By: ___________________ ___. B. No. _______ A BILL TO BE ENTITLED AN ACT relating to the creation of Stadium Park Management District; providing authority to levy an assessment, impose a tax, and issue bonds. 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 38__ to read as follows: CHAPTER 38__. STADIUM PARK MANAGEMENT DISTRICT SUBCHAPTER A. Sec. 38__.001. 410701 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. GENERAL PROVISIONS "District" means the Stadium Park Management Sec. 38__.002. NATURE OF DISTRICT. The Stadium Park Management District is a special district created under Section 59, Article XVI, Texas Constitution. Sec. 38__.003. 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. By creating the district and in authorizing the city, the county, 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. (b) develop, The creation of the district is necessary to promote, encourage, transportation, entertainment, and housing, economic maintain tourism, development, employment, commerce, recreation, the arts, safety, the public and welfare in the district. (c) This chapter and the creation of the district may not be interpreted to relieve the city and the county 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 or county services provided in the district. 410701 Sec. 38__.004. (a) FINDINGS OF BENEFIT AND PUBLIC PURPOSE. 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) (3) eliminating unemployment and underemployment; and developing or expanding transportation and commerce. (d) The district will: (1) of residents, promote the health, safety, and general welfare 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; and (3) promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by 410701 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 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. 38 .005. 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; 410701 (3) right to impose or collect an assessment or tax; (4) legality or operation. or Sec. 38__.007. DISTRICTS LAW. APPLICABILITY OF MUNICIPAL MANAGEMENT Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. 38__.008. CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter. [Sections 38__.009- 38__.050 reserved for expansion] SUBCHAPTER B. Sec. 38__.051. BOARD OF DIRECTORS GOVERNING BODY; TERMS. (a) The district is governed by a board of eleven voting directors who serve staggered terms of four years, with four or five directors' terms expiring June 1 of each odd-numbered year. (b) The board by resolution may change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district. The board may not consist of fewer than three or more than fifteen voting directors. Sec. 38__.052. APPOINTMENT OF VOTING DIRECTORS. The mayor and members of the governing body of the city shall appoint directors from persons recommended by the board. 410701 A person is appointed if a majority of the members of the governing body, including the mayor, vote to appoint that person. Sec. 38__.053. (a) INITIAL VOTING DIRECTORS. The initial board consists of the following voting directors: Pos. No. Name of Director 1 2 3 4 5 6 7 8 9 10 11 (b) Of the initial directors, the terms of directors appointed for positions one through five expire June 1, 2015, and the terms of directors appointed for positions six through eleven expire June 1, 2017. (c) Section 38__.052 does not apply to the appointment of directors under this section. 410701 Sec. 38__.054. nonvoting NONVOTING DIRECTORS. directors to serve at the The board may appoint pleasure of the voting directors. Sec. 38__.055. QUORUM. For purposes of determining the requirements for a quorum of the board, the following are not counted: (1) a board position vacant for any reason, including death, resignation, or disqualification; (2) a director who is abstaining from participation in a vote because of a conflict of interest; or (3) a nonvoting director. 38__.055. DISQUALIFICATION. Section 49.052, Water Code, does not apply to the district. [Sections 38__.057- 38__.100 reserved for expansion] SUBCHAPTER C. Sec. 38__.101. POWERS AND DUTIES GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 38__.102. district may IMPROVEMENT PROJECTS AND SERVICES. provide, design, construct, acquire, The improve, relocate, operate, maintain, or finance an improvement project or service using contract with design, construct, 410701 a any money governmental acquire, available or to private improve, the entity district, to relocate, or provide, operate, maintain, or finance an improvement project or service authorized under this chapter or Chapter 375, Local Government Code. Sec. 38__.103. 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. 38__.104. 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. corporation directors 410701 shall of a serve local The board of directors of the nonprofit in the same government manner as corporation the board created of under Subchapter D, Chapter 431, Transportation Code, except that a board member is not required to reside in the district. Sec. 38__.105. 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. 38__.106. public interest, party, including LAW ENFORCEMENT SERVICES. the district the county may or contract the To protect the with city, to a qualified provide law enforcement services in the district for a fee. Sec. 38__.107. 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. 38__.108. may engage in ECONOMIC DEVELOPMENT. activities that (a) accomplish The district 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) 410701 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. 38__.111. 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. The development and operation of the district’s parking facilities may be considered an economic development program. Sec. 38__.006. ANNEXATION OR EXCLUSION OF LAND. (a) The district may annex land as provided by Subchapter J, Chapter 49, Water Code. 410701 Sec. provided 38__.112. by APPROVAL Subsection (c), BY the THE CITY. district (a) must Except obtain as the approval of the city for: (1) the issuance of bonds requireing approval of the attorney general; (2) the plans and specifications of an improvement project financed by bonds; and (3) project related the plans and specifications of an improvement to the use of land owned by the city, an easement granted by the city or a right-of-way of a street, road or highway. (b) The approval contained under subsection (a)(1) must be a resolution or ordinance of the governing body of the city. The approval obtained under Subsection (a)(2) or (3) may be by an administrative process that does not involve the city’s governing body. (c) If the district obtains the approval of the city’s governing body of a capital improvements budget for a period not to exceed ten years, the district may finance the capital improvements and issue bonds specified in the budget without further approval from the city. Sec. 38__.113. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain. [Sections 38__.114- 38__.150 reserved for expansion] 410701 SUBCHAPTER D. Sec. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS 38__.110. district may TAX designate AND ASSESSMENT reinvestment ABATEMENTS. zones and may The grant abatements of district taxes or assessments on property within such zones. Sec. 38__.151. 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. 38__.152. The district maintain any may MONEY USED FOR IMPROVEMENTS OR SERVICES. acquire, improvement or construct, finance, operate, service authorized under or this chapter or Chapter 375, Local Government Code, using any money available to the district. Sec. 38__.153. AND IMPROVEMENTS WITH PETITION REQUIRED FOR FINANCING SERVICES 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. The petition may cover all or a portion of the district. (b) A petition filed under Subsection (a) must be signed by: (1) the owners of a majority of the assessed value of real property in the district subject to the proposed assessment 410701 according to the most recent certified tax appraisal roll for the county; or (2) at least 30 persons who own real property in the district subject to the proposed assessment, if more than 30 persons own real property in the district subject to the proposed assessment as determined by the most recent certified tax appraisal roll for the county. Sec. 38__.154. may mail the METHOD OF NOTICE FOR HEARING. notice required by Section The district 375.115(c), Local Government Code, by certified or first class United States mail. The board shall determine the method of notice. Sec. 38__.155. 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) assessed; 410701 are a first and prior lien against the property (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 The board may enforce the lien in the same manner that 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. [Sections 38__.156- 38__.200 reserved for expansion] SUBCHAPTER E. Sec. 38__.201. TAXES AND BONDS ELECTIONS REGARDING TAXES AND BONDS. (a) The district may issue, without an election, bonds, notes, and other obligations secured by revenue other than ad valorem taxes. (b) The district must hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to 410701 obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes. (c) Section 375.243, Local Government Code, does not apply to the district. (d) 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. 38__.202. OPERATION AND MAINTENANCE TAX. (a) If authorized by a majority of the district voters voting at an election held in accordance with Section 38__.201, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code, for any district purpose, including to: (b) (1) maintain and operate the district; (2) construct or acquire improvements; or (3) provide a service. The board shall determine the tax rate. The rate may not exceed the rate approved at the election. (c) Section 49.107(h), Water Code, does not apply to the district. Sec. 38__.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on terms as determined by the board. 410701 Section 375.205, Local Government Code, does not apply to a loan, line of credit, or other borrowing from a bank or financial institution secured by revenue other than ad valorem taxes. (b) The obligations district payable may wholly issue or partly bonds, from notes, ad or valorem other 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. Sec. 38__.205. TAXES FOR BONDS. 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 amount, for ad each valorem year tax, that without all or limit part of as to the rate bonds or are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code. Sec. 38__.206. OBLIGATIONS. Except CITY as NOT provided REQUIRED by TO Section PAY DISTRICT 375.263, Local Government Code, the city is not required to pay a bond, note, or other obligation of the district. [Sections 38__.207- 38__.350 reserved for expansion] SUBCHAPTER I. 410701 MUNICIPAL ANNEXATION AND DISSOLUTION Sec. The 38__.351. district is a MUNICIPAL ANNEXATION; “water sewer or DISSOLUTION. district” under (a) Section 43.071, Local Government Code. (b) Section 43.075, Local Government Code, applies to the district. (c) Section 375.264, Local Government Code, does not apply to the dissolution of the district by a municipality. SECTION 2. The Stadium Place Management District initially includes all territory contained in the following area: Beginning at a point where the south right-of-way (ROW) of El Paseo St and west ROW of FM 521/Almeda Rd intersect, and coincident with Greater Southeast Management District boundary; Then south southwest along west ROW of FM 521/Almeda Rd. across south ROW of Feldman Rd./Reed Rd. to north boundary of 63.2496 acre parcel (ABST 884 J HAMILTON/WHITE TR 1A); Then west along north boundary of said 63.2496 acre parcel to coincident southwest corner of 1.1667 acre parcel (ABST 885 D WHITE TRS 8 & 8B OF LT 22); Then north along west boundary of said 1.1667 acre parcel to south ROW of Feldman Rd. and coincident southeast corner of 22.98 acre parcel (ABST 179 BBB&C RR CO TR 1); Then west, southwest, south and west along south boundary of said 22.98 acre parcel (ABST 179 BBB&C RR CO TR 1) to southwest 410701 corner of said 22.98 parcel and coincident east boundary of Wildcat Golf Course (ABST 179 BBB&C RR CO TR 2); Then north along east boundary of Wildcat Golf Course (ABST 179 BBB&C RR CO TR 2) to south ROW of Holmes Rd; Then west southwest along south ROW of Holmes Rd to a point south of southwest corner of 4.5 acre parcel (ABST 179 BBB&C RR CO MARTYRS M B U/R TRS 3 4 7 8 & 11); Then north across ROW of Holmes Rd and along the west boundary of 4.5 acre parcel (ABST 179 BBB&C RR CO MARTYRS M B U/R TRS 3 4 7 8 & 11) to northwest corner of said 4.5 acre parcel; Then west along south boundary of 4.5 acre parcel (ABST 179 BBB&C RR CO MARTYRS M B U/R TRS 13 14 17 & 18 & S 1/2 OF TR 21) to southwest corner of said 4.5 parcel; Then north along west boundary of said 4.5 parcel to northwest corner of said parcel; Then east along north boundary of said 4.5 parcel to northeast corner of said parcel; Then south along east boundary of said 4.5 parcel to a point due west of northwest corner of 0.8321 acre parcel (ABST 179 BBB&C RR CO MARTYRS M B U/R N 100 FT OF TR 19); Then east along north boundary of 0.8321 acre parcel (ABST 179 BBB&C RR CO MARTYRS M B U/R N 100 FT OF TR 19) to northeast corner of said parcel and coincident west boundary of 25 acre 410701 parcel (ABST 179 BBB&C RR CO ARMSTRONG W E BLKS 2 3 TRS A B C1 OF RES G); Then north along west boundary of said 25 acre parcel to northwest corner of said parcel; Then east along north boundary of said 25 acre parcel to a point south of southwest corner of Bedford Falls Development (BEDFORD FALLS AMEND); Then north across ROW of Grand Fountains Dr. and along west boundary of Bedford Falls Development (BEDFORD FALLS AMEND) to northwest corner of said development and coincident south boundary of 7.0721 acre parcel (LAKES AT 610 SEC 2 RES E); Then west along south boundary of 7.0721 acre parcel to southwest corner of said parcel; Then north along west boundary of said 7.0721 acre parcel to south ROW of W. Bellfort St.; Then west along south ROW of W. Bellfort St. to northeast corner of 0.8065 acre parcel (ABST 887 J HAMILTON TR 22E-2); Then south along east boundary of 0.8065 acre parcel (ABST 887 J HAMILTON TR 22E-2) and 19.3266 acre parcel (ABST 179 BBB&CRR CO MAINVIEW TRS 6A & 10 & LT 3 & TRS 1 & 2 BLK 3) to southeast corner of said 19.3266 parcel; Then southwest along southeast boundary of 19.3266 acre parcel (ABST 179 BBB&CRR CO MAINVIEW TRS 6A & 10 & LT 3 & TRS 1 & 2 BLK 3), and Villas on Clearview (VILLAS ON CLEARVIEW AMEND), and 410701 Park at Clearview (PARK AT CLEARVIEW AMEND) to a point north of northeast corner of 6.6537 acre parcel (R HASSELL PROPERTIES RES A1 BLK 1); Then south along east boundary of 6.6537 acre parcel (R HASSELL PROPERTIES RES A1 BLK 1), across ROW of Willowbend Blvd, and along east boundary of 19.5106 acre parcel (ABST 173 BBB&CRR CO TR 15) to north ROW of Holmes Rd and coincident boundary of Five Corners Improvement District; Then southwest along north ROW of Holmes Rd and coincident boundary of Five Corners Improvement District to east ROW of US 90/S Main St.; Then north and east along east ROW of S. Main St./US 90 Hwy to west ROW of Southern Pacific Rail; Then northwest across ROW of S. Main St./US 90 Hwy and along west ROW of Southern Pacific Rail to north ROW of Willowbend Blvd; Then east along north ROW of Willowbend Blvd to west ROW of Stella Link Rd; Then north along west ROW of Stella Link Rd to southeast corner 0.2583 acre parcel (WESTWOOD SEC 5 RES D1 BLK 6); Then west along south boundary of Westwood Sec. 5 Block 6 (Res D1,3,5-9, 11) and Block 1 (Res C1-5) to southwest corner of 0.6371 acre parcel (WESTWOOD SEC 5 RES C2 BLK 1) and coincident east ROW of Southern Pacific Rail; 410701 Then north along east ROW of Southern Pacific Co. Rail to northwest corner of 1.0435 acre parcel (WESTWOOD SEC 5 R/P TR 1A BLK 7); Then east along north boundary of said 1.0435 acre parcel, and 0.3629 acre parcel (RES A3-A BLK 7), and 0.208 acre parcel (RES A3 BLK 7) of Westwood Sec. 5 R/P, and Woodwind Estates to west ROW of Woodwind Dr.; Then north along west ROW of Woodwind Dr. to a point west of northwest corner of 4 acre parcel (WESTWOOD SEC 5 RES B3 BLK 6); Then east along north boundary of said 4 acre parcel and 4.1366 acre parcel (WESTWOOD SEC 5 RES B4 BLK 6) and 0.4034 acre parcel (WESTWOOD SEC 5 RES B2 BLK 6) to west ROW of Stella Link Rd; Then north along west ROW of Stella Link Rd to south ROW of eastbound feeder of Interstate 610 (So. Loop Fwy. W.); Then west along south ROW of eastbound feeder of Interstate 610 (So. Loop Fwy. W.) to drainage channel; Then south along drainage channel to south ROW of W. Bellfort Ave.; Then west and southwest along south ROW of W. Bellfort Ave. to west ROW of S. Post Oak Rd (southbound); Then north (southbound) and and northeast along Interstate 610 west of interchange feeder of Interstate 610 (westbound); 410701 ROW S. to Post Oak Rd north ROW of Then east along north ROW of feeder of Interstate 610 South westbound to west ROW of Southern Pacific Rail; Then north along west ROW of Southern Pacific Rail to Brays Bayou channel; Then east along Brays Bayou channel to west ROW of Main St; Then northeast along west ROW of Main St. to north bank of Brays Bayou; Then east across ROW of Main St. and along north bank of Brays Bayou to east ROW of Fannin St. and coincident boundary of Greater Southeast Management District; Then south along Fannin St. and coincident boundary of Greater Southeast Management District to south ROW of Old Spanish Trail/US 90 Hwy; Then southwest along south ROW of Old Spanish Trail/US 90A Hwy to east ROW of Greenbriar Drive; Then south across and Fannin northwest east St corner along east to east ROW of 3.2334 ROW of acre of Greenbriar Fannin parcel St. and (HOMESTEAD Drive and coincident VILLAGE- ASTRODOME RES A BLK 1); Then east along north boundary of said 3.2334 acre parcel and 3.6393 acre parcel (ASTRODOME OAKS SEC of Knight Rd and Management District; 410701 coincident 1 R/P RES A) to west ROW boundary of Greater Southeast Then south along west ROW of Knight Rd and coincident boundary of Greater Southeast Management District to south ROW of El Paseo St; Then east along south ROW of El Paseo St and coincident boundary of Greater Southeast Management District to point of beginning. 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) submitted The governor, one of the required recipients, has the notice and Act to the Texas Commission on Environmental on Environmental Quality. (c) filed The its governor, Texas Commission recommendations lieutenant relating governor, and to this speaker of Quality Act the with house has the of representatives within the required time. (d) The subdivisions to general the law relating creation of to consent districts with by political conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with. 410701 (e) state All requirements of the constitution and laws of this 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 Constitution. provided by Section 39, Article III, Texas If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013. 410701