1 | 1 | | By: Hegar S.B. No. 605 |
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2 | 2 | | (Zerwas) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Fort Bend County Improvement |
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8 | 8 | | District No. 24; providing authority to impose an assessment, |
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9 | 9 | | impose a tax, and issue bonds. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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12 | 12 | | Code, is amended by adding Chapter 3898 to read as follows: |
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13 | 13 | | CHAPTER 3898. FORT BEND COUNTY IMPROVEMENT DISTRICT NO. 24 |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 3898.001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Board" means the district's board of directors. |
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17 | 17 | | (2) "City" means the City of Houston. |
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18 | 18 | | (3) "County" means Fort Bend County. |
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19 | 19 | | (4) "Director" means a board member. |
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20 | 20 | | (5) "District" means the Fort Bend County Improvement |
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21 | 21 | | District No. 24. |
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22 | 22 | | Sec. 3898.002. CREATION AND NATURE OF DISTRICT. The |
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23 | 23 | | district is a special district created under Section 59, Article |
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24 | 24 | | XVI, Texas Constitution. |
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25 | 25 | | Sec. 3898.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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26 | 26 | | creation of the district is essential to accomplish the purposes of |
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27 | 27 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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28 | 28 | | Texas Constitution, and other public purposes stated in this |
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29 | 29 | | chapter. By creating the district and in authorizing the city and |
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30 | 30 | | other political subdivisions to contract with the district, the |
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31 | 31 | | legislature has established a program to accomplish the public |
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32 | 32 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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33 | 33 | | (b) The creation of the district is necessary to promote, |
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34 | 34 | | develop, encourage, and maintain employment, commerce, |
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35 | 35 | | transportation, housing, tourism, recreation, the arts, |
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36 | 36 | | entertainment, economic development, safety, and the public |
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37 | 37 | | welfare in the district. |
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38 | 38 | | (c) The district is created to supplement and not to |
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39 | 39 | | supplant city services provided in the district. |
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40 | 40 | | Sec. 3898.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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41 | 41 | | (a) The district is created to serve a public use and benefit. |
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42 | 42 | | (b) All land and other property included in the district |
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43 | 43 | | will benefit from the improvements and services to be provided by |
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44 | 44 | | the district under powers conferred by Sections 52 and 52-a, |
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45 | 45 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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46 | 46 | | other powers granted under this chapter. |
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47 | 47 | | (c) The creation of the district is in the public interest |
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48 | 48 | | and is essential to further the public purposes of: |
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49 | 49 | | (1) developing and diversifying the economy of the |
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50 | 50 | | state; |
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51 | 51 | | (2) eliminating unemployment and underemployment; |
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52 | 52 | | (3) developing or expanding transportation and |
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53 | 53 | | commerce; and |
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54 | 54 | | (4) providing quality residential housing. |
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55 | 55 | | (d) The district will: |
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56 | 56 | | (1) promote the health, safety, and general welfare of |
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57 | 57 | | residents, employers, potential employees, employees, visitors, |
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58 | 58 | | and consumers in the district, and of the public; |
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59 | 59 | | (2) provide needed funding for the district to |
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60 | 60 | | preserve, maintain, and enhance the economic health and vitality of |
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61 | 61 | | the district territory as a residential community and business |
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62 | 62 | | center; and |
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63 | 63 | | (3) promote the health, safety, welfare, and enjoyment |
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64 | 64 | | of the public by providing pedestrian ways and by landscaping, |
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65 | 65 | | removing graffiti from, and developing certain areas in the |
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66 | 66 | | district, which are necessary for the restoration, preservation, |
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67 | 67 | | and enhancement of scenic beauty. |
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68 | 68 | | (e) Pedestrian ways along or across a street, whether at |
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69 | 69 | | grade or above or below the surface, and street lighting, street |
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70 | 70 | | landscaping, vehicle parking, and street art objects are parts of |
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71 | 71 | | and necessary components of a street and are considered to be an |
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72 | 72 | | improvement project that includes a street or road improvement. |
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73 | 73 | | (f) The district will not act as the agent or |
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74 | 74 | | instrumentality of any private interest even though the district |
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75 | 75 | | will benefit many private interests as well as the public. |
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76 | 76 | | Sec. 3898.005. DISTRICT TERRITORY. (a) The district is |
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77 | 77 | | initially composed of the territory described by Section 2 of the |
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78 | 78 | | Act enacting this chapter. |
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79 | 79 | | (b) The boundaries and field notes contained in Section 2 of |
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80 | 80 | | the Act enacting this chapter form a closure. A mistake in the |
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81 | 81 | | field notes or in copying the field notes in the legislative process |
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82 | 82 | | does not affect the district's: |
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83 | 83 | | (1) organization, existence, or validity; |
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84 | 84 | | (2) right to issue any type of bond for the purposes |
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85 | 85 | | for which the district is created or to pay the principal of and |
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86 | 86 | | interest on a bond; |
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87 | 87 | | (3) right to impose or collect an assessment or tax; or |
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88 | 88 | | (4) legality or operation. |
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89 | 89 | | Sec. 3898.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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90 | 90 | | (a) All or any part of the area of the district is eligible to be |
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91 | 91 | | included in: |
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92 | 92 | | (1) a tax increment reinvestment zone created under |
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93 | 93 | | Chapter 311, Tax Code; |
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94 | 94 | | (2) a tax abatement reinvestment zone created under |
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95 | 95 | | Chapter 312, Tax Code; |
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96 | 96 | | (3) an enterprise zone created under Chapter 2303, |
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97 | 97 | | Government Code; or |
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98 | 98 | | (4) an industrial district created under Chapter 42, |
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99 | 99 | | Local Government Code. |
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100 | 100 | | (b) If the city creates a tax increment reinvestment zone |
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101 | 101 | | described by Subsection (a), the city and the board of directors of |
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102 | 102 | | the zone, by contract with the district, may grant money deposited |
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103 | 103 | | in the tax increment fund to the district to be used by the district |
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104 | 104 | | for the purposes permitted for money granted to a corporation under |
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105 | 105 | | Section 380.002(b), Local Government Code, including the right to |
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106 | 106 | | pledge the money as security for any bonds issued by the district |
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107 | 107 | | for an improvement project. A project may not receive public funds |
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108 | 108 | | under Section 380.002(b), Local Government Code, unless the project |
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109 | 109 | | has been approved by the governing body of the city. |
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110 | 110 | | (c) A tax increment reinvestment zone created by the city in |
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111 | 111 | | the district is not subject to the limitations provided by Section |
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112 | 112 | | 311.006(b), Tax Code. |
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113 | 113 | | Sec. 3898.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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114 | 114 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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115 | 115 | | Chapter 375, Local Government Code, applies to the district. |
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116 | 116 | | Sec. 3898.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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117 | 117 | | chapter shall be liberally construed in conformity with the |
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118 | 118 | | findings and purposes stated in this chapter. |
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119 | 119 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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120 | 120 | | Sec. 3898.051. GOVERNING BODY; TERMS. The district is |
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121 | 121 | | governed by a board of five directors who serve staggered terms of |
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122 | 122 | | four years, with two or three directors' terms expiring June 1 of |
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123 | 123 | | each odd-numbered year. |
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124 | 124 | | Sec. 3898.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY |
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125 | 125 | | CITY. (a) To be qualified to serve as a director appointed by the |
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126 | 126 | | governing body of the city, a person must be: |
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127 | 127 | | (1) a resident of the district who is also a registered |
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128 | 128 | | voter of the district; |
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129 | 129 | | (2) an owner of property in the district; |
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130 | 130 | | (3) an owner of stock or a partnership or membership |
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131 | 131 | | interest, whether beneficial or otherwise, of a corporate |
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132 | 132 | | partnership, limited liability company, or other entity owner of a |
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133 | 133 | | direct or indirect interest in property in the district; |
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134 | 134 | | (4) an owner of a beneficial interest in a trust, or a |
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135 | 135 | | trustee in a trust, that directly or indirectly owns property in the |
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136 | 136 | | district; |
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137 | 137 | | (5) an agent, employee, or tenant of a person |
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138 | 138 | | described by Subdivision (2), (3), or (4); or |
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139 | 139 | | (6) an initial director under Section 3898.062. |
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140 | 140 | | (b) Section 49.052, Water Code, does not apply to the |
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141 | 141 | | district. |
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142 | 142 | | Sec. 3898.053. APPOINTMENT OF DIRECTORS. The governing |
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143 | 143 | | body of the city shall appoint directors from persons recommended |
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144 | 144 | | by the board. |
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145 | 145 | | Sec. 3898.054. VACANCY. If a vacancy occurs on the board, |
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146 | 146 | | the remaining directors shall appoint a director for the remainder |
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147 | 147 | | of the unexpired term. |
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148 | 148 | | Sec. 3898.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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149 | 149 | | director shall file the director's oath or affirmation of office |
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150 | 150 | | with the district, and the district shall retain the oath or |
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151 | 151 | | affirmation in the district records. |
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152 | 152 | | (b) A director shall file a copy of the director's oath or |
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153 | 153 | | affirmation with the secretary of the city. |
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154 | 154 | | Sec. 3898.056. QUORUM. A vacant director position is not |
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155 | 155 | | counted for purposes of establishing a quorum. |
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156 | 156 | | Sec. 3898.057. OFFICERS. The board shall elect from among |
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157 | 157 | | the directors a chair, a vice chair, and a secretary. The offices |
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158 | 158 | | of chair and secretary may not be held by the same person. |
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159 | 159 | | Sec. 3898.058. COMPENSATION; EXPENSES. (a) The district |
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160 | 160 | | may compensate each director in an amount not to exceed $50 for each |
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161 | 161 | | board meeting. The total amount of compensation a director may |
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162 | 162 | | receive each year may not exceed $2,000. |
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163 | 163 | | (b) A director is entitled to reimbursement for necessary |
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164 | 164 | | and reasonable expenses incurred in carrying out the duties and |
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165 | 165 | | responsibilities of the board. |
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166 | 166 | | Sec. 3898.059. LIABILITY INSURANCE. The district may |
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167 | 167 | | obtain and pay for comprehensive general liability insurance |
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168 | 168 | | coverage from a commercial insurance company or other source that |
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169 | 169 | | protects and insures a director against personal liability and from |
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170 | 170 | | all claims relating to: |
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171 | 171 | | (1) actions taken by the director in the director's |
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172 | 172 | | capacity as a member of the board; |
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173 | 173 | | (2) actions and activities taken by the district; or |
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174 | 174 | | (3) the actions of others acting on behalf of the |
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175 | 175 | | district. |
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176 | 176 | | Sec. 3898.060. NO EXECUTIVE COMMITTEE. The board may not |
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177 | 177 | | create an executive committee to exercise the powers of the board. |
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178 | 178 | | Sec. 3898.061. BOARD MEETINGS. The board shall hold |
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179 | 179 | | meetings at a place accessible to the public. |
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180 | 180 | | Sec. 3898.062. INITIAL DIRECTORS. (a) The initial board |
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181 | 181 | | consists of: |
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182 | 182 | | Pos. No. Name of Director |
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183 | 183 | | 1 Jim Foreman |
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184 | 184 | | 2 Erin Dyer |
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185 | 185 | | 3 Scott Leafe |
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186 | 186 | | 4 Belinda Meller |
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187 | 187 | | 5 David Foor |
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188 | 188 | | (b) The terms of the initial directors expire June 1, 2015. |
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189 | 189 | | (c) Of the directors who replace an initial director, the |
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190 | 190 | | terms of directors serving in positions 1, 2, and 3 expire June 1, |
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191 | 191 | | 2017, and the terms of directors serving in positions 4 and 5 expire |
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192 | 192 | | June 1, 2019. |
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193 | 193 | | (d) Section 3898.052 does not apply to this section. |
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194 | 194 | | (e) This section expires September 1, 2019. |
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195 | 195 | | SUBCHAPTER C. POWERS AND DUTIES |
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196 | 196 | | Sec. 3898.101. GENERAL POWERS AND DUTIES. The district has |
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197 | 197 | | the powers and duties necessary to accomplish the purposes for |
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198 | 198 | | which the district is created. |
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199 | 199 | | Sec. 3898.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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200 | 200 | | district may provide, design, construct, acquire, improve, |
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201 | 201 | | relocate, operate, maintain, or finance an improvement project or |
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202 | 202 | | service using money available to the district, or contract with a |
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203 | 203 | | governmental or private entity to provide, design, construct, |
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204 | 204 | | acquire, improve, relocate, operate, maintain, or finance an |
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205 | 205 | | improvement project or service authorized under this chapter or |
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206 | 206 | | Chapter 375, Local Government Code. |
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207 | 207 | | Sec. 3898.103. LOCATION OF IMPROVEMENT PROJECT. An |
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208 | 208 | | improvement project described by Section 3898.102 may be located: |
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209 | 209 | | (1) in the district; or |
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210 | 210 | | (2) in an area outside but adjacent to the district if |
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211 | 211 | | the project is for the purpose of extending a public infrastructure |
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212 | 212 | | improvement beyond the district's boundaries to a logical terminus. |
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213 | 213 | | Sec. 3898.104. DEVELOPMENT CORPORATION POWERS. The |
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214 | 214 | | district, using money available to the district, may exercise the |
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215 | 215 | | powers given to a development corporation under Chapter 505, Local |
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216 | 216 | | Government Code, including the power to own, operate, acquire, |
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217 | 217 | | construct, lease, improve, or maintain a project under that |
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218 | 218 | | chapter. |
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219 | 219 | | Sec. 3898.105. NONPROFIT CORPORATION. (a) The board by |
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220 | 220 | | resolution may authorize the creation of a nonprofit corporation to |
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221 | 221 | | assist and act for the district in implementing a project or |
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222 | 222 | | providing a service authorized by this chapter. |
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223 | 223 | | (b) The nonprofit corporation: |
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224 | 224 | | (1) has each power of and is considered to be a local |
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225 | 225 | | government corporation created under Subchapter D, Chapter 431, |
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226 | 226 | | Transportation Code; and |
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227 | 227 | | (2) may implement any project and provide any service |
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228 | 228 | | authorized by this chapter. |
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229 | 229 | | (c) The board shall appoint the board of directors of the |
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230 | 230 | | nonprofit corporation. The board of directors of the nonprofit |
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231 | 231 | | corporation shall serve in the same manner as the board of directors |
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232 | 232 | | of a local government corporation created under Subchapter D, |
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233 | 233 | | Chapter 431, Transportation Code, except that a board member is not |
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234 | 234 | | required to reside in the district. |
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235 | 235 | | Sec. 3898.106. AGREEMENTS; GRANTS. (a) As provided by |
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236 | 236 | | Chapter 375, Local Government Code, the district may make an |
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237 | 237 | | agreement with or accept a gift, grant, or loan from any person. |
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238 | 238 | | (b) The implementation of a project is a governmental |
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239 | 239 | | function or service for the purposes of Chapter 791, Government |
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240 | 240 | | Code. |
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241 | 241 | | Sec. 3898.107. LAW ENFORCEMENT SERVICES. To protect the |
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242 | 242 | | public interest, the district may contract with a qualified party, |
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243 | 243 | | including the county or the city, to provide law enforcement |
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244 | 244 | | services in the district for a fee. |
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245 | 245 | | Sec. 3898.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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246 | 246 | | district may join and pay dues to a charitable or nonprofit |
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247 | 247 | | organization that performs a service or provides an activity |
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248 | 248 | | consistent with the furtherance of a district purpose. |
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249 | 249 | | Sec. 3898.109. ECONOMIC DEVELOPMENT. (a) The district may |
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250 | 250 | | engage in activities that accomplish the economic development |
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251 | 251 | | purposes of the district. |
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252 | 252 | | (b) The district may establish and provide for the |
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253 | 253 | | administration of one or more programs to promote state or local |
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254 | 254 | | economic development and to stimulate business and commercial |
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255 | 255 | | activity in the district, including programs to: |
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256 | 256 | | (1) make loans and grants of public money; and |
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257 | 257 | | (2) provide district personnel and services. |
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258 | 258 | | (c) The district may create economic development programs |
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259 | 259 | | and exercise the economic development powers that: |
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260 | 260 | | (1) Chapter 380, Local Government Code, provides to a |
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261 | 261 | | municipality; and |
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262 | 262 | | (2) Subchapter A, Chapter 1509, Government Code, |
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263 | 263 | | provides to a municipality. |
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264 | 264 | | Sec. 3898.110. NO EMINENT DOMAIN POWER. The district may |
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265 | 265 | | not exercise the power of eminent domain. |
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266 | 266 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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267 | 267 | | Sec. 3898.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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268 | 268 | | board by resolution shall establish the number of signatures and |
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269 | 269 | | the procedure required for a disbursement or transfer of the |
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270 | 270 | | district's money. |
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271 | 271 | | Sec. 3898.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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272 | 272 | | The district may acquire, construct, finance, operate, or maintain |
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273 | 273 | | an improvement project or service authorized under this chapter or |
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274 | 274 | | Chapter 375, Local Government Code, using any money available to |
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275 | 275 | | the district. |
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276 | 276 | | Sec. 3898.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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277 | 277 | | BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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278 | 278 | | secure the payment or repayment of any bond, note, or other |
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279 | 279 | | temporary or permanent obligation or reimbursement or other |
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280 | 280 | | contract with any person and the costs and expenses of the |
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281 | 281 | | establishment, administration, and operation of the district and |
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282 | 282 | | the district's costs or share of the costs or revenue of an |
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283 | 283 | | improvement project or district contractual obligation or |
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284 | 284 | | indebtedness by: |
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285 | 285 | | (1) the imposition of an ad valorem tax or sales and |
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286 | 286 | | use tax or an assessment, user fee, concession fee, or rental |
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287 | 287 | | charge; or |
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288 | 288 | | (2) any other revenue or resources of the district, or |
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289 | 289 | | other revenue authorized by the city, including revenues from a tax |
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290 | 290 | | increment reinvestment zone created by the city under applicable |
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291 | 291 | | law. |
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292 | 292 | | Sec. 3898.154. PETITION REQUIRED FOR FINANCING SERVICES AND |
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293 | 293 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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294 | 294 | | service or improvement project with assessments under this chapter |
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295 | 295 | | unless a written petition requesting that service or improvement |
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296 | 296 | | has been filed with the board. |
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297 | 297 | | (b) The petition must be signed by: |
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298 | 298 | | (1) the owners of a majority of the assessed value of |
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299 | 299 | | real property in the district subject to assessment according to |
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300 | 300 | | the most recent certified tax appraisal roll for the county; or |
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301 | 301 | | (2) at least 25 persons who own real property in the |
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302 | 302 | | district subject to assessment, if more than 25 persons own real |
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303 | 303 | | property in the district subject to assessment as determined by the |
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304 | 304 | | most recent certified tax appraisal roll for the county. |
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305 | 305 | | Sec. 3898.155. METHOD OF NOTICE FOR HEARING. The district |
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306 | 306 | | may mail the notice required by Section 375.115(c), Local |
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307 | 307 | | Government Code, by certified or first class United States mail. |
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308 | 308 | | The board shall determine the method of notice. |
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309 | 309 | | Sec. 3898.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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310 | 310 | | (a) The board by resolution may impose and collect an assessment |
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311 | 311 | | for any purpose authorized by this chapter in all or any part of the |
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312 | 312 | | district. |
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313 | 313 | | (b) An assessment, a reassessment, or an assessment |
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314 | 314 | | resulting from an addition to or correction of the assessment roll |
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315 | 315 | | by the district, penalties and interest on an assessment or |
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316 | 316 | | reassessment, an expense of collection, and reasonable attorney's |
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317 | 317 | | fees incurred by the district: |
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318 | 318 | | (1) are a first and prior lien against the property |
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319 | 319 | | assessed; |
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320 | 320 | | (2) are superior to any other lien or claim other than |
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321 | 321 | | a lien or claim for county, school district, or municipal ad valorem |
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322 | 322 | | taxes; and |
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323 | 323 | | (3) are the personal liability of and a charge against |
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324 | 324 | | the owners of the property even if the owners are not named in the |
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325 | 325 | | assessment proceedings. |
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326 | 326 | | (c) The lien is effective from the date of the board's |
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327 | 327 | | resolution imposing the assessment until the date the assessment is |
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328 | 328 | | paid. The board may enforce the lien in the same manner that the |
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329 | 329 | | board may enforce an ad valorem tax lien against real property. |
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330 | 330 | | (d) The board may make a correction to or deletion from the |
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331 | 331 | | assessment roll that does not increase the amount of assessment of |
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332 | 332 | | any parcel of land without providing notice and holding a hearing in |
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333 | 333 | | the manner required for additional assessments. |
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334 | 334 | | Sec. 3898.157. STORM WATER USER CHARGES. The district may |
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335 | 335 | | establish user charges related to the operation of storm water |
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336 | 336 | | facilities, including the regulation of storm water for the |
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337 | 337 | | protection of water quality in the district. |
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338 | 338 | | Sec. 3898.158. NONPOTABLE WATER USER CHARGES. The district |
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339 | 339 | | may establish user charges for the use of nonpotable water for |
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340 | 340 | | irrigation purposes, subject to approval of the governing body of |
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341 | 341 | | the city. |
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342 | 342 | | Sec. 3898.159. COSTS FOR IMPROVEMENT PROJECTS. The |
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343 | 343 | | district may undertake separately or jointly with other persons, |
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344 | 344 | | including the city or county, all or part of the cost of an |
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345 | 345 | | improvement project, including an improvement project: |
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346 | 346 | | (1) for improving, enhancing, and supporting public |
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347 | 347 | | safety and security, fire protection and emergency medical |
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348 | 348 | | services, and law enforcement in or adjacent to the district; or |
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349 | 349 | | (2) that confers a general benefit on the entire |
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350 | 350 | | district or a special benefit on a definable part of the district. |
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351 | 351 | | Sec. 3898.160. TAX AND ASSESSMENT ABATEMENTS. The district |
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352 | 352 | | may designate reinvestment zones and may grant abatements of a tax |
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353 | 353 | | or assessment on property in the zones. |
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354 | 354 | | SUBCHAPTER E. TAXES AND BONDS |
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355 | 355 | | Sec. 3898.201. TAX ABATEMENT. The district may enter into a |
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356 | 356 | | tax abatement agreement in accordance with the general laws of this |
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357 | 357 | | state authorizing and applicable to a tax abatement agreement by a |
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358 | 358 | | municipality. |
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359 | 359 | | Sec. 3898.202. PROPERTY TAX AUTHORIZED. (a) The district |
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360 | 360 | | may impose an ad valorem tax on all taxable property in the district |
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361 | 361 | | to: |
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362 | 362 | | (1) pay for an improvement project of the types |
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363 | 363 | | authorized by Section 52(b), Article III, and Section 59, Article |
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364 | 364 | | XVI, Texas Constitution; or |
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365 | 365 | | (2) secure the payment of bonds issued for a purpose |
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366 | 366 | | described by Subdivision (1). |
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367 | 367 | | (b) The district may not impose an ad valorem tax to pay for |
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368 | 368 | | an improvement project under this chapter unless the imposition is |
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369 | 369 | | approved by the voters of the district voting at an election held |
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370 | 370 | | for that purpose. The board may call an election to approve the |
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371 | 371 | | imposition of an ad valorem tax to pay for an improvement project |
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372 | 372 | | under this chapter only if the board receives a petition requesting |
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373 | 373 | | the election signed by: |
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374 | 374 | | (1) more than 51 percent of the record owners of real |
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375 | 375 | | property in the district subject to taxation; or |
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376 | 376 | | (2) owners representing more than 51 percent of the |
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377 | 377 | | appraised value of real property in the district subject to |
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378 | 378 | | taxation, as determined by the tax rolls of the appraisal district. |
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379 | 379 | | Sec. 3898.203. SALES AND USE TAX. (a) The district may |
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380 | 380 | | impose a sales and use tax if authorized by a majority of the voters |
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381 | 381 | | of the district voting at an election called for that purpose. |
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382 | 382 | | Revenue from the tax may be used for any purpose for which ad |
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383 | 383 | | valorem tax revenue of the district may be used. |
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384 | 384 | | (b) The district may not adopt a sales and use tax if as a |
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385 | 385 | | result of the adoption of the tax the combined rate of all sales and |
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386 | 386 | | use taxes imposed by the district and other political subdivisions |
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387 | 387 | | of this state having territory in the district would exceed two |
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388 | 388 | | percent at any location in the district. |
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389 | 389 | | (c) If the voters of the district approve the adoption of |
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390 | 390 | | the tax at an election held on the same election date on which |
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391 | 391 | | another political subdivision adopts a sales and use tax or |
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392 | 392 | | approves an increase in the rate of its sales and use tax and as a |
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393 | 393 | | result the combined rate of all sales and use taxes imposed by the |
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394 | 394 | | district and other political subdivisions of this state having |
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395 | 395 | | territory in the district would exceed two percent at any location |
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396 | 396 | | in the district, the election to adopt a sales and use tax under |
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397 | 397 | | this chapter has no effect. |
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398 | 398 | | Sec. 3898.204. BONDS AND OTHER OBLIGATIONS. (a) The |
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399 | 399 | | district may issue, by public or private sale, bonds, notes, or |
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400 | 400 | | other obligations payable wholly or partly from ad valorem taxes, |
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401 | 401 | | sales and use taxes, or assessments in the manner provided by |
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402 | 402 | | Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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403 | 403 | | Government Code. |
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404 | 404 | | (b) In exercising the district's borrowing power, the |
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405 | 405 | | district may issue a bond or other obligation in the form of a bond, |
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406 | 406 | | note, certificate of participation or other instrument evidencing a |
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407 | 407 | | proportionate interest in payments to be made by the district, or |
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408 | 408 | | other type of obligation. |
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409 | 409 | | (c) In addition to the sources of money described by |
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410 | 410 | | Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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411 | 411 | | Government Code, district bonds may be secured and made payable |
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412 | 412 | | wholly or partly by a pledge of any part of the money the district |
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413 | 413 | | receives from improvement revenue or from any other source. |
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414 | 414 | | Sec. 3898.205. BOND MATURITY. Bonds may mature not more |
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415 | 415 | | than 40 years from their date of issue. |
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416 | 416 | | Sec. 3898.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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417 | 417 | | the time bonds or other obligations payable wholly or partly from ad |
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418 | 418 | | valorem taxes are issued: |
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419 | 419 | | (1) the board shall impose a continuing direct annual |
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420 | 420 | | ad valorem tax for each year that all or part of the bonds are |
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421 | 421 | | outstanding; and |
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422 | 422 | | (2) the district annually shall impose an ad valorem |
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423 | 423 | | tax on all taxable property in the district in an amount sufficient |
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424 | 424 | | to: |
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425 | 425 | | (A) pay the interest on the bonds or other |
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426 | 426 | | obligations as the interest becomes due; and |
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427 | 427 | | (B) create a sinking fund for the payment of the |
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428 | 428 | | principal of the bonds or other obligations when due or the |
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429 | 429 | | redemption price at any earlier required redemption date. |
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430 | 430 | | SUBCHAPTER F. DISSOLUTION |
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431 | 431 | | Sec. 3898.251. DISSOLUTION BY CITY ORDINANCE. (a) The |
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432 | 432 | | city by ordinance may dissolve the district. |
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433 | 433 | | (b) The city may not dissolve the district until the |
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434 | 434 | | district's outstanding debt or contractual obligations that are |
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435 | 435 | | payable from ad valorem taxes have been repaid or discharged, or the |
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436 | 436 | | city has affirmatively assumed the obligation to pay the |
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437 | 437 | | outstanding debt from city revenue. |
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438 | 438 | | Sec. 3898.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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439 | 439 | | (a) If the dissolved district has bonds or other obligations |
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440 | 440 | | outstanding secured by and payable from assessments or other |
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441 | 441 | | revenue, other than ad valorem taxes, the city shall succeed to the |
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442 | 442 | | rights and obligations of the district regarding enforcement and |
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443 | 443 | | collection of the assessments or other revenue. |
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444 | 444 | | (b) The city shall have and exercise all district powers to |
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445 | 445 | | enforce and collect the assessments or other revenue to pay: |
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446 | 446 | | (1) the bonds or other obligations when due and |
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447 | 447 | | payable according to their terms; or |
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448 | 448 | | (2) special revenue or assessment bonds or other |
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449 | 449 | | obligations issued by the city to refund the outstanding bonds or |
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450 | 450 | | obligations. |
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451 | 451 | | Sec. 3898.253. CONCURRENCE ON ADDITIONAL POWERS. If the |
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452 | 452 | | legislature grants the district a power that is in addition to the |
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453 | 453 | | powers approved by the initial resolution of the governing body of |
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454 | 454 | | the city consenting to the creation of the district, the district |
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455 | 455 | | may not exercise that power unless the governing body of the city |
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456 | 456 | | consents to that change by resolution. |
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457 | 457 | | Sec. 3898.254. ASSUMPTION OF ASSETS AND LIABILITIES. |
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458 | 458 | | (a) After the city dissolves the district, the city assumes, |
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459 | 459 | | subject to the appropriation and availability of funds, the |
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460 | 460 | | obligations of the district, including any bonds or other debt |
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461 | 461 | | payable from assessments or other district revenue. |
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462 | 462 | | (b) If the city dissolves the district, the board shall |
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463 | 463 | | transfer ownership of all district property to the city. |
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464 | 464 | | SECTION 2. The Fort Bend County Improvement District No. 24 |
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465 | 465 | | initially includes all the territory contained in the following |
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466 | 466 | | area: |
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467 | 467 | | The Fort Bend County Improvement District is comprised of 93.243 |
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468 | 468 | | acres located at the northeast corner of Farm-to-Market (FM) Road |
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469 | 469 | | 1093 and FM Road 1463 with the beginning point at the north |
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470 | 470 | | right-of-way (ROW) of FM 1093 and east ROW of FM 1463 and the |
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471 | 471 | | southwest corner of 8.81 ac. parcel (0274 R H KUYKENDALL, ACRES |
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472 | 472 | | 8.81); Then north along east ROW of FM 1463 and coincident west |
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473 | 473 | | boundary of 8.81 ac. parcel (0274 R H KUYKENDALL, ACRES 8.81), and |
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474 | 474 | | 84.013 ac. parcel (0421 T W SOUTHERLAND, ACRES 84.013) to northwest |
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475 | 475 | | corner of said 84.013 ac. parcel; Then east along north boundary of |
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476 | 476 | | said 84.013 ac. parcel to northeast corner of said parcel; Then |
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477 | 477 | | south along east boundary of said 84.013 ac. parcel, and 0.42 ac. |
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478 | 478 | | parcel (0574 JOHN FOSTER, ACRES .42) to southeast corner of said |
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479 | 479 | | 0.42 ac. parcel and north ROW of FM 1093; Then west southwest along |
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480 | 480 | | south boundary of said 0.42 acre parcel, and 8.81 ac. parcel (0274 R |
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481 | 481 | | H KUYKENDALL, ACRES 8.81) to southwest corner of said 8.81 ac. |
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482 | 482 | | parcel and beginning point of 93.243 acre tract. |
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483 | 483 | | SECTION 3. (a) The legal notice of the intention to |
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484 | 484 | | introduce this Act, setting forth the general substance of this |
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485 | 485 | | Act, has been published as provided by law, and the notice and a |
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486 | 486 | | copy of this Act have been furnished to all persons, agencies, |
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487 | 487 | | officials, or entities to which they are required to be furnished |
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488 | 488 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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489 | 489 | | Government Code. |
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490 | 490 | | (b) The governor, one of the required recipients, has |
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491 | 491 | | submitted the notice and Act to the Texas Commission on |
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492 | 492 | | Environmental Quality. |
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493 | 493 | | (c) The Texas Commission on Environmental Quality has filed |
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494 | 494 | | its recommendations relating to this Act with the governor, |
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495 | 495 | | lieutenant governor, and speaker of the house of representatives |
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496 | 496 | | within the required time. |
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497 | 497 | | (d) The general law relating to consent by political |
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498 | 498 | | subdivisions to the creation of districts with conservation, |
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499 | 499 | | reclamation, and road powers and the inclusion of land in those |
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500 | 500 | | districts has been complied with. |
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501 | 501 | | (e) All requirements of the constitution and laws of this |
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502 | 502 | | state and the rules and procedures of the legislature with respect |
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503 | 503 | | to the notice, introduction, and passage of this Act have been |
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504 | 504 | | fulfilled and accomplished. |
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505 | 505 | | SECTION 4. This Act takes effect immediately if it receives |
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506 | 506 | | a vote of two-thirds of all the members elected to each house, as |
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507 | 507 | | provided by Section 39, Article III, Texas Constitution. If this |
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508 | 508 | | Act does not receive the vote necessary for immediate effect, this |
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509 | 509 | | Act takes effect September 1, 2013. |
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