Texas Transportation Code 22.088 – Expenditure of Bond Revenue by Joint Board Without Competitive Bidding
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(a) A joint board may spend or agree to spend the proceeds of revenue bonds under its control to acquire and install furniture, fixtures, and equipment to be used at an airport operated by the joint board without inviting, advertising for, or otherwise requiring competitive bids or requiring or obtaining a payment or performance bond.
(b) This section applies to furniture, fixtures, and equipment purchased by the joint board or a private entity that will lease the furniture, fixtures, and equipment in accordance with this section.
Terms Used In Texas Transportation Code 22.088
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The furniture, fixtures, and equipment must be, before the delivery of the bonds, the subject of a lease from the joint board to a private entity under the terms of which the lessee is:
(1) obligated to maintain the furniture, fixtures, and equipment solely at its expense; and
(2) unconditionally obligated throughout the term of the bonds to make payments of net rent in amounts and at times sufficient to provide for the timely payment of all principal, interest, redemption premiums, and other costs and expenses arising or to arise in connection with the payment of the bonds.
(d) This section does not apply to the expenditure of the proceeds of bonds:
(1) unless the bonds provide by their own terms that:
(A) they are payable solely from the net rents required by Subsection (c)(2); and
(B) they are not payable in any circumstances from tax revenue; or
(2) that provide for the creation of a contractual mortgage lien against real property owned by the public agencies creating the joint board.
(e) A joint board may adopt rules it finds to be in the public interest to govern the method and installation of the properties to which this section relates.