4 | 10 | | AN ACT |
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5 | 11 | | relating to the creation of Telfair Tract 5 Commercial Management |
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6 | 12 | | District; providing authority to issue bonds; providing authority |
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7 | 13 | | to impose assessments, fees, or taxes. |
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8 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 15 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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10 | 16 | | Code, is amended by adding Chapter 3953 to read as follows: |
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11 | 17 | | CHAPTER 3953. TELFAIR TRACT 5 COMMERCIAL MANAGEMENT DISTRICT |
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12 | 18 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 19 | | Sec. 3953.001. DEFINITIONS. In this chapter: |
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14 | 20 | | (1) "Board" means the district's board of directors. |
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15 | 21 | | (2) "City" means the City of Sugar Land. |
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16 | 22 | | (3) "Director" means a board member. |
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17 | 23 | | (4) "District" means the Telfair Tract 5 Commercial |
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18 | 24 | | Management District. |
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19 | 25 | | Sec. 3953.002. NATURE OF DISTRICT. The district is a |
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20 | 26 | | special district created under Section 59, Article XVI, Texas |
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21 | 27 | | Constitution. |
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22 | 28 | | Sec. 3953.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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23 | 29 | | creation of the district is essential to accomplish the purposes of |
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24 | 30 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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25 | 31 | | Texas Constitution, and other public purposes stated in this |
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26 | 32 | | chapter. By creating the district and in authorizing the city and |
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27 | 33 | | other political subdivisions to contract with the district, the |
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28 | 34 | | legislature has established a program to accomplish the public |
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29 | 35 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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30 | 36 | | (b) The creation of the district is necessary to promote, |
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31 | 37 | | develop, encourage, and maintain employment, commerce, |
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32 | 38 | | transportation, housing, tourism, recreation, the arts, |
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33 | 39 | | entertainment, economic development, safety, and the public |
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34 | 40 | | welfare in the district. |
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35 | 41 | | (c) This chapter and the creation of the district may not be |
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36 | 42 | | interpreted to relieve the city from providing the level of |
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37 | 43 | | services provided as of the effective date of the Act enacting this |
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38 | 44 | | chapter. The district is created to supplement and not to supplant |
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39 | 45 | | city services provided in the district. |
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40 | 46 | | Sec. 3953.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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41 | 47 | | The district is created to serve a public use and benefit. |
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42 | 48 | | (b) All land and other property included in the district |
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43 | 49 | | will benefit from the improvements and services to be provided by |
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44 | 50 | | the district under powers conferred by Sections 52 and 52-a, |
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45 | 51 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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46 | 52 | | other powers granted under this chapter. |
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47 | 53 | | (c) The creation of the district is in the public interest |
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48 | 54 | | and is essential to further the public purposes of: |
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49 | 55 | | (1) developing and diversifying the economy of the |
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50 | 56 | | state; |
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51 | 57 | | (2) eliminating unemployment and underemployment; and |
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52 | 58 | | (3) developing or expanding transportation and |
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53 | 59 | | commerce. |
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54 | 60 | | (d) The district will: |
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55 | 61 | | (1) promote the health, safety, and general welfare of |
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56 | 62 | | residents, employers, potential employees, employees, visitors, |
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57 | 63 | | and consumers in the district, and of the public; |
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58 | 64 | | (2) provide needed funding for the district to |
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59 | 65 | | preserve, maintain, and enhance the economic health and vitality of |
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60 | 66 | | the district territory as a community and business center; and |
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61 | 67 | | (3) promote the health, safety, welfare, and enjoyment |
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62 | 68 | | of the public by providing pedestrian ways and by landscaping and |
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63 | 69 | | developing certain areas in the district, which are necessary for |
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64 | 70 | | the restoration, preservation, and enhancement of scenic beauty. |
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65 | 71 | | (e) Pedestrian ways along or across a street, whether at |
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66 | 72 | | grade or above or below the surface, and street lighting, street |
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67 | 73 | | landscaping, parking, and street art objects are parts of and |
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68 | 74 | | necessary components of a street and are considered to be a street |
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69 | 75 | | or road improvement. |
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70 | 76 | | (f) The district will not act as the agent or |
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71 | 77 | | instrumentality of any private interest even though the district |
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72 | 78 | | will benefit many private interests as well as the public. |
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73 | 79 | | Sec. 3953.005. INITIAL DISTRICT TERRITORY. (a) The |
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74 | 80 | | district is initially composed of the territory described by |
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75 | 81 | | Section 2 of the Act enacting this chapter. |
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76 | 82 | | (b) The boundaries and field notes contained in Section 2 of |
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77 | 83 | | the Act enacting this chapter form a closure. A mistake in the |
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78 | 84 | | field notes or in copying the field notes in the legislative process |
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79 | 85 | | does not affect the district's: |
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80 | 86 | | (1) organization, existence, or validity; |
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81 | 87 | | (2) right to issue any type of bonds for the purposes |
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82 | 88 | | for which the district is created or to pay the principal of and |
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83 | 89 | | interest on the bonds; |
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84 | 90 | | (3) right to impose or collect an assessment or tax; or |
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85 | 91 | | (4) legality or operation. |
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86 | 92 | | Sec. 3953.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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87 | 93 | | (a) All or any part of the area of the district is eligible to be |
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88 | 94 | | included in: |
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89 | 95 | | (1) a tax increment reinvestment zone created under |
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90 | 96 | | Chapter 311, Tax Code; |
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91 | 97 | | (2) a tax abatement reinvestment zone created under |
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92 | 98 | | Chapter 312, Tax Code; |
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93 | 99 | | (3) an enterprise zone created under Chapter 2303, |
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94 | 100 | | Government Code; or |
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95 | 101 | | (4) an industrial district created under Chapter 42, |
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96 | 102 | | Local Government Code. |
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97 | 103 | | (b) If the city creates a tax increment reinvestment zone |
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98 | 104 | | described by Subsection (a), the city and the board of directors of |
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99 | 105 | | the zone, by contract with the district, may grant money deposited |
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100 | 106 | | in the tax increment fund to the district to be used by the district |
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101 | 107 | | for the purposes permitted for money granted to a corporation under |
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102 | 108 | | Section 380.002(b), Local Government Code, including the right to |
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103 | 109 | | pledge the money as security for any bonds issued by the district |
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104 | 110 | | for an improvement project. A project may not receive public funds |
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105 | 111 | | under Section 380.002(b), Local Government Code, unless the project |
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106 | 112 | | has been approved by the governing body of the city. |
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107 | 113 | | Sec. 3953.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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108 | 114 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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109 | 115 | | Chapter 375, Local Government Code, applies to the district. |
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110 | 116 | | Sec. 3953.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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111 | 117 | | be liberally construed in conformity with the findings and purposes |
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112 | 118 | | stated in this chapter. |
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113 | 119 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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114 | 120 | | Sec. 3953.051. GOVERNING BODY; TERMS. (a) The district is |
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115 | 121 | | governed by a board of nine voting directors appointed by the |
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116 | 122 | | governing body of the city under Section 3953.052 who serve |
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117 | 123 | | staggered terms of four years with four or five directors' terms |
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118 | 124 | | expiring June 1 of each odd-numbered year. |
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119 | 125 | | (b) The board by resolution may increase or decrease the |
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120 | 126 | | number of voting directors on the board if the board determines the |
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121 | 127 | | change is in the best interest of the district. The board may not: |
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122 | 128 | | (1) increase the number of voting directors to more |
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123 | 129 | | than 20; or |
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124 | 130 | | (2) decrease the number of voting directors to fewer |
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125 | 131 | | than nine. |
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126 | 132 | | Sec. 3953.052. APPOINTMENT OF VOTING DIRECTORS; |
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127 | 133 | | QUALIFICATIONS. (a) In this section, "city stakeholder" means: |
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128 | 134 | | (1) a person who owns property in the city; |
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129 | 135 | | (2) an owner of stock or of a partnership interest or |
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130 | 136 | | membership interest, whether beneficial or otherwise, of a |
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131 | 137 | | corporation, corporate partnership, limited liability company, or |
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132 | 138 | | other entity that owns a direct or indirect interest in property in |
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133 | 139 | | the city; |
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134 | 140 | | (3) an owner of a beneficial interest in a trust that |
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135 | 141 | | owns a direct or indirect interest in property in the city; or |
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136 | 142 | | (4) an agent, employee, or tenant of a person |
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137 | 143 | | described by Subdivision (1), (2), or (3). |
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138 | 144 | | (b) The governing body of the city shall appoint to serve as |
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139 | 145 | | voting directors the appropriate number of qualified persons. In |
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140 | 146 | | appointing voting directors, the governing body shall ensure that |
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141 | 147 | | the resulting board has city stakeholders serving in at least |
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142 | 148 | | two-thirds of the voting director positions. |
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143 | 149 | | (c) In determining persons to serve as voting directors, the |
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144 | 150 | | governing body shall consider for appointment: |
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145 | 151 | | (1) persons recommended by the board; and |
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146 | 152 | | (2) a number of persons recommended by any city |
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147 | 153 | | stakeholder who makes a recommendation and who owns at least seven |
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148 | 154 | | acres of land inside the district's boundaries, except that the |
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149 | 155 | | number of persons recommended for consideration by the city |
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150 | 156 | | stakeholder may not exceed a total of one person for the first seven |
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151 | 157 | | acres of land the city stakeholder owns and not more than one |
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152 | 158 | | additional person for each additional 15 acres the city stakeholder |
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153 | 159 | | owns. |
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154 | 160 | | (d) The governing body is not bound by the recommendations |
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155 | 161 | | of the board or a city stakeholder and may appoint as a voting |
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156 | 162 | | director any qualified person. |
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157 | 163 | | Sec. 3953.053. NONVOTING DIRECTORS. The board may appoint |
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158 | 164 | | nonvoting directors to serve on the board. |
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159 | 165 | | Sec. 3953.054. REMOVAL OF DIRECTORS. (a) The board shall |
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160 | 166 | | remove a director if the director has missed at least half the |
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161 | 167 | | meetings scheduled during the preceding 12 months. |
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162 | 168 | | (b) A director removed under this section may file a written |
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163 | 169 | | appeal with the governing body of the city. The governing body may |
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164 | 170 | | reinstate the director if the body finds that the removal was |
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165 | 171 | | unwarranted under the circumstances after considering the reasons |
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166 | 172 | | for the absences. |
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167 | 173 | | Sec. 3953.055. QUORUM. For purposes of determining the |
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168 | 174 | | requirements for a quorum of the board, the following are not |
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169 | 175 | | counted: |
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170 | 176 | | (1) a board position vacant for any reason, including |
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171 | 177 | | death, resignation, or disqualification; |
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172 | 178 | | (2) a director who is abstaining from participation in |
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173 | 179 | | a vote because of a conflict of interest; or |
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174 | 180 | | (3) a nonvoting director. |
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175 | 181 | | Sec. 3953.056. INITIAL VOTING DIRECTORS. (a) The initial |
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176 | 182 | | board consists of the following voting directors: |
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177 | 183 | | Pos. No. Name of Director Pos. No. Name of Director |
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178 | 184 | | Pos. No. Name of Director |
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179 | 185 | | 1 Steve Griffith 1 Steve Griffith |
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180 | 186 | | 1 Steve Griffith |
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181 | 187 | | 2 Jennifer Brown 2 Jennifer Brown |
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182 | 188 | | 2 Jennifer Brown |
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183 | 189 | | 3 Gary Becker 3 Gary Becker |
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184 | 190 | | 3 Gary Becker |
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185 | 191 | | 4 Michael Schiff 4 Michael Schiff |
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186 | 192 | | 4 Michael Schiff |
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187 | 193 | | 5 Greg Wine 5 Greg Wine |
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188 | 194 | | 5 Greg Wine |
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189 | 195 | | 6 Bob McPherson 6 Bob McPherson |
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190 | 196 | | 6 Bob McPherson |
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191 | 197 | | 7 Alan Bauer 7 Alan Bauer |
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192 | 198 | | 7 Alan Bauer |
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193 | 199 | | 8 Dan Whitton 8 Dan Whitton |
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194 | 200 | | 8 Dan Whitton |
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195 | 201 | | 9 Brandi Coatsworth 9 Brandi Coatsworth |
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196 | 202 | | 9 Brandi Coatsworth |
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197 | 203 | | (b) Of the initial directors, the terms of directors |
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198 | 204 | | appointed for positions one through five expire June 1, 2019, and |
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199 | 205 | | the terms of directors appointed for positions six through nine |
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200 | 206 | | expire June 1, 2021. |
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201 | 207 | | (c) Section 3953.052 does not apply to this section. |
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202 | 208 | | (d) This section expires September 1, 2021. |
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203 | 209 | | SUBCHAPTER C. POWERS AND DUTIES |
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204 | 210 | | Sec. 3953.101. GENERAL POWERS AND DUTIES. The district has |
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205 | 211 | | the powers and duties necessary to accomplish the purposes for |
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206 | 212 | | which the district is created. |
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207 | 213 | | Sec. 3953.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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208 | 214 | | district may provide, design, construct, acquire, improve, |
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209 | 215 | | relocate, operate, maintain, or finance an improvement project or |
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210 | 216 | | service using any money available to the district, or contract with |
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211 | 217 | | a governmental or private entity to provide, design, construct, |
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212 | 218 | | acquire, improve, relocate, operate, maintain, or finance an |
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213 | 219 | | improvement project or service authorized under this chapter or |
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214 | 220 | | Chapter 372 or 375, Local Government Code. |
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215 | 221 | | Sec. 3953.103. LOCATION OF IMPROVEMENT PROJECT. An |
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216 | 222 | | improvement project described by Section 3953.102 may be located: |
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217 | 223 | | (1) in the district; or |
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218 | 224 | | (2) in an area outside the district if the project is |
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219 | 225 | | for the purpose of extending a public infrastructure improvement |
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220 | 226 | | beyond the district's boundaries to a logical terminus. |
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221 | 227 | | Sec. 3953.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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222 | 228 | | district has the powers provided by Chapter 372, Local Government |
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223 | 229 | | Code, to a municipality or county. |
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224 | 230 | | Sec. 3953.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The |
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225 | 231 | | district has the powers provided by Chapter 375, Local Government |
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226 | 232 | | Code. |
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227 | 233 | | Sec. 3953.106. DEVELOPMENT CORPORATION POWERS. The |
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228 | 234 | | district, using money available to the district, may exercise the |
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229 | 235 | | powers given to a development corporation under Chapter 505, Local |
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230 | 236 | | Government Code, including the power to own, operate, acquire, |
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231 | 237 | | construct, lease, improve, or maintain a project under that |
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232 | 238 | | chapter. |
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233 | 239 | | Sec. 3953.107. NONPROFIT CORPORATION. (a) The board by |
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234 | 240 | | resolution may authorize the creation of a nonprofit corporation to |
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235 | 241 | | assist and act for the district in implementing a project or |
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236 | 242 | | providing a service authorized by this chapter. |
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237 | 243 | | (b) The nonprofit corporation: |
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238 | 244 | | (1) has each power of and is considered to be a local |
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239 | 245 | | government corporation created under Subchapter D, Chapter 431, |
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240 | 246 | | Transportation Code; and |
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241 | 247 | | (2) may implement any project and provide any service |
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242 | 248 | | authorized by this chapter. |
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243 | 249 | | (c) The board shall appoint the board of directors of the |
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244 | 250 | | nonprofit corporation. The board of directors of the nonprofit |
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245 | 251 | | corporation shall serve in the same manner as the board of directors |
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246 | 252 | | of a local government corporation created under Subchapter D, |
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247 | 253 | | Chapter 431, Transportation Code, except that a board member is not |
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248 | 254 | | required to reside in the district. |
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249 | 255 | | Sec. 3953.108. AGREEMENTS; GRANTS. (a) As provided by |
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250 | 256 | | Chapter 375, Local Government Code, the district may make an |
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251 | 257 | | agreement with or accept a gift, grant, or loan from any person. |
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252 | 258 | | (b) The implementation of a project is a governmental |
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253 | 259 | | function or service for the purposes of Chapter 791, Government |
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254 | 260 | | Code. |
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255 | 261 | | Sec. 3953.109. LAW ENFORCEMENT SERVICES. To protect the |
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256 | 262 | | public interest, the district may contract with a qualified party |
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257 | 263 | | to provide law enforcement services for a fee. |
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258 | 264 | | Sec. 3953.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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259 | 265 | | district may join and pay dues to a charitable or nonprofit |
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260 | 266 | | organization that performs a service or provides an activity |
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261 | 267 | | consistent with the furtherance of a district purpose. |
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262 | 268 | | Sec. 3953.111. ECONOMIC DEVELOPMENT. (a) The district may |
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263 | 269 | | engage in activities that accomplish the economic development |
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264 | 270 | | purposes of the district. |
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265 | 271 | | (b) The district may establish and provide for the |
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266 | 272 | | administration of one or more programs to promote state or local |
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267 | 273 | | economic development and to stimulate business and commercial |
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268 | 274 | | activity, including programs to: |
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269 | 275 | | (1) make loans and grants of public money; and |
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270 | 276 | | (2) provide district personnel and services, |
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271 | 277 | | including for the management of recreational facilities. |
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272 | 278 | | (c) The district may create economic development programs |
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273 | 279 | | and exercise the economic development powers provided to |
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274 | 280 | | municipalities by: |
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275 | 281 | | (1) Chapter 380, Local Government Code; and |
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276 | 282 | | (2) Subchapter A, Chapter 1509, Government Code. |
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277 | 283 | | Sec. 3953.112. PARKING FACILITIES. (a) The district may |
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278 | 284 | | acquire, lease as lessor or lessee, construct, develop, own, |
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279 | 285 | | operate, and maintain parking facilities or a system of parking |
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280 | 286 | | facilities, including lots, garages, parking terminals, or other |
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281 | 287 | | structures or accommodations for parking motor vehicles off the |
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282 | 288 | | streets and related appurtenances. |
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283 | 289 | | (b) The district's parking facilities serve the public |
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284 | 290 | | purposes of the district and are owned, used, and held for a public |
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285 | 291 | | purpose even if leased or operated by a private entity for a term of |
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286 | 292 | | years. |
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287 | 293 | | (c) The district's parking facilities are parts of and |
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288 | 294 | | necessary components of a street and are considered to be a street |
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289 | 295 | | or road improvement. |
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290 | 296 | | (d) The development and operation of the district's parking |
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291 | 297 | | facilities may be considered an economic development program. |
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292 | 298 | | Sec. 3953.113. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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293 | 299 | | district may annex land as provided by Subchapter J, Chapter 49, |
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294 | 300 | | Water Code. |
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295 | 301 | | (b) The district may exclude land as provided by Subchapter |
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296 | 302 | | J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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297 | 303 | | Code, does not apply to the district. |
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298 | 304 | | Sec. 3953.114. APPROVAL BY CITY. (a) Except as provided by |
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299 | 305 | | Subsection (b), the district must obtain the approval of the city |
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300 | 306 | | for: |
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301 | 307 | | (1) the issuance of bonds for an improvement project |
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302 | 308 | | financed by the bonds if any part of the project is carried out in |
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303 | 309 | | the corporate limits of the city; and |
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304 | 310 | | (2) the plans and specifications of the improvement |
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305 | 311 | | project financed by the bonds. |
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306 | 312 | | (b) If the district obtains the approval of the city's |
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307 | 313 | | governing body of a capital improvements budget for a period not to |
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308 | 314 | | exceed five years, the district may finance the capital |
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309 | 315 | | improvements and issue bonds specified in the budget without |
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310 | 316 | | further approval from the city. |
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311 | 317 | | Sec. 3953.115. CONCURRENCE ON ADDITIONAL POWERS. If the |
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312 | 318 | | legislature grants the district a power that is in addition to the |
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313 | 319 | | powers approved by the initial resolution of the governing body of |
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314 | 320 | | the city consenting to the creation of the district, the district |
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315 | 321 | | may not exercise that power unless the governing body of the city by |
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316 | 322 | | resolution consents to that change. |
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317 | 323 | | Sec. 3953.116. NO EMINENT DOMAIN POWER. The district may |
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318 | 324 | | not exercise the power of eminent domain. |
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319 | 325 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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320 | 326 | | Sec. 3953.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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321 | 327 | | board by resolution shall establish the number of directors' |
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322 | 328 | | signatures and the procedure required for a disbursement or |
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323 | 329 | | transfer of district money. |
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324 | 330 | | Sec. 3953.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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325 | 331 | | The district may acquire, construct, finance, operate, or maintain |
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326 | 332 | | any improvement or service authorized under this chapter or Chapter |
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327 | 333 | | 375, Local Government Code, using any money available to the |
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328 | 334 | | district. |
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329 | 335 | | Sec. 3953.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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330 | 336 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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331 | 337 | | service or improvement project with assessments under this chapter |
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332 | 338 | | unless a written petition requesting that service or improvement |
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333 | 339 | | has been filed with the board. |
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334 | 340 | | (b) The petition must be signed by the owners of a majority |
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335 | 341 | | of the assessed value of real property in the district subject to |
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336 | 342 | | assessment according to the most recent certified tax appraisal |
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337 | 343 | | roll for the county. |
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338 | 344 | | Sec. 3953.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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339 | 345 | | The board by resolution may impose and collect an assessment for any |
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340 | 346 | | purpose authorized by this chapter in all or any part of the |
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341 | 347 | | district in the manner provided for: |
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342 | 348 | | (1) a district under Subchapters A, E, and F, Chapter |
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343 | 349 | | 375, Local Government Code; or |
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344 | 350 | | (2) a municipality or county under Subchapter A, |
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345 | 351 | | Chapter 372, Local Government Code. |
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346 | 352 | | (b) An assessment, a reassessment, or an assessment |
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347 | 353 | | resulting from an addition to or correction of the assessment roll |
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348 | 354 | | by the district, penalties and interest on an assessment or |
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349 | 355 | | reassessment, an expense of collection, and reasonable attorney's |
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350 | 356 | | fees incurred by the district: |
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351 | 357 | | (1) are a first and prior lien against the property |
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352 | 358 | | assessed; |
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353 | 359 | | (2) are superior to any other lien or claim other than |
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354 | 360 | | a lien or claim for county, school district, or municipal ad valorem |
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355 | 361 | | taxes; and |
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356 | 362 | | (3) are the personal liability of and a charge against |
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357 | 363 | | the owners of the property even if the owners are not named in the |
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358 | 364 | | assessment proceedings. |
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359 | 365 | | (c) The lien is effective from the date of the board's |
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360 | 366 | | resolution imposing the assessment until the date the assessment is |
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361 | 367 | | paid. The board may enforce the lien in the same manner that the |
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362 | 368 | | board may enforce an ad valorem tax lien against real property. |
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363 | 369 | | (d) The board may make a correction to or deletion from the |
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364 | 370 | | assessment roll that does not increase the amount of assessment of |
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365 | 371 | | any parcel of land without providing notice and holding a hearing in |
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366 | 372 | | the manner required for additional assessments. |
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367 | 373 | | Sec. 3953.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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368 | 374 | | 375.161, Local Government Code, does not apply to a tax authorized |
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369 | 375 | | or approved by the voters of the district or a required payment for |
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370 | 376 | | a service provided by the district, including water and sewer |
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371 | 377 | | services. |
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372 | 378 | | Sec. 3953.156. TAX AND ASSESSMENT ABATEMENTS. The district |
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373 | 379 | | may designate reinvestment zones and may grant abatements of |
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374 | 380 | | district taxes or assessments on property in the zones. |
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375 | 381 | | SUBCHAPTER E. TAXES AND BONDS |
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376 | 382 | | Sec. 3953.201. TAX ABATEMENT. The district may enter into a |
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377 | 383 | | tax abatement agreement in accordance with the general laws of this |
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378 | 384 | | state authorizing and applicable to a tax abatement agreement by a |
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379 | 385 | | municipality. |
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380 | 386 | | Sec. 3953.202. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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381 | 387 | | The district may issue, without an election, bonds, notes, and |
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382 | 388 | | other obligations secured by: |
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383 | 389 | | (1) revenue other than ad valorem taxes; or |
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384 | 390 | | (2) contract payments described by Section 3953.204. |
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385 | 391 | | (b) The district must hold an election in the manner |
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386 | 392 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
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387 | 393 | | obtain voter approval before the district may impose an ad valorem |
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388 | 394 | | tax or issue bonds payable from ad valorem taxes. |
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389 | 395 | | (c) Section 375.243, Local Government Code, does not apply |
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390 | 396 | | to the district. |
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391 | 397 | | (d) All or any part of any facilities or improvements that |
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392 | 398 | | may be acquired by a district by the issuance of its bonds may be |
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393 | 399 | | submitted as a single proposition or as several propositions to be |
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394 | 400 | | voted on at the election. |
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395 | 401 | | Sec. 3953.203. OPERATION AND MAINTENANCE TAX. (a) If |
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396 | 402 | | authorized by a majority of the district voters voting at an |
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397 | 403 | | election held in accordance with Section 3953.202, the district may |
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398 | 404 | | impose an operation and maintenance tax on taxable property in the |
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399 | 405 | | district in accordance with Section 49.107, Water Code, for any |
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400 | 406 | | district purpose, including to: |
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401 | 407 | | (1) maintain and operate the district; |
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402 | 408 | | (2) construct or acquire improvements; or |
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403 | 409 | | (3) provide a service. |
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404 | 410 | | (b) The board shall determine the tax rate. The rate may not |
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405 | 411 | | exceed the rate approved at the election. |
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406 | 412 | | (c) Section 49.107(h), Water Code, does not apply to the |
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407 | 413 | | district. |
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408 | 414 | | Sec. 3953.204. CONTRACT TAXES. (a) In accordance with |
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409 | 415 | | Section 49.108, Water Code, the district may impose a tax other than |
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410 | 416 | | an operation and maintenance tax and use the revenue derived from |
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411 | 417 | | the tax to make payments under a contract after the provisions of |
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412 | 418 | | the contract have been approved by a majority of the district voters |
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413 | 419 | | voting at an election held for that purpose. |
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414 | 420 | | (b) A contract approved by the district voters may contain a |
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415 | 421 | | provision stating that the contract may be modified or amended by |
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416 | 422 | | the board without further voter approval. |
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417 | 423 | | Sec. 3953.205. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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418 | 424 | | AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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419 | 425 | | determined by the board. Section 375.205, Local Government Code, |
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420 | 426 | | does not apply to a loan, line of credit, or other borrowing from a |
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421 | 427 | | bank or financial institution secured by revenue other than ad |
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422 | 428 | | valorem taxes. |
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423 | 429 | | (b) The district may issue bonds, notes, or other |
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424 | 430 | | obligations payable wholly or partly from ad valorem taxes, |
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425 | 431 | | assessments, impact fees, revenue, contract payments, grants, or |
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426 | 432 | | other district money, or any combination of those sources of money, |
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427 | 433 | | to pay for any authorized district purpose. |
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428 | 434 | | (c) The limitation on the outstanding principal amount of |
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429 | 435 | | bonds, notes, and other obligations provided by Section 49.4645, |
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430 | 436 | | Water Code, does not apply to the district. |
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431 | 437 | | Sec. 3953.206. TAXES FOR BONDS. At the time the district |
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432 | 438 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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433 | 439 | | board shall provide for the annual imposition of a continuing |
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434 | 440 | | direct annual ad valorem tax, without limit as to rate or amount, |
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435 | 441 | | for each year that all or part of the bonds are outstanding as |
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436 | 442 | | required and in the manner provided by Sections 54.601 and 54.602, |
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437 | 443 | | Water Code. |
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438 | 444 | | SUBCHAPTER F. DISSOLUTION |
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439 | 445 | | Sec. 3953.251. DISSOLUTION BY CITY ORDINANCE. (a) The city |
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440 | 446 | | by ordinance may dissolve the district. |
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441 | 447 | | (b) The city may not dissolve the district until the |
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442 | 448 | | district's outstanding debt or contractual obligations that are |
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443 | 449 | | payable from ad valorem taxes have been repaid or discharged, or the |
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444 | 450 | | city has affirmatively assumed the obligation to pay the |
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445 | 451 | | outstanding debt from city revenue. |
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446 | 452 | | Sec. 3953.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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447 | 453 | | (a) If the dissolved district has bonds or other obligations |
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448 | 454 | | outstanding secured by and payable from assessments or other |
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449 | 455 | | revenue, other than ad valorem taxes, the city shall succeed to the |
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450 | 456 | | rights and obligations of the district regarding enforcement and |
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451 | 457 | | collection of the assessments or other revenue. |
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452 | 458 | | (b) The city shall have and exercise all district powers to |
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453 | 459 | | enforce and collect the assessments or other revenue to pay: |
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454 | 460 | | (1) the bonds or other obligations when due and |
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455 | 461 | | payable according to their terms; or |
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456 | 462 | | (2) special revenue or assessment bonds or other |
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457 | 463 | | obligations issued by the city to refund the outstanding bonds or |
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458 | 464 | | obligations. |
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459 | 465 | | Sec. 3953.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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460 | 466 | | After the city dissolves the district, the city assumes, subject to |
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461 | 467 | | the appropriation and availability of funds, the obligations of the |
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462 | 468 | | district, including any bonds or other debt payable from |
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463 | 469 | | assessments or other district revenue. |
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464 | 470 | | (b) After the district is dissolved, the board shall |
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465 | 471 | | transfer ownership of all district property to the city. |
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466 | 472 | | SECTION 2. The Telfair Tract 5 Commercial Management |
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467 | 473 | | District initially includes all the territory contained in the |
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468 | 474 | | following area: |
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469 | 475 | | Telfair Tract 5 Commercial Management District - Metes and Bounds |
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470 | 476 | | The Point of Beginning is 29°34'35.280" N and 95°38'51.525" W. It |
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471 | 477 | | describes the intersection of University Boulevard E ROW boundary |
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472 | 478 | | and Lexington Boulevard S ROW boundary. |
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473 | 479 | | 1. Proceeding from Point of Beginning to SE ROW line 1555.17 |
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474 | 480 | | feet to limits of Lexington Boulevard ROW adjacent to 21-acre city |
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475 | 481 | | property boundary. |
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476 | 482 | | 2. Heading SE 907.67 feet adjacent to the boundary of city |
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477 | 483 | | property terminating at the limits of the Fort Bend Levee |
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478 | 484 | | Improvement District No. 17 ROW. (F.N. 2014126419 F.B.C.C.F.) |
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479 | 485 | | 3. Heading NW 2076.70 feet adjacent to the SW boundary of |
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480 | 486 | | Fort Bend County Levee Improvement District No. 17 property, |
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481 | 487 | | joining the S Lexington Boulevard ROW boundary. |
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482 | 488 | | 4. Heading E 112.05 feet adjacent to the SE Lexington |
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483 | 489 | | Boulevard ROW line terminating within Fort Bend County Levee |
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484 | 490 | | Improvement District Property at 29°34'55.646"N and 95°38'26.975'W |
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485 | 491 | | 5. Heading N 964.73 feet adjacent to the Fort Bend County |
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486 | 492 | | Levee Improvement District No. 17 Drainage Ditch to the |
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487 | 493 | | intersection of US59 Frontage Texas Department of Transportation S |
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488 | 494 | | ROW. |
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489 | 495 | | 6. Heading SW 2164.11 feet adjacent to US59 Frontage Texas |
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490 | 496 | | Department of Transportation S ROW to intersection of Texas |
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491 | 497 | | Department of Transportation Tract 121, Part 3, bounded by US59 to |
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492 | 498 | | the N and University Boulevard to the W. |
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493 | 499 | | 7. Heading SW 615.96 feet adjacent to US59 Frontage Road ROW |
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494 | 500 | | to intersection of NE ROW boundary of University Boulevard. |
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495 | 501 | | 8. Heading SW 517.90 feet adjacent to the E ROW boundary of |
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496 | 502 | | University Boulevard terminating at the property boundary of Tract |
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497 | 503 | | 121, Part 3 as recorded in the Alexander Hodge Survey Abstract |
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498 | 504 | | Number 32, Fort Bend County, Texas. |
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499 | 505 | | 9. Heading S 328.33 feet adjacent to the University |
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500 | 506 | | Boulevard E ROW boundary, terminating at the S ROW boundary at |
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501 | 507 | | Aberfeldy Street. |
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502 | 508 | | 10. Heading E 680.44 feet adjacent to Aberfeldy Street S |
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503 | 509 | | ROW, bounded by Texas Instruments Inc. (TxDot Tract 5, Block 1, |
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504 | 510 | | 5.921 Ac. Reserve A) to the S, terminating at the intersection of |
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505 | 511 | | Aberfeldy Street and Tamarind Street at 29° 34'40.788" N and |
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506 | 512 | | 95°38'43.515"W |
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507 | 513 | | 11. Heading S 453.13 feet adjacent to Tamarind Street, |
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508 | 514 | | terminating at 29°34'36.228"N and 95°38'44.098"W bounded by |
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509 | 515 | | Lexington Boulevard N ROW boundary to the S and Texas Instruments |
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510 | 516 | | Inc. (TxDot Tract 5, Block 1, 5.921 Ac. Reserve A) to the N. |
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511 | 517 | | 12. Heading W 663.20 feet adjacent to Lexington Boulevard N |
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512 | 518 | | ROW boundary terminating at the intersection of University |
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513 | 519 | | Boulevard E ROW boundary at 29°34'37.083"N and 95°38'51.151"W. |
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514 | 520 | | 13. Heading S 201.19 feet adjacent to the University |
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515 | 521 | | Boulevard terminating at the Point of Beginning containing the |
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516 | 522 | | 319.633 acres of land. |
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517 | 523 | | SECTION 3. (a) The legal notice of the intention to |
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518 | 524 | | introduce this Act, setting forth the general substance of this |
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519 | 525 | | Act, has been published as provided by law, and the notice and a |
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520 | 526 | | copy of this Act have been furnished to all persons, agencies, |
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521 | 527 | | officials, or entities to which they are required to be furnished |
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522 | 528 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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523 | 529 | | Government Code. |
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524 | 530 | | (b) The governor, one of the required recipients, has |
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525 | 531 | | submitted the notice and Act to the Texas Commission on |
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526 | 532 | | Environmental Quality. |
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527 | 533 | | (c) The Texas Commission on Environmental Quality has filed |
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528 | 534 | | its recommendations relating to this Act with the governor, |
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529 | 535 | | lieutenant governor, and speaker of the house of representatives |
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530 | 536 | | within the required time. |
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531 | 537 | | (d) The general law relating to consent by political |
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532 | 538 | | subdivisions to the creation of districts with conservation, |
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533 | 539 | | reclamation, and road powers and the inclusion of land in those |
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534 | 540 | | districts has been complied with. |
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535 | 541 | | (e) All requirements of the constitution and laws of this |
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536 | 542 | | state and the rules and procedures of the legislature with respect |
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537 | 543 | | to the notice, introduction, and passage of this Act have been |
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538 | 544 | | fulfilled and accomplished. |
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539 | 545 | | SECTION 4. This Act takes effect immediately if it receives |
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540 | 546 | | a vote of two-thirds of all the members elected to each house, as |
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541 | 547 | | provided by Section 39, Article III, Texas Constitution. If this |
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542 | 548 | | Act does not receive the vote necessary for immediate effect, this |
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543 | 549 | | Act takes effect September 1, 2017. |
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