument found for an angle corner of this tract.

THENCE S. 88° 11' 57" E., along said northerly right-of-way line, a distance of 101.95 feet to a TxDot Brass Cap Monument found for an angle corner of this tract.

THENCE N. 80° 24' 46" E., along said northerly right-of-way line, a distance of 174.69 feet to a Keys Cap found for the most northerly northeast corner of this tract.

THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys Cap found for an ell corner of this tract.

THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman Cap found for an ell corner of this tract.

THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS 5437 Cap found for an ell corner of this tract.

THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2" iron rod found on the west right-of-way line of Spur 228 for the most easterly northeast corner of this tract.

THENCE S. 00° 12 04" W., along said west right-of-way line, a distance of 3018.76 feet to the place of BEGINNING and containing 365.72 acres of land.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.