Bill Text: TX HB4290 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Stadium Park Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB4290 Detail]
Download: Texas-2017-HB4290-Introduced.html
Bill Title: Relating to the creation of the Stadium Park Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB4290 Detail]
Download: Texas-2017-HB4290-Introduced.html
| 85R14123 JXC-F | ||
| By: Thierry | H.B. No. 4290 | |
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| relating to the creation of the Stadium Park Management District; | ||||||
| providing authority to issue bonds; providing authority to impose | ||||||
| assessments, fees, or 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 3950 to read as follows: | ||||||
| CHAPTER 3950. STADIUM PARK MANAGEMENT DISTRICT | ||||||
| SUBCHAPTER A. GENERAL PROVISIONS | ||||||
| Sec. 3950.001. DEFINITIONS. In this chapter: | ||||||
| (1) "Board" means the district's board of directors. | ||||||
| (2) "City" means the City of Houston. | ||||||
| (3) "County" means Harris County. | ||||||
| (4) "Director" means a board member. | ||||||
| (5) "District" means the Stadium Park Management | ||||||
| District. | ||||||
| Sec. 3950.002. CREATION AND NATURE OF DISTRICT. The | ||||||
| district is a special district created under Section 59, Article | ||||||
| XVI, Texas Constitution. | ||||||
| Sec. 3950.003. PURPOSE; LEGISLATIVE FINDINGS. (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. By creating the district and in authorizing 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. | ||||||
| (b) 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. | ||||||
| (c) The district is created to supplement and not to | ||||||
| supplant county services provided in the district. | ||||||
| Sec. 3950.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||||||
| The district is created to serve a public use and benefit. | ||||||
| (b) 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. | ||||||
| (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; | ||||||
| (3) developing or expanding transportation and | ||||||
| commerce; and | ||||||
| (4) providing quality residential housing. | ||||||
| (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 residential community and business | ||||||
| center; and | ||||||
| (3) promote the health, safety, welfare, and enjoyment | ||||||
| of the public by providing pedestrian ways and by landscaping, | ||||||
| removing graffiti from, and developing certain areas in the | ||||||
| district, which are necessary for the restoration, preservation, | ||||||
| and enhancement of scenic beauty. | ||||||
| (e) Pedestrian ways along or across a street, whether at | ||||||
| grade or above or below the surface, and street lighting, street | ||||||
| landscaping, vehicle parking, and street art objects are parts of | ||||||
| and necessary components of a street and are considered to be an | ||||||
| improvement project that includes 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. 3950.005. 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 bond for the purposes | ||||||
| for which the district is created or to pay the principal of and | ||||||
| interest on a bond; | ||||||
| (3) right to impose or collect an assessment or tax; or | ||||||
| (4) legality or operation. | ||||||
| Sec. 3950.006. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
| DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
| Chapter 375, Local Government Code, applies to the district. | ||||||
| Sec. 3950.007. 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. 3950.051. GOVERNING BODY; TERMS. (a) The district is | ||||||
| governed by a board of nine voting directors who must be qualified | ||||||
| under and appointed by the governing body of the city as provided by | ||||||
| Subchapter D, Chapter 375, Local Government Code. | ||||||
| (b) The directors serve staggered terms of four years with | ||||||
| four or five directors' terms expiring June 1 of each odd-numbered | ||||||
| year. | ||||||
| Sec. 3950.052. DIRECTOR'S OATH OR AFFIRMATION. (a) A | ||||||
| director shall file the director's oath or affirmation of office | ||||||
| with the district, and the district shall retain the oath or | ||||||
| affirmation in the district records. | ||||||
| (b) A director shall file a copy of the director's oath or | ||||||
| affirmation with the clerk of the county. | ||||||
| Sec. 3950.053. QUORUM. A vacant director position is not | ||||||
| counted for purposes of establishing a quorum. | ||||||
| Sec. 3950.054. OFFICERS. The board shall elect from among | ||||||
| the directors a chair, a vice chair, and a secretary. The offices | ||||||
| of chair and secretary may not be held by the same person. | ||||||
| Sec. 3950.055. COMPENSATION; EXPENSES. (a) The district | ||||||
| may compensate each director in an amount not to exceed $50 for each | ||||||
| board meeting. The total amount of compensation a director may | ||||||
| receive each year may not exceed $2,000. | ||||||
| (b) A director is entitled to reimbursement for necessary | ||||||
| and reasonable expenses incurred in carrying out the duties and | ||||||
| responsibilities of the board. | ||||||
| Sec. 3950.056. LIABILITY INSURANCE. The district may obtain | ||||||
| and pay for comprehensive general liability insurance coverage from | ||||||
| a commercial insurance company or other source that protects and | ||||||
| insures a director against personal liability and from all claims | ||||||
| relating to: | ||||||
| (1) actions taken by the director in the director's | ||||||
| capacity as a member of the board; | ||||||
| (2) actions and activities taken by the district; or | ||||||
| (3) the actions of others acting on behalf of the | ||||||
| district. | ||||||
| Sec. 3950.057. NO EXECUTIVE COMMITTEE. The board may not | ||||||
| create an executive committee to exercise the powers of the board. | ||||||
| Sec. 3950.058. BOARD MEETINGS. The board shall hold | ||||||
| meetings at a place accessible to the public. | ||||||
| Sec. 3950.059. INITIAL DIRECTORS. (a) The initial board | ||||||
| consists of: | ||||||
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| (b) The terms of the initial directors expire June 1, 2019. | ||||||
| (c) Of the directors who replace an initial director, the | ||||||
| terms of directors serving in positions 1 through 5 expire June 1, | ||||||
| 2021, and the terms of directors serving in positions 6 through 9 | ||||||
| expire June 1, 2023. | ||||||
| (d) Section 375.063, Local Government Code, does not apply | ||||||
| to the initial directors named by Subsection (a). | ||||||
| (e) This section expires September 1, 2023. | ||||||
| SUBCHAPTER C. POWERS AND DUTIES | ||||||
| Sec. 3950.101. GENERAL POWERS AND DUTIES. The district has | ||||||
| the powers and duties necessary to accomplish the purposes for | ||||||
| which the district is created. | ||||||
| Sec. 3950.102. IMPROVEMENT PROJECTS AND SERVICES. The | ||||||
| district may provide, design, construct, acquire, improve, | ||||||
| relocate, operate, maintain, or finance an improvement project or | ||||||
| service using money available to the district, or contract with a | ||||||
| governmental or private entity to 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. | ||||||
| Sec. 3950.103. LOCATION OF IMPROVEMENT PROJECT. An | ||||||
| improvement project described by Section 3950.102 may be located: | ||||||
| (1) in the district; or | ||||||
| (2) in an area outside but adjacent to the district if | ||||||
| the project is for the purpose of extending a public infrastructure | ||||||
| improvement beyond the district's boundaries to a logical terminus. | ||||||
| Sec. 3950.104. DEVELOPMENT CORPORATION POWERS. The | ||||||
| district, using money available to the district, may exercise the | ||||||
| powers given to a development corporation under Chapter 505, Local | ||||||
| Government Code, including the power to own, operate, acquire, | ||||||
| construct, lease, improve, or maintain a project under that | ||||||
| chapter. | ||||||
| Sec. 3950.105. 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. 3950.106. AGREEMENTS; GRANTS. (a) As provided by | ||||||
| Chapter 375, Local Government Code, the district may make an | ||||||
| agreement with or accept a gift, grant, or loan from any person. | ||||||
| (b) The implementation of a project is a governmental | ||||||
| function or service for the purposes of Chapter 791, Government | ||||||
| Code. | ||||||
| Sec. 3950.107. LAW ENFORCEMENT SERVICES. To protect the | ||||||
| public interest, the district may contract with a qualified party, | ||||||
| including the county, to provide law enforcement services in the | ||||||
| district for a fee. | ||||||
| Sec. 3950.108. 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. 3950.109. ECONOMIC DEVELOPMENT. (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 that: | ||||||
| (1) Chapter 380, Local Government Code, provides to a | ||||||
| municipality; and | ||||||
| (2) Subchapter A, Chapter 1509, Government Code, | ||||||
| provides to a municipality. | ||||||
| Sec. 3950.110. DESIGNATION OF SPECIAL ZONES. (a) The | ||||||
| district may designate all or any part of the area of the district, | ||||||
| as if the district were a municipality, as: | ||||||
| (1) a tax increment reinvestment zone under Chapter | ||||||
| 311, Tax Code; | ||||||
| (2) a tax abatement reinvestment zone under Chapter | ||||||
| 312, Tax Code; or | ||||||
| (3) an industrial district under Chapter 42, Local | ||||||
| Government Code. | ||||||
| (b) Section 311.006(b), Tax Code, does not apply to a tax | ||||||
| increment reinvestment zone created by the district. | ||||||
| (c) The district may submit to the Texas Economic | ||||||
| Development Bank a request for designation of a project or activity | ||||||
| in the district as an enterprise project in the manner provided for | ||||||
| a municipality to submit a request under Chapter 2303, Government | ||||||
| Code. | ||||||
| (d) If the city creates a tax increment reinvestment zone | ||||||
| under Chapter 311, Tax Code, the city, by contract with the | ||||||
| district, may grant money deposited in the tax increment fund to the | ||||||
| district to be used by the district for the purposes permitted for | ||||||
| money granted to a corporation under Section 380.002(b), Local | ||||||
| Government Code, including the right to pledge the money as | ||||||
| security for any bonds issued by the district for an improvement | ||||||
| project. | ||||||
| Sec. 3950.111. CONCURRENCE ON ADDITIONAL POWERS. If the | ||||||
| territory of the district is located in the corporate boundaries or | ||||||
| the extraterritorial jurisdiction of a municipality, the district | ||||||
| may not exercise a power granted to the district after the date the | ||||||
| district was created unless the governing body of the municipality | ||||||
| by resolution consents to the district's exercise of the power. | ||||||
| Sec. 3950.112. NO EMINENT DOMAIN POWER. The district may | ||||||
| not exercise the power of eminent domain. | ||||||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||||||
| Sec. 3950.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||||
| board by resolution shall establish the number of signatures and | ||||||
| the procedure required for a disbursement or transfer of the | ||||||
| district's money. | ||||||
| Sec. 3950.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||||||
| The district may acquire, construct, finance, operate, or maintain | ||||||
| an improvement project or service authorized under this chapter or | ||||||
| Chapter 375, Local Government Code, using any money available to | ||||||
| the district. | ||||||
| Sec. 3950.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT | ||||||
| BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or | ||||||
| secure the payment or repayment of any bond, note, or other | ||||||
| temporary or permanent obligation or reimbursement or other | ||||||
| contract with any person and the costs and expenses of the | ||||||
| establishment, administration, and operation of the district and | ||||||
| the district's costs or share of the costs or revenue of an | ||||||
| improvement project or district contractual obligation or | ||||||
| indebtedness by: | ||||||
| (1) the imposition of an ad valorem tax or sales and | ||||||
| use tax or an assessment, user fee, concession fee, or rental | ||||||
| charge; or | ||||||
| (2) any other revenue or resources of the district, | ||||||
| including revenues from a tax increment reinvestment zone. | ||||||
| Sec. 3950.154. COSTS FOR IMPROVEMENT PROJECTS. The | ||||||
| district may undertake separately or jointly with other persons, | ||||||
| including the city or the county, all or part of the cost of an | ||||||
| improvement project, including an improvement project: | ||||||
| (1) for improving, enhancing, and supporting public | ||||||
| safety and security, fire protection and emergency medical | ||||||
| services, and law enforcement in or adjacent to the district; or | ||||||
| (2) that confers a general benefit on the entire | ||||||
| district or a special benefit on a definable part of the district. | ||||||
| Sec. 3950.155. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
| may designate reinvestment zones and may grant abatements of a tax | ||||||
| or assessment on property in the zones. | ||||||
| Sec. 3950.156. PROPERTY EXEMPT FROM IMPACT FEES. The | ||||||
| district may not impose an impact fee on a residential property, | ||||||
| including a multiunit residential property, or a condominium. | ||||||
| SUBCHAPTER E. ASSESSMENTS | ||||||
| Sec. 3950.201. 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) The petition 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. 3950.202. 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 that is not a residential property, including a multiunit | ||||||
| residential property, or a condominium. | ||||||
| (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. | ||||||
| Sec. 3950.203. METHOD OF NOTICE FOR HEARING. The district | ||||||
| may mail the notice required by Section 375.115(c), Local | ||||||
| Government Code, by certified or first class United States mail. | ||||||
| The board shall determine the method of notice. | ||||||
| SUBCHAPTER F. TAXES AND BONDS | ||||||
| Sec. 3950.251. TAX ABATEMENT. The district may enter into a | ||||||
| tax abatement agreement in accordance with the general laws of this | ||||||
| state authorizing and applicable to a tax abatement agreement by a | ||||||
| municipality. | ||||||
| Sec. 3950.252. PROPERTY TAX AUTHORIZED. (a) The district | ||||||
| may impose an ad valorem tax on all taxable property in the district | ||||||
| to: | ||||||
| (1) pay for an improvement project of the types | ||||||
| authorized by Section 52(b), Article III, and Section 59, Article | ||||||
| XVI, Texas Constitution; or | ||||||
| (2) secure the payment of bonds issued for a purpose | ||||||
| described by Subdivision (1). | ||||||
| (b) The district may not impose an ad valorem tax to pay for | ||||||
| an improvement project under this chapter unless the imposition is | ||||||
| approved by the voters of the district voting at an election held | ||||||
| for that purpose. | ||||||
| (c) The district may not impose an ad valorem tax on a | ||||||
| residential property, including a multiunit residential property | ||||||
| or a condominium. | ||||||
| Sec. 3950.253. SALES AND USE TAX. (a) The district may | ||||||
| impose a sales and use tax if authorized by a majority of the voters | ||||||
| of the district voting at an election called for that purpose. | ||||||
| Revenue from the tax may be used for any purpose for which ad | ||||||
| valorem tax revenue of the district may be used. | ||||||
| (b) The district may not adopt a sales and use tax if as a | ||||||
| result of the adoption of the tax the combined rate of all sales and | ||||||
| use taxes imposed by the district and other political subdivisions | ||||||
| of this state having territory in the district would exceed two | ||||||
| percent at any location in the district. | ||||||
| (c) If the voters of the district approve the adoption of | ||||||
| the tax at an election held on the same election date on which | ||||||
| another political subdivision adopts a sales and use tax or | ||||||
| approves an increase in the rate of its sales and use tax and as a | ||||||
| result the combined rate of all sales and use taxes imposed by the | ||||||
| district and other political subdivisions of this state having | ||||||
| territory in the district would exceed two percent at any location | ||||||
| in the district, the election to adopt a sales and use tax under | ||||||
| this chapter has no effect. | ||||||
| Sec. 3950.254. BONDS AND OTHER OBLIGATIONS. (a) The | ||||||
| district may issue, by public or private sale, bonds, notes, or | ||||||
| other obligations payable wholly or partly from ad valorem taxes, | ||||||
| sales and use taxes, or assessments in the manner provided by | ||||||
| Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local | ||||||
| Government Code. | ||||||
| (b) In exercising the district's borrowing power, the | ||||||
| district may issue a bond or other obligation in the form of a bond, | ||||||
| note, certificate of participation or other instrument evidencing a | ||||||
| proportionate interest in payments to be made by the district, or | ||||||
| other type of obligation. | ||||||
| (c) In addition to the sources of money described by | ||||||
| Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local | ||||||
| Government Code, district bonds may be secured and made payable | ||||||
| wholly or partly by a pledge of any part of the money the district | ||||||
| receives from improvement revenue or from any other source. | ||||||
| Sec. 3950.255. BOND MATURITY. Bonds may mature not more | ||||||
| than 40 years from their date of issue. | ||||||
| Sec. 3950.256. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||||||
| the time bonds or other obligations payable wholly or partly from ad | ||||||
| valorem taxes are issued: | ||||||
| (1) the board shall impose a continuing direct annual | ||||||
| ad valorem tax for each year that all or part of the bonds are | ||||||
| outstanding; and | ||||||
| (2) the district annually shall impose an ad valorem | ||||||
| tax on all taxable property in the district in an amount sufficient | ||||||
| to: | ||||||
| (A) pay the interest on the bonds or other | ||||||
| obligations as the interest becomes due; and | ||||||
| (B) create a sinking fund for the payment of the | ||||||
| principal of the bonds or other obligations when due or the | ||||||
| redemption price at any earlier required redemption date. | ||||||
| SUBCHAPTER G. DISSOLUTION | ||||||
| Sec. 3950.301. DISSOLUTION BY ORDINANCE. (a) A | ||||||
| municipality that includes territory of the district, in the | ||||||
| corporate boundaries or extraterritorial jurisdiction of the | ||||||
| municipality, by ordinance may dissolve the district. | ||||||
| (b) The municipality may not dissolve the district until the | ||||||
| district's outstanding debt or contractual obligations that are | ||||||
| payable from ad valorem taxes have been repaid or discharged, or the | ||||||
| municipality has affirmatively assumed the obligation to pay the | ||||||
| outstanding debt from municipal revenue. | ||||||
| Sec. 3950.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||||||
| (a) If the dissolved district has bonds or other obligations | ||||||
| outstanding secured by and payable from assessments or other | ||||||
| revenue, other than ad valorem taxes, the municipality that | ||||||
| dissolves the district shall succeed to the rights and obligations | ||||||
| of the district regarding enforcement and collection of the | ||||||
| assessments or other revenue. | ||||||
| (b) The municipality shall have and exercise all district | ||||||
| powers to enforce and collect the assessments or other revenue to | ||||||
| pay: | ||||||
| (1) the bonds or other obligations when due and | ||||||
| payable according to their terms; or | ||||||
| (2) special revenue or assessment bonds or other | ||||||
| obligations issued by the municipality to refund the outstanding | ||||||
| bonds or obligations. | ||||||
| Sec. 3950.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||||||
| If a municipality dissolves the district, the municipality assumes, | ||||||
| subject to the appropriation and availability of funds, the | ||||||
| obligations of the district, including any bonds or other debt | ||||||
| payable from assessments or other district revenue. | ||||||
| (b) If a municipality dissolves the district, the board | ||||||
| shall transfer ownership of all district property to the | ||||||
| municipality. | ||||||
| SECTION 2. The Stadium Park Management District initially | ||||||
| includes all the territory contained in the following area: | ||||||
| Being an area of +/- 1,234 acres (1.93 sq. miles) centered on | ||||||
| Kirby Dr. and IH 610 (S Loop W) with said area being more | ||||||
| particularly described by the following | ||||||
| Beginning at intersection of north right-of-way (ROW) of Old | ||||||
| Spanish Trail/US 90A Hwy. and east ROW of Greenbriar Dr.; | ||||||
| Then generally south along east ROW of Greenbriar Dr. across | ||||||
| the ROW of Fannin St. to east ROW of Fannin St. and northwest corner | ||||||
| of 3.2334 ac. parcel (RES A BLK 1 HOMESTEAD VILLAGE-ASTRODOME); | ||||||
| Then south along east ROW of Fannin St. and west boundary of | ||||||
| said 3.2334 ac. parcel to a point west of south boundary line of | ||||||
| said 3.2334 ac. parcel; | ||||||
| Then east along south boundary of said 3.2334 ac. parcel to | ||||||
| southeast corner of said parcel and southwest corner of 3.368 ac. | ||||||
| parcel (RES A BLK 1 ASTRODOME OAKS SEC 1 R/P PAR R/P); | ||||||
| Then north along west boundary of said 3.368 ac. parcel to | ||||||
| northwest corner of said parcel; | ||||||
| Then east along north boundary of said 3.368 ac. parcel to | ||||||
| northeast corner of said parcel; | ||||||
| Then south along east boundary of said 3.368 ac. parcel and | ||||||
| west ROW of Knight Rd. to a point east of north boundary of 28.7947 | ||||||
| ac. tract (TR 1 (BLDGS 1 THRU 25) & TR 1 (BLDGS 16 THRU 32) ASTRODOME | ||||||
| OAKS SEC 2 R/P ASTRODOME OAKS SEC 1 R/P); | ||||||
| Then generally west along north boundary of said 28.7947 ac. | ||||||
| tract to east ROW of Fannin St; | ||||||
| Then south along east ROW of Fannin St. and west boundary of | ||||||
| said 28.7947 ac. tract, across Holly Hall St., along west boundary | ||||||
| of 21.027 ac. tract (RES A BLK 1 HOLLY HALL HOME FOR THE RETIRED 3RD | ||||||
| R/P) to southwest corner of said 21.027 ac. tract; | ||||||
| Then east, south and east along south boundary of said 21.027 | ||||||
| ac. tract, across Knight Rd. to southeast corner of 0.2433 ac. | ||||||
| parcel (LTS 1 & 2 BLK 5 KNIGHTS MAIN STREET) and east ROW of Knight | ||||||
| Rd.; | ||||||
| Then south along east ROW of Knight Rd. across Englemohr | ||||||
| St. to northwest corner of 0.1217 ac. parcel (LT 3 BLK 37 KNIGHTS | ||||||
| MAIN STREET); | ||||||
| Then east along north boundary of said 0.1217 ac. parcel, | ||||||
| 0.1148 ac. parcel (LT 5 BLK 37 KNIGHTS MAIN STREET), 0.1217 ac. | ||||||
| parcel (LT 6 BLK 38 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS 4 & | ||||||
| 5 BLK 38 KNIGHTS MAIN STREET), 0.4798 ac. parcel (RES A BLK 1 KATIE | ||||||
| FEINGERSH ESTATES), 0.1217 ac. parcel (LT 3 BLK 40 KNIGHTS MAIN | ||||||
| STREET), across S. David St., 0.2433 ac. parcel (LTS 3 & 4 BLK 41 | ||||||
| KNIGHTS MAIN STREET), 0.1148 ac. parcel (LT 5 BLK 41 KNIGHTS MAIN | ||||||
| STREET), 0.1217 ac. parcel (LT 6 BLK 42 KNIGHTS MAIN STREET), 0.2433 | ||||||
| ac. parcel (LTS 4 & 5 BLK 42 KNIGHTS MAIN STREET), 0.1217 ac. parcel | ||||||
| (LT 4 BLK 43 KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 5 BLK 43 | ||||||
| KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 6 BLK 43 KNIGHTS MAIN | ||||||
| STREET), 0.1148 ac. parcel (LT 5 BLK 44 KNIGHTS MAIN STREET), 0.2433 | ||||||
| ac. parcel (LTS 3 & 4 BLK 44 KNIGHTS MAIN STREET) to northeast | ||||||
| corner of said 0.2433 ac. parcel and west ROW Cambridge St.; | ||||||
| Then north along west ROW of Cambridge St. to north ROW of | ||||||
| Holly Hall St; | ||||||
| Then east along north ROW of Holly Hall St. to centerline of | ||||||
| FM 521 Rd. (Almeda Rd.); | ||||||
| Then south by west along centerline of FM 521 Rd. (Almeda Rd.) | ||||||
| to north ROW of westbound feeder road IH 610 (S Loop W); | ||||||
| Then generally west along north ROW of westbound feeder road | ||||||
| IH 610 (S Loop W) to a point north of northeast corner of 14.01 ac. | ||||||
| tract (TR 1U ABST 874 J WALTERS); | ||||||
| Then south across ROW of IH 610 (S Loop W) and along east | ||||||
| boundary of said 14.01 ac. tract to southeast corner of said tract | ||||||
| and north boundary of 15.0459 ac. tract (TRS 2A-1 2B-2 & 2C-2 ABST | ||||||
| 874 J WALTERS); | ||||||
| Then east northeast along north boundary of said 15.0459 ac. | ||||||
| tract to northeast corner of said tract and west ROW of Knight Rd.; | ||||||
| Then east across ROW of Knight Rd. to east ROW of Knight Rd.; | ||||||
| Then south along east ROW of Knight Rd. to south ROW of Holmes | ||||||
| Rd.; | ||||||
| Then west southwest along south ROW of Holmes Rd. to a point | ||||||
| south of southwest corner of 12.5087 ac. parcel (RES A4 BLK 1 | ||||||
| CORPORATE CENTRE KIRBY); | ||||||
| Then north across ROW of Holmes Rd. along west boundary of | ||||||
| said 12.5087 ac. parcel, 9.766 ac. parcel (RES A2 BLK 1 CORPORATE | ||||||
| CENTRE KIRBY) to northwest corner of said 9.766 ac. parcel and south | ||||||
| boundary of 8 ac. parcel (TRS 3 THRU 10 IN TR 8 ABST 179 BBB&C RR | ||||||
| CO); | ||||||
| Then west along south boundary of said 8 ac. parcel, 1 ac. | ||||||
| tract (TR 1 IN TR 8 ABST 179 BBB&C RR CO) to southwest corner of said | ||||||
| 1 ac. tract and east boundary of 15.47 ac. parcel (RESERVE BLK 1 | ||||||
| MOORINGS APTS R/P); | ||||||
| Then north along east boundary of said 15.47 ac. parcel to | ||||||
| northeast corner of said parcel; | ||||||
| Then west along north boundary of said 15.47 ac. parcel, | ||||||
| across Lakes at 610 Dr. to west ROW of Lakes at 610 Dr.; | ||||||
| Then north along west ROW of Lakes at 610 Dr. to south ROW of | ||||||
| W. Bellfort Ave.; | ||||||
| Then generally west along south ROW of W. Bellfort Ave. to | ||||||
| west ROW of S. Main St.; | ||||||
| Then northeast by north along west ROW of S. Main St. to south | ||||||
| ROW of eastbound feeder road IH 610 (S Loop W); | ||||||
| Then northeast to intersection of ROW centerline of S. Main | ||||||
| St. and IH 610 (S Loop W); | ||||||
| Then northeast by north along ROW centerline of S. Main | ||||||
| St. to a point northwest by north of north corner of 1.3593 ac. | ||||||
| tract (TR 7H-1A ABST 645 P W ROSE) at south ROW of Braeswood Park | ||||||
| St.; | ||||||
| Then southeast by east across east ROW of S. Main St. and | ||||||
| along north boundary of said 1.3593 ac. tract to east corner of said | ||||||
| parcel; | ||||||
| Then southwest by south along east boundary of said 1.3593 | ||||||
| ac. tract to south corner of said tract and north boundary of 1.417 | ||||||
| ac. parcel (RES A BLK 1 RESIDENCE INN MEDICAL CENTER); | ||||||
| Then east northeast along north boundary of said 1.417 ac. | ||||||
| parcel to northeast corner of said parcel and west boundary of 5.566 | ||||||
| ac. parcel (RES C BLK 1 KIRBY OST ASSOCIATES); | ||||||
| Then generally south southeast along east boundary of said | ||||||
| 1.417 ac. tract and west boundary of said 5.566 ac. parcel to north | ||||||
| ROW of Old Spanish Trail/US 90A Hwy.; | ||||||
| Then east by north along north ROW of Old Spanish Trail/US 90A | ||||||
| Hwy. to east ROW of Greenbriar St and point of beginning of +/- | ||||||
| 1,234 ac. area. | ||||||
| Save and Except CITY PLAZA CONDO; | ||||||
| Save and Except PLAZA DEL ORO SEC 2 R/P RES A; | ||||||
| Save and Except PLAZA DEL ORO SEC 1 RES B5; | ||||||
| Save and Except KNIGHTS MAIN STREET LTS 1 3 & TR 2 BLK 9; | ||||||
| Save and Except NAOMI AVENUE PLACE LTS 1-12 BLK 1; | ||||||
| Save and Except KNIGHTS MAIN STREET LTS 1 THRU 5 BLK 12; | ||||||
| Save and Except SOUTH POINT BUSINESS PARK SEC 2 RES J; | ||||||
| Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D2; | ||||||
| Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D3; | ||||||
| Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES E; | ||||||
| Save and Except Harris County Improvement District No. 8; | ||||||
| Save and Except MIKE CALVERT TOYOTA RES A BLK 1; | ||||||
| Save and Except LAKES AT 610 SEC 1 RES E1; | ||||||
| Save and Except LAKES AT 610 SEC 1 RES A4-A A5-A A6 & A7; | ||||||
| Save and Except CENTRAL HOUSTON NISSAN RES A BLK 1; | ||||||
| Save and Except LAKES AT 610 SEC 2 RES A1-C; | ||||||
| Save and Except LAKES AT 610 SEC 3 RES A1; | ||||||
| Save and Except PARK LAKE APT BLDGS 1 THRU 29; | ||||||
| Save and Except ABST 887 J HAMILTON TR 31C; | ||||||
| Save and Except ABST 887 J HAMILTON TR 32; | ||||||
| Save and Except BUFFALO SPEEDWAY LTS 1-24 BLK 1; | ||||||
| Save and Except BUFFALO SPEEDWAY PERMANENT ACCESS ESMT; | ||||||
| Save and Except BUFFALO SPEEDWAY RES A BLK 1; | ||||||
| Save and Except BUFFALO SPEEDWAY RES B BLK 1; | ||||||
| Save and Except BUFFALO SPEEDWAY RES C BLK 1; | ||||||
| Save and Except MAIN MEDICAL PLAZA RES A BLK 1; | ||||||
| Save and Except SOUTH LOOP / SOUTH MAIN RES C1-A BLK 1; | ||||||
| Save and Except HEARTHWOOD CONDO SEC 1 BLDGS 1-19; | ||||||
| Save and Except ABST 645 P W ROSE TR 8; | ||||||
| Save and Except TRS 6 7 & 10 & TR 4B ABST 874 J WALTERS & TRS 6 | ||||||
| 7 & 10 ABST 887 J HAMILTON ABST 645 P W ROSE; | ||||||
| Save and Except HOWARD JOHNSON-ASTRODOME RES A BLK 1; | ||||||
| Save and Except ABST 645 P W ROSE TR 5 & TRS 5 & 8A ABST 887 J | ||||||
| HAMILTON; | ||||||
| Save and Except REINGERSH ESTATES RES A BLK 1; | ||||||
| Save and Except HEARTHWOOD BUSINESS PARK SEC 1 RES A; | ||||||
| Save and Except ABST 887 J HAMILTON TR 28; | ||||||
| Save and Except HEARTHWOOD 2 CONDO PH 1-6; | ||||||
| Save and Except ABST 887 J HAMILTON TR 1B-7; | ||||||
| Save and Except HEARTHWOOD BUSINESS PARK SEC 2 RES B1; | ||||||
| Save and Except ABST 887 J HAMILTON TR 1B-6; | ||||||
| Save and Except R & S PARK PT RES B BLK 1 (POLLUTION CONTROL) | ||||||
| (DETENTION POND); | ||||||
| Save and Except R & S PARK PT RES B BLK 1 (PC*1200210010003); | ||||||
| Save and Except ABST 887 J HAMILTON TR 28A; | ||||||
| Save and Except ABST 887 J HAMILTON TR 15A; | ||||||
| Save and Except RES A BLK 1 FANNIN AT THE LOOP; | ||||||
| Save and Except LTS 3-5 BLK 37 KNIGHTS MAIN STREET; | ||||||
| Save and Except LTS 4-6 BLK 38 KNIGHTS MAIN STREET; | ||||||
| Save and Except LTS 1-6 BLK 60 KNIGHTS MAIN STREET; | ||||||
| Save and Except LTS 1-2, 6 BLK 61 KNIGHTS MAIN STREET; | ||||||
| Save and Except RES A LAKES AT 610 SEC 2; | ||||||
| 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) The general law relating to consent by political | ||||||
| subdivisions to the creation of districts with conservation, | ||||||
| reclamation, and road powers and the inclusion of land in those | ||||||
| districts has been complied with. | ||||||
| (e) 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, 2017. | ||||||
