4 | 10 | | AN ACT |
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5 | 11 | | relating to the creation of the Beaumont Municipal Management |
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6 | 12 | | District No. 1; providing authority to issue bonds and impose |
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7 | 13 | | 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 3960 to read as follows: |
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11 | 17 | | CHAPTER 3960. BEAUMONT MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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12 | 18 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 19 | | Sec. 3960.001. 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 Beaumont. |
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16 | 22 | | (3) "County" means Jefferson County. |
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17 | 23 | | (4) "Director" means a board member. |
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18 | 24 | | (5) "District" means the Beaumont Municipal |
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19 | 25 | | Management District No. 1. |
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20 | 26 | | Sec. 3960.002. NATURE OF DISTRICT. The Beaumont Municipal |
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21 | 27 | | Management District No. 1 is a special district created under |
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22 | 28 | | Section 59, Article XVI, Texas Constitution. |
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23 | 29 | | Sec. 3960.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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24 | 30 | | creation of the district is essential to accomplish the purposes of |
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25 | 31 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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26 | 32 | | Texas Constitution, and other public purposes stated in this |
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27 | 33 | | chapter. By creating the district and in authorizing the city, the |
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28 | 34 | | county, and other political subdivisions to contract with the |
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29 | 35 | | district, the legislature has established a program to accomplish |
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30 | 36 | | the public purposes set out in Section 52-a, Article III, Texas |
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31 | 37 | | Constitution. |
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32 | 38 | | (b) The creation of the district is necessary to promote, |
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33 | 39 | | develop, encourage, and maintain employment, commerce, |
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34 | 40 | | transportation, housing, tourism, recreation, the arts, |
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35 | 41 | | entertainment, economic development, safety, and the public |
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36 | 42 | | welfare in the district. |
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37 | 43 | | (c) This chapter and the creation of the district may not be |
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38 | 44 | | interpreted to relieve the city or the county from providing the |
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39 | 45 | | level of services provided as of the effective date of the Act |
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40 | 46 | | enacting this chapter to the area in the district. The district is |
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41 | 47 | | created to supplement and not to supplant city or county services |
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42 | 48 | | provided in the district. |
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43 | 49 | | Sec. 3960.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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44 | 50 | | The district is created to serve a public use and benefit. |
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45 | 51 | | (b) All land and other property included in the district |
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46 | 52 | | will benefit from the improvements and services to be provided by |
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47 | 53 | | the district under powers conferred by Sections 52 and 52-a, |
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48 | 54 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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49 | 55 | | other powers granted under this chapter. |
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50 | 56 | | (c) The creation of the district is in the public interest |
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51 | 57 | | and is essential to further the public purposes of: |
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52 | 58 | | (1) developing and diversifying the economy of the |
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53 | 59 | | state; |
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54 | 60 | | (2) eliminating unemployment and underemployment; and |
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55 | 61 | | (3) developing or expanding transportation and |
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56 | 62 | | commerce. |
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57 | 63 | | (d) The district will: |
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58 | 64 | | (1) promote the health, safety, and general welfare of |
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59 | 65 | | residents, employers, potential employees, employees, visitors, |
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60 | 66 | | and consumers in the district, and of the public; |
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61 | 67 | | (2) provide needed funding for the district to |
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62 | 68 | | preserve, maintain, and enhance the economic health and vitality of |
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63 | 69 | | the district territory as a community and business center; |
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64 | 70 | | (3) promote the health, safety, welfare, and enjoyment |
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65 | 71 | | of the public by providing pedestrian ways and by landscaping and |
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66 | 72 | | developing certain areas in the district, which are necessary for |
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67 | 73 | | the restoration, preservation, and enhancement of scenic beauty; |
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68 | 74 | | and |
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69 | 75 | | (4) provide for water, wastewater, drainage, road, and |
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70 | 76 | | recreational facilities for the district. |
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71 | 77 | | (e) Pedestrian ways along or across a street, whether at |
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72 | 78 | | grade or above or below the surface, and street lighting, street |
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73 | 79 | | landscaping, parking, and street art objects are parts of and |
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74 | 80 | | necessary components of a street and are considered to be a street |
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75 | 81 | | or road improvement. |
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76 | 82 | | (f) The district will not act as the agent or |
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77 | 83 | | instrumentality of any private interest even though the district |
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78 | 84 | | will benefit many private interests as well as the public. |
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79 | 85 | | Sec. 3960.005. INITIAL DISTRICT TERRITORY. (a) The |
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80 | 86 | | district is initially composed of the territory described by |
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81 | 87 | | Section 2 of the Act enacting this chapter. |
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82 | 88 | | (b) The boundaries and field notes contained in Section 2 of |
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83 | 89 | | the Act enacting this chapter form a closure. A mistake in the |
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84 | 90 | | field notes or in copying the field notes in the legislative process |
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85 | 91 | | does not affect the district's: |
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86 | 92 | | (1) organization, existence, or validity; |
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87 | 93 | | (2) right to issue any type of bonds for the purposes |
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88 | 94 | | for which the district is created or to pay the principal of and |
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89 | 95 | | interest on the bonds; |
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90 | 96 | | (3) right to impose or collect an assessment or tax; or |
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91 | 97 | | (4) legality or operation. |
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92 | 98 | | Sec. 3960.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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93 | 99 | | All or any part of the area of the district is eligible to be |
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94 | 100 | | included in: |
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95 | 101 | | (1) a tax increment reinvestment zone created under |
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96 | 102 | | Chapter 311, Tax Code; |
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97 | 103 | | (2) a tax abatement reinvestment zone created under |
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98 | 104 | | Chapter 312, Tax Code; |
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99 | 105 | | (3) an enterprise zone created under Chapter 2303, |
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100 | 106 | | Government Code; or |
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101 | 107 | | (4) an industrial district created under Chapter 42, |
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102 | 108 | | Local Government Code. |
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103 | 109 | | Sec. 3960.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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104 | 110 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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105 | 111 | | Chapter 375, Local Government Code, applies to the district. |
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106 | 112 | | Sec. 3960.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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107 | 113 | | be liberally construed in conformity with the findings and purposes |
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108 | 114 | | stated in this chapter. |
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109 | 115 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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110 | 116 | | Sec. 3960.051. GOVERNING BODY; TERMS. (a) The district is |
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111 | 117 | | governed by a board of five voting directors who serve staggered |
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112 | 118 | | terms of four years, with two or three directors' terms expiring |
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113 | 119 | | June 1 of each odd-numbered year. |
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114 | 120 | | (b) The board by resolution may change the number of voting |
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115 | 121 | | directors on the board only if the board determines that the change |
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116 | 122 | | is in the best interest of the district. The board may not consist |
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117 | 123 | | of fewer than five or more than nine voting directors. |
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118 | 124 | | Sec. 3960.052. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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119 | 125 | | and members of the governing body of the city shall appoint voting |
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120 | 126 | | directors from persons recommended by the board. A person is |
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121 | 127 | | appointed if a majority of the members of the governing body, |
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122 | 128 | | including the mayor, vote to appoint that person. |
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123 | 129 | | Sec. 3960.053. NONVOTING DIRECTORS. The board may appoint |
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124 | 130 | | nonvoting directors to serve at the pleasure of the voting |
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125 | 131 | | directors. |
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126 | 132 | | Sec. 3960.054. QUORUM. For purposes of determining the |
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127 | 133 | | requirements for a quorum of the board, the following are not |
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128 | 134 | | counted: |
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129 | 135 | | (1) a board position vacant for any reason, including |
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130 | 136 | | death, resignation, or disqualification; |
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131 | 137 | | (2) a director who is abstaining from participation in |
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132 | 138 | | a vote because of a conflict of interest; or |
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133 | 139 | | (3) a nonvoting director. |
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134 | 140 | | Sec. 3960.055. COMPENSATION. A director is entitled to |
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135 | 141 | | receive fees of office and reimbursement for actual expenses as |
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136 | 142 | | provided by Section 49.060, Water Code. Sections 375.069 and |
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137 | 143 | | 375.070, Local Government Code, do not apply to the board. |
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138 | 144 | | Sec. 3960.056. INITIAL VOTING DIRECTORS. (a) The initial |
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139 | 145 | | board consists of the following voting directors: |
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140 | 146 | | Pos. No. Name of Director Pos. No. Name of Director |
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141 | 147 | | Pos. No. Name of Director |
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142 | 148 | | 1 William Jenkins 1 William Jenkins |
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143 | 149 | | 1 William Jenkins |
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144 | 150 | | 2 Bradford Klein 2 Bradford Klein |
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145 | 151 | | 2 Bradford Klein |
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146 | 152 | | 3 Craig Kinsel 3 Craig Kinsel |
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147 | 153 | | 3 Craig Kinsel |
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148 | 154 | | 4 Vivian Pieternelle 4 Vivian Pieternelle |
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149 | 155 | | 4 Vivian Pieternelle |
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150 | 156 | | 5 David Willard 5 David Willard |
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151 | 157 | | 5 David Willard |
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152 | 158 | | (b) Of the initial directors, the terms of directors |
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153 | 159 | | appointed for positions one through three expire June 1, 2019, and |
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154 | 160 | | the terms of directors appointed for positions four and five expire |
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155 | 161 | | June 1, 2021. |
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156 | 162 | | (c) Section 3960.052 does not apply to this section. |
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157 | 163 | | SUBCHAPTER C. POWERS AND DUTIES |
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158 | 164 | | Sec. 3960.101. GENERAL POWERS AND DUTIES. The district has |
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159 | 165 | | the powers and duties necessary to accomplish the purposes for |
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160 | 166 | | which the district is created. |
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161 | 167 | | Sec. 3960.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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162 | 168 | | district may provide, design, construct, acquire, improve, |
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163 | 169 | | relocate, operate, maintain, or finance an improvement project or |
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164 | 170 | | service using any money available to the district, or contract with |
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165 | 171 | | a governmental or private entity to provide, design, construct, |
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166 | 172 | | acquire, improve, relocate, operate, maintain, or finance an |
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167 | 173 | | improvement project or service authorized under this chapter or |
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168 | 174 | | Chapter 375, Local Government Code. |
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169 | 175 | | Sec. 3960.103. DEVELOPMENT CORPORATION POWERS. The |
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170 | 176 | | district, using money available to the district, may exercise the |
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171 | 177 | | powers given to a development corporation under Chapter 505, Local |
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172 | 178 | | Government Code, including the power to own, operate, acquire, |
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173 | 179 | | construct, lease, improve, or maintain a project under that |
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174 | 180 | | chapter. |
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175 | 181 | | Sec. 3960.104. NONPROFIT CORPORATION. (a) The board by |
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176 | 182 | | resolution may authorize the creation of a nonprofit corporation to |
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177 | 183 | | assist and act for the district in implementing a project or |
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178 | 184 | | providing a service authorized by this chapter. |
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179 | 185 | | (b) The nonprofit corporation: |
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180 | 186 | | (1) has each power of and is considered to be a local |
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181 | 187 | | government corporation created under Subchapter D, Chapter 431, |
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182 | 188 | | Transportation Code; and |
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183 | 189 | | (2) may implement any project and provide any service |
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184 | 190 | | authorized by this chapter. |
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185 | 191 | | (c) The board shall appoint the board of directors of the |
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186 | 192 | | nonprofit corporation. The board of directors of the nonprofit |
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187 | 193 | | corporation shall serve in the same manner as the board of directors |
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188 | 194 | | of a local government corporation created under Subchapter D, |
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189 | 195 | | Chapter 431, Transportation Code, except that a board member is not |
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190 | 196 | | required to reside in the district. |
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191 | 197 | | Sec. 3960.105. AGREEMENTS; GRANTS. (a) As provided by |
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192 | 198 | | Chapter 375, Local Government Code, the district may make an |
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193 | 199 | | agreement with or accept a gift, grant, or loan from any person. |
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194 | 200 | | (b) The implementation of a project is a governmental |
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195 | 201 | | function or service for the purposes of Chapter 791, Government |
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196 | 202 | | Code. |
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197 | 203 | | Sec. 3960.106. LAW ENFORCEMENT SERVICES. To protect the |
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198 | 204 | | public interest, the district may contract with a qualified party, |
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199 | 205 | | including the county or the city, to provide law enforcement |
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200 | 206 | | services in the district for a fee. |
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201 | 207 | | Sec. 3960.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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202 | 208 | | district may join and pay dues to a charitable or nonprofit |
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203 | 209 | | organization that performs a service or provides an activity |
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204 | 210 | | consistent with the furtherance of a district purpose. |
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205 | 211 | | Sec. 3960.108. ECONOMIC DEVELOPMENT. (a) The district may |
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206 | 212 | | engage in activities that accomplish the economic development |
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207 | 213 | | purposes of the district. |
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208 | 214 | | (b) The district may establish and provide for the |
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209 | 215 | | administration of one or more programs to promote state or local |
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210 | 216 | | economic development and to stimulate business and commercial |
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211 | 217 | | activity in the district, including programs to: |
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212 | 218 | | (1) make loans and grants of public money; and |
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213 | 219 | | (2) provide district personnel and services. |
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214 | 220 | | (c) The district may create economic development programs |
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215 | 221 | | and exercise the economic development powers provided to |
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216 | 222 | | municipalities by: |
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217 | 223 | | (1) Chapter 380, Local Government Code; and |
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218 | 224 | | (2) Subchapter A, Chapter 1509, Government Code. |
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219 | 225 | | Sec. 3960.109. PARKING FACILITIES. (a) The district may |
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220 | 226 | | acquire, lease as lessor or lessee, construct, develop, own, |
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221 | 227 | | operate, and maintain parking facilities or a system of parking |
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222 | 228 | | facilities, including lots, garages, parking terminals, or other |
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223 | 229 | | structures or accommodations for parking motor vehicles off the |
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224 | 230 | | streets and related appurtenances. |
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225 | 231 | | (b) The district's parking facilities serve the public |
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226 | 232 | | purposes of the district and are owned, used, and held for a public |
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227 | 233 | | purpose even if leased or operated by a private entity for a term of |
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228 | 234 | | years. |
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229 | 235 | | (c) The district's parking facilities are parts of and |
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230 | 236 | | necessary components of a street and are considered to be a street |
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231 | 237 | | or road improvement. |
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232 | 238 | | (d) The development and operation of the district's parking |
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233 | 239 | | facilities may be considered an economic development program. |
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234 | 240 | | Sec. 3960.110. ANNEXATION OF LAND. The district may annex |
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235 | 241 | | land as provided by Subchapter J, Chapter 49, Water Code. |
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236 | 242 | | Sec. 3960.111. APPROVAL BY CITY. Section 375.207, Local |
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237 | 243 | | Government Code, does not apply to the district. |
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238 | 244 | | Sec. 3960.112. NO EMINENT DOMAIN POWER. The district may |
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239 | 245 | | not exercise the power of eminent domain. |
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240 | 246 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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241 | 247 | | Sec. 3960.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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242 | 248 | | board by resolution shall establish the number of directors' |
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243 | 249 | | signatures and the procedure required for a disbursement or |
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244 | 250 | | transfer of district money. |
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245 | 251 | | Sec. 3960.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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246 | 252 | | The district may acquire, construct, finance, operate, or maintain |
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247 | 253 | | any improvement or service authorized under this chapter or Chapter |
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248 | 254 | | 375, Local Government Code, using any money available to the |
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249 | 255 | | district. |
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250 | 256 | | Sec. 3960.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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251 | 257 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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252 | 258 | | service or improvement project with assessments under this chapter |
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253 | 259 | | unless a written petition requesting that service or improvement |
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254 | 260 | | has been filed with the board. |
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255 | 261 | | (b) A petition filed under Subsection (a) must be signed by |
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256 | 262 | | the owners of a majority of the assessed value of real property in |
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257 | 263 | | the district subject to assessment according to the most recent |
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258 | 264 | | certified tax appraisal roll for the county. |
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259 | 265 | | Sec. 3960.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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260 | 266 | | The board by resolution may impose and collect an assessment for any |
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261 | 267 | | purpose authorized by this chapter in all or any part of the |
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262 | 268 | | district. |
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263 | 269 | | (b) An assessment, a reassessment, or an assessment |
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264 | 270 | | resulting from an addition to or correction of the assessment roll |
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265 | 271 | | by the district, penalties and interest on an assessment or |
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266 | 272 | | reassessment, an expense of collection, and reasonable attorney's |
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267 | 273 | | fees incurred by the district: |
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268 | 274 | | (1) are a first and prior lien against the property |
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269 | 275 | | assessed; |
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270 | 276 | | (2) are superior to any other lien or claim other than |
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271 | 277 | | a lien or claim for county, school district, or municipal ad valorem |
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272 | 278 | | taxes; and |
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273 | 279 | | (3) are the personal liability of and a charge against |
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274 | 280 | | the owners of the property even if the owners are not named in the |
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275 | 281 | | assessment proceedings. |
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276 | 282 | | (c) The lien is effective from the date of the board's |
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277 | 283 | | resolution imposing the assessment until the date the assessment is |
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278 | 284 | | paid. The board may enforce the lien in the same manner that the |
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279 | 285 | | board may enforce an ad valorem tax lien against real property. |
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280 | 286 | | (d) The board may make a correction to or deletion from the |
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281 | 287 | | assessment roll that does not increase the amount of assessment of |
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282 | 288 | | any parcel of land without providing notice and holding a hearing in |
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283 | 289 | | the manner required for additional assessments. |
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284 | 290 | | Sec. 3960.155. TAX AND ASSESSMENT ABATEMENTS. The district |
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285 | 291 | | may designate reinvestment zones and may grant abatements of a tax |
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286 | 292 | | or assessment on property in the zones. |
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287 | 293 | | SUBCHAPTER E. TAXES AND BONDS |
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288 | 294 | | Sec. 3960.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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289 | 295 | | The district may issue, without an election, bonds, notes, and |
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290 | 296 | | other obligations secured by: |
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291 | 297 | | (1) revenue other than ad valorem taxes; or |
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292 | 298 | | (2) contract payments described by Section 3960.203. |
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293 | 299 | | (b) The district must hold an election in the manner |
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294 | 300 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
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295 | 301 | | obtain voter approval before the district may impose an ad valorem |
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296 | 302 | | tax or issue bonds payable from ad valorem taxes. |
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297 | 303 | | (c) Section 375.243, Local Government Code, does not apply |
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298 | 304 | | to the district. |
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299 | 305 | | (d) All or any part of any facilities or improvements that |
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300 | 306 | | may be acquired by a district by the issuance of its bonds may be |
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301 | 307 | | submitted as a single proposition or as several propositions to be |
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302 | 308 | | voted on at the election. |
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303 | 309 | | Sec. 3960.202. OPERATION AND MAINTENANCE TAX. (a) If |
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304 | 310 | | authorized by a majority of the district voters voting at an |
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305 | 311 | | election held in accordance with Section 3960.201, the district may |
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306 | 312 | | impose an operation and maintenance tax on taxable property in the |
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307 | 313 | | district in accordance with Section 49.107, Water Code, for any |
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308 | 314 | | district purpose, including to: |
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309 | 315 | | (1) maintain and operate the district; |
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310 | 316 | | (2) construct or acquire improvements; or |
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311 | 317 | | (3) provide a service. |
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312 | 318 | | (b) The board shall determine the tax rate. The rate may not |
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313 | 319 | | exceed the rate approved at the election. |
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314 | 320 | | Sec. 3960.203. CONTRACT TAXES. (a) In accordance with |
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315 | 321 | | Section 49.108, Water Code, the district may impose a tax other than |
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316 | 322 | | an operation and maintenance tax and use the revenue derived from |
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317 | 323 | | the tax to make payments under a contract after the provisions of |
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318 | 324 | | the contract have been approved by a majority of the district voters |
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319 | 325 | | voting at an election held for that purpose. |
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320 | 326 | | (b) A contract approved by the district voters may contain a |
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321 | 327 | | provision stating that the contract may be modified or amended by |
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322 | 328 | | the board without further voter approval. |
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323 | 329 | | Sec. 3960.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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324 | 330 | | AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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325 | 331 | | determined by the board. Section 375.205, Local Government Code, |
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326 | 332 | | does not apply to a loan, line of credit, or other borrowing from a |
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327 | 333 | | bank or financial institution secured by revenue other than ad |
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328 | 334 | | valorem taxes. |
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329 | 335 | | (b) The district may issue bonds, notes, or other |
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330 | 336 | | obligations payable wholly or partly from ad valorem taxes, |
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331 | 337 | | assessments, impact fees, revenue, contract payments, grants, or |
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332 | 338 | | other district money, or any combination of those sources of money, |
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333 | 339 | | to pay for any authorized district purpose. |
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334 | 340 | | Sec. 3960.205. TAXES FOR BONDS. At the time the district |
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335 | 341 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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336 | 342 | | board shall provide for the annual imposition of a continuing |
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337 | 343 | | direct annual ad valorem tax, without limit as to rate or amount, |
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338 | 344 | | for each year that all or part of the bonds are outstanding as |
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339 | 345 | | required and in the manner provided by Sections 54.601 and 54.602, |
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340 | 346 | | Water Code. |
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341 | 347 | | Sec. 3960.206. CITY NOT REQUIRED TO PAY DISTRICT |
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342 | 348 | | OBLIGATIONS. Except as provided by Section 375.263, Local |
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343 | 349 | | Government Code, the city is not required to pay a bond, note, or |
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344 | 350 | | other obligation of the district. |
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345 | 351 | | SECTION 2. The Beaumont Municipal Management District No. 1 |
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346 | 352 | | initially includes all territory contained in the following area: |
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347 | 353 | | Being a 364.59 acre tract of land out of the Hezekiah Williams |
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348 | 354 | | League, Abstract 56, Jefferson County, Texas; and being all of and |
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349 | 355 | | the same as that certain called 356.24 acre tract as described in |
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350 | 356 | | Deed to Hilcorp Energy I, L.P. as recorded in File Number |
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351 | 357 | | 2000033569 of the Real Property Records of Jefferson County, Texas; |
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352 | 358 | | and being all of and the same as that certain called 3.00 acre tract |
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353 | 359 | | as described in Deed to Hilcorp Energy I, L.P. as recorded in File |
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354 | 360 | | Number 2009026928 of the Real Property Records of Jefferson County, |
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355 | 361 | | Texas; and being all of and the same as that certain called 3.00 |
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356 | 362 | | acre tract as described in Deed to Hilcorp Energy I, L.P. as |
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357 | 363 | | recorded in File Number 2009026928 of the Real Property Records of |
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358 | 364 | | Jefferson County, Texas; also being all of that certain called |
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359 | 365 | | 5.327 acre tract as described in Deed to City of Beaumont as |
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360 | 366 | | recorded in File Number 1999017825 of the Real Property Records of |
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361 | 367 | | Jefferson County, Texas; said 364.59 acre tract of land being more |
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362 | 368 | | particularly described by metes and bounds as follows with all |
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363 | 369 | | bearings reference to said Deed: |
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364 | 370 | | BEGINNING at the intersection of the South right-of-way line |
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365 | 371 | | of Delaware Street (100-foot right-of-way) and the West |
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366 | 372 | | right-of-way line of Dowlen Road; |
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367 | 373 | | THENCE with the East line of said 356.24 acre tract of land |
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368 | 374 | | and the West right-of-way line of said Dowlen Road as follows: |
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369 | 375 | | - South 46° 38' 29" East, 71.03 feet to a point for corner; |
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370 | 376 | | - South 01° 29' 54" East, 1,020.43 feet to a point for corner at the |
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371 | 377 | | beginning of a curve to the right; |
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372 | 378 | | - Along the arc of said curve to the right, having a radius of |
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373 | 379 | | 1,103.22 feet, a central angle of 34° 52' 43", an arc length of |
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374 | 380 | | 671.58 feet and a chord of South 15° 56' 27" West, 661.26 feet to a |
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375 | 381 | | point for corner; |
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376 | 382 | | - South 33° 22' 49" West, 676.38 feet to a point for corner at the |
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377 | 383 | | Easternmost Southeastern corner of said 356.24 acre tract of land; |
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378 | 384 | | THENCE with the Southeastern lines of said 356.24 acre tract |
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379 | 385 | | of land as follows: |
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380 | 386 | | - North 52° 02' 47" West, 895.70 feet to a point for corner; |
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381 | 387 | | - South 17° 40' 16" West, 979.76 feet to a point for corner; |
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382 | 388 | | - North 70° 37' 12" West, 71.57 feet to a point for corner; |
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383 | 389 | | - South 88° 37' 33" West, 242.50 feet to a point for corner; |
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384 | 390 | | - South 01° 25' 51" East, 570.34 feet to a point for corner; |
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385 | 391 | | - South 01° 27' 47" East, 399.76 feet to a point for corner; |
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386 | 392 | | - South 88° 35' 58" West, 1,691.15 feet to a point for corner; |
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387 | 393 | | - South 01° 21' 56" East, 539.95 feet to a point for corner; |
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388 | 394 | | - South 89° 12' 54" West, 322.92 feet to a point for corner; |
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389 | 395 | | - South 00° 42' 53" East, 454.55 feet to a point for corner; |
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390 | 396 | | - South 89° 07' 58" West, 150.00 feet to a point for corner; |
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391 | 397 | | - South 00° 42' 53" East, 199.68 feet to a point for corner in the |
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392 | 398 | | North right-of-way line of Gladys Avenue (60-foot right-of-way) and |
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393 | 399 | | being the Southernmost Southeastern corner of said 356.24 acre |
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394 | 400 | | tract of land; |
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395 | 401 | | THENCE South 89° 05' 45" West with the South line of said |
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396 | 402 | | 356.24 acre tract of land and the North right-of-way line of said |
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397 | 403 | | Gladys Avenue, 806.54 feet to a point for corner at the Southwest |
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398 | 404 | | corner of said 356.24 acre tract of land; |
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399 | 405 | | THENCE with the West line of said 356.24 acre tract of land as |
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400 | 406 | | follows: |
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401 | 407 | | - North 00° 36' 51" West, 1,065.58 feet to a point for corner; |
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402 | 408 | | - North 00° 36' 45" West, 1,122.34 feet to a point for corner; |
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403 | 409 | | - South 87° 17' 20" West, 351.02 feet to a point for corner; |
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404 | 410 | | - North 01° 24' 42" West, 2,152.60 feet to a point for corner at the |
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405 | 411 | | Northwest corner of said 356.24 acre tract of land; |
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406 | 412 | | THENCE North 87° 14' 14" East with the North line of said |
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407 | 413 | | 356.24 acre tract of land, 1,372.55 to a point for corner on the arc |
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408 | 414 | | of a curve to the right in said South right-of-way line of said |
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409 | 415 | | Delaware Street; |
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410 | 416 | | THENCE with the North line of said 356.24 acre tract of land |
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411 | 417 | | and said South right-of-way line of said Delaware Street as |
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412 | 418 | | follows: |
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413 | 419 | | - Along the arc of said curve to the right, having a radius of |
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414 | 420 | | 3,020.88 feet, a central angle of 29° 15' 52", an arc length of |
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415 | 421 | | 1,542.95 feet and a chord of North 74° 05' 40" East, 1,526.23 feet to |
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416 | 422 | | a point for corner; |
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417 | 423 | | - North 88° 43' 36" East, 2,302.43 feet to the PLACE OF BEGINNING: |
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418 | 424 | | containing 364.59 acres of land, more or less. |
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419 | 425 | | SECTION 3. (a) The legal notice of the intention to |
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420 | 426 | | introduce this Act, setting forth the general substance of this |
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421 | 427 | | Act, has been published as provided by law, and the notice and a |
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422 | 428 | | copy of this Act have been furnished to all persons, agencies, |
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423 | 429 | | officials, or entities to which they are required to be furnished |
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424 | 430 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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425 | 431 | | Government Code. |
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426 | 432 | | (b) The governor, one of the required recipients, has |
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427 | 433 | | submitted the notice and Act to the Texas Commission on |
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428 | 434 | | Environmental Quality. |
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429 | 435 | | (c) The Texas Commission on Environmental Quality has filed |
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430 | 436 | | its recommendations relating to this Act with the governor, |
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431 | 437 | | lieutenant governor, and speaker of the house of representatives |
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432 | 438 | | within the required time. |
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433 | 439 | | (d) The general law relating to consent by political |
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434 | 440 | | subdivisions to the creation of districts with conservation, |
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435 | 441 | | reclamation, and road powers and the inclusion of land in those |
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436 | 442 | | districts has been complied with. |
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437 | 443 | | (e) All requirements of the constitution and laws of this |
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438 | 444 | | state and the rules and procedures of the legislature with respect |
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439 | 445 | | to the notice, introduction, and passage of this Act have been |
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440 | 446 | | fulfilled and accomplished. |
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441 | 447 | | SECTION 4. This Act takes effect immediately if it receives |
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442 | 448 | | a vote of two-thirds of all the members elected to each house, as |
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443 | 449 | | provided by Section 39, Article III, Texas Constitution. If this |
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444 | 450 | | Act does not receive the vote necessary for immediate effect, this |
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445 | 451 | | Act takes effect September 1, 2017. |
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