Tex.
Local Gov't Code Section 307.042
Revenue Obligations
(a)
For the purpose of obtaining funds for any purpose authorized by this chapter, the governing body of the municipality may from time to time issue bonds, notes, or warrants secured by a pledge of and payable from the net revenues derived from the operation of all or a designated part of the pier, structures, or improvements.(b)
As additional security for the bonds, notes, or warrants, the municipality may mortgage and encumber all or a designated part of:(1)
the pier, structures, or improvements;(2)
the furnishings and equipment; or(3)
the interest, easement, or other rights in land acquired or to be acquired and used in connection with the park land, including the right of use and occupancy of the park land and the title or rights to the tidelands, waters, or beds of the Gulf of Mexico acquired by the municipality.(c)
As additional security for the bonds, notes, or warrants, the municipality may, by the terms of a mortgage, grant to the purchaser under sale or foreclosure a franchise to operate the properties purchased for a period of not more than 99 years after the purchase. If at the time of the sale or foreclosure there is a pier, structure, or improvement located in whole or in part on or over state-owned tideland, water, and bed of the Gulf of Mexico, during that period of 99 years the purchaser and the purchaser’s heirs, successors, and assigns have the same right of use and occupancy to the state-owned tideland, water, and bed as is granted to the municipality under this chapter. On termination of that period or on cessation of use of the property for that purpose, the right of use and occupancy reverts to the municipality.(d)
The municipality may issue bonds, notes, and warrants and mortgage and encumber property under this section whether all or part of the cost is to be paid from:(1)
bonds, notes, and warrants issued under this section;(2)
bonds or warrants issued under Section 307.041 (Tax Bonds) or 307.046 (Additional Tax; Time Warrants);(3)
funds obtained from any other lawful source; or(4)
a combination of those sources.(e)
The municipality may sell the property described by Subsection (b) if no bonded indebtedness remains outstanding. If the municipality sells the property, the General Land Office may grant to the purchaser a lease of the state-owned tideland, water, and bed beneath the property or, if necessary, a larger area for a period of not more than 99 years after the purchase. The purchaser and the purchaser’s heirs, successors, and assigns have the same right of use and occupancy to the state-owned tideland, water, and bed as is granted to the municipality under this chapter. On termination of that period or on cessation of use of the property for that purpose, the right of use and occupancy reverts to the municipality.
Source:
Section 307.042 — Revenue Obligations, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.307.htm#307.042 (accessed Jun. 5, 2024).
