CHAPTER 305. MISCELLANEOUS PUBLIC BUILDING PROVISIONS AFFECTING MUNICIPALITIES AND COUNTIES

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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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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