Texas Government Code 1505.057 – Encumbrance as Additional Security
(a) As additional security for the payment of the principal of and interest on bonds issued under this subchapter, a municipality may encumber any part or all of a project undertaken with funds derived from the bonds.
(b) An encumbrance entered into under this section:
(1) may provide for a grant, to a purchaser under sale or foreclosure, of a franchise to operate the encumbered project for a term not to exceed 20 years from the date of purchase, subject to all laws regulating the same then in force; and
(2) shall:
(A) provide for a trustee to enforce foreclosure; and
(B) provide the municipality with the option at any five-year period within the 20-year term after purchase to repurchase a project, other than reclaimed land acquired by an individual purchaser, under reasonable terms and at a reasonable price stated in the encumbrance.
Terms Used In Texas Government Code 1505.057
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
(c) Subject to Section 1505.076, the governing body of the municipality shall manage and control a project while it is encumbered under this section.