CHAPTER 305. MISCELLANEOUS PUBLIC BUILDING PROVISIONS AFFECTING MUNICIPALITIES AND COUNTIES
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE C. PUBLIC BUILDING PROVISIONS APPLYING TO MORE THAN ONE
TYPE OF LOCAL GOVERNMENT
CHAPTER 305. MISCELLANEOUS PUBLIC BUILDING PROVISIONS AFFECTING
MUNICIPALITIES AND COUNTIES
SUBCHAPTER A. JOINT CONSTRUCTION AND MAINTENANCE OF BUILDINGS BY
CERTAIN COUNTIES AND MUNICIPALITIES
Sec. 305.001. JOINT CONSTRUCTION AND MAINTENANCE OF BUILDINGS BY
CERTAIN COUNTIES AND MUNICIPALITIES. (a) This section applies
only to a municipality with 2,000 or more inhabitants that is
located more than 10 miles from the county seat of the county in
which the municipality is located, and to the county in which the
municipality is located.
(b) The county and the municipality may jointly own, construct,
equip, enlarge, and maintain a building in the municipality, to
be used by the justice of the peace, for county branch offices,
for a county library, and for a city hall. The county and the
municipality must hold in joint ownership the title to the land
on which the building stands.
(c) The cost of construction of the building shall be paid from
current income and funds on hand, as provided in the budgets or
the tax levies of the county and municipality. Annual expenses
for the operation and maintenance of the building shall be
budgeted by the county and the municipality.
(d) The county and the municipality shall specify in a contract
between them:
(1) the amount or proportionate share of the cost of
construction and equipment that each party shall contribute;
(2) the party with authority to award contracts, or the fact
that awards are to be made by action of both parties;
(3) the account in which funds contributed under Subdivision (1)
shall be deposited; and
(4) the procedure by which disbursements from that account shall
be authorized.
(e) The contract may provide for:
(1) the appointment of a committee or board to operate and
maintain the building;
(2) the delegation of operation and maintenance responsibility
to either of the parties; or
(3) the division of annual operation and maintenance expenses
between the parties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. SALE OF COLISEUM OR STADIUM BETWEEN MUNICIPALITY
AND COUNTY
Sec. 305.011. MUNICIPALITY AND COUNTY COVERED BY SUBCHAPTER.
This subchapter applies only to:
(1) any municipality; and
(2) a county that has a population of more than one million, has
issued bonds for the purpose of constructing a coliseum or
stadium within the county, and is operating the coliseum or
stadium directly and not through another person under a lease or
other agreement not subject to cancellation by the county in the
event of a sale of the coliseum or stadium.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989. Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 99, eff.
Sept. 1, 1991.
Sec. 305.012. SALE BY COUNTY. The commissioners court of the
county may sell to a municipality a coliseum or stadium owned and
operated by it and related land and facilities if the court finds
that:
(1) the coliseum or stadium is in need of expansion or other
improvement; and
(2) the expansion or other improvement may be better
accomplished, without resort to the tax funds and resources of
the county, by the sale of the coliseum or stadium and related
land and facilities to a municipality in which the coliseum or
stadium is located.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989.
Sec. 305.013. TERMS OF AGREEMENT. The sale agreement shall be
on the terms, including the price, on which the county and
municipality agree. However, the price may not be less than the
amount of the outstanding bonds of the county issued for the
purpose of constructing and equipping the coliseum or stadium.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989.
Sec. 305.014. PAYMENTS BY MUNICIPALITY. (a) The purchase price
may be paid by the municipality in cash and the funds for the
payment may be obtained by the municipality in any manner
permitted by law. In the alternative, the purchase price may be
paid by the municipality in installments with interest at not
lower than the same rates borne by the county's outstanding
coliseum or stadium bonds. The funds with which to make the
installments may be obtained by the municipality in any lawful
manner, including one or more of the methods described by
Subsections (b) and (c).
(b) The installments, by the sale agreement, may be made payable
to the county out of revenues of the stadium or coliseum on dates
coinciding with or earlier than the dates on which principal and
interest on the county's outstanding coliseum or stadium bonds
mature and come due. If this method of payment is selected, the
payments due the county may be treated as a fixed operating
expense of the stadium or coliseum payable solely from the
revenues of the facilities. When received by the county, the
funds shall be used for the purpose of retiring and paying
interest on its outstanding coliseum or stadium bonds when due.
(c) The municipality and county may agree that the municipality
shall issue a series of coliseum or stadium acquisition revenue
bonds (or include such purpose as a part of a larger series of
coliseum or stadium revenue bonds), which revenue bonds (or part
of a larger series allocable to the purchase) shall be delivered
to the county in payment of the purchase price for the stadium or
coliseum. The bonds must be at least payable at the times and in
the same amounts as and bear not lower than the same rates of
interest borne by the county's outstanding coliseum or stadium
bonds so as to provide funds from the revenue bonds to the county
with which to pay the principal and interest when due on its
outstanding bonds. The revenue bonds of the municipality may be
on other terms as the municipality and county agree and may
include any mortgage security authorized by Subchapter A, Chapter
1504, Government Code. On delivery of the bonds to the county,
the county shall hold the bonds for the account of the interest
and sinking fund created in connection with its outstanding
coliseum or stadium bonds and shall use the payments when
received to pay the principal and interest on its bonds when due.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.310, eff.
Sept. 1, 2001.
Sec. 305.015. DELIVERY OF DEED. A sale under this subchapter
must be effected by delivery of a deed, with a reservation of any
vendor's liens on the facilities as may be appropriate in
connection with the selected method for payment of the purchase
price, from the county with the approval of the commissioners
court and acceptance by the municipality in accordance with the
sale agreement.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989.
Sec. 305.016. MUNICIPAL POWERS. After the delivery of the deed,
the municipality is the complete and total owner of the coliseum
or stadium and the related land and facilities conveyed and may:
(1) exercise all the powers with respect to the property
authorized and implied by Subchapter A, Chapter 1504, Government
Code, and any other laws applicable to the municipality, for the
purpose of operating, maintaining, improving, or expanding the
coliseum or stadium;
(2) in connection with the financing of the purchase, include
any indoor or outdoor recreational facilities, properties, and
entertainment attractions as may be considered by the
municipality to be appropriate in connection with the coliseum or
stadium; and
(3) lease or make operating agreements with respect to all or
any part of the coliseum or stadium and related land and
facilities for the periods and on the terms as the municipality
may determine.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.311, eff.
Sept. 1, 2001.
Sec. 305.017. SALE BY MUNICIPALITY. (a) If the governing body
of the municipality affirmatively finds that the escalating
burdens and costs of operating its stadium or coliseum acquired
under this subchapter have caused continued ownership to cease to
be economically feasible, resulting in increasing and unnecessary
burdens on the taxpayers of the municipality, the governing body,
after giving at least 14 days' notice of and holding a public
hearing on the question, may sell the stadium or coliseum to
another public or private entity.
(b) The sale shall be on the terms as the governing body may
approve. The municipality has all power necessary and appropriate
to complete the sale in accordance with the terms of the sale.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 66(a), eff. Aug. 28,
1989.