1 | 1 | | 86R24703 JCG-F |
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2 | 2 | | By: Talarico H.B. No. 4760 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | relating to the creation of the Hutto Municipal Management District |
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7 | 7 | | No. 1; providing authority to issue bonds; providing authority to |
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8 | 8 | | impose assessments, fees, and taxes. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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11 | 11 | | Code, is amended by adding Chapter 3990 to read as follows: |
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12 | 12 | | CHAPTER 3990. HUTTO MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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14 | 14 | | Sec. 3990.0101. DEFINITIONS. In this chapter: |
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15 | 15 | | (1) "Approved venue project" means a venue project |
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16 | 16 | | that has been approved under this chapter by the voters of the |
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17 | 17 | | district. |
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18 | 18 | | (2) "Board" means the district's board of directors. |
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19 | 19 | | (3) "City" means the City of Hutto. |
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20 | 20 | | (4) "Director" means a board member. |
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21 | 21 | | (5) "District" means the Hutto Municipal Management |
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22 | 22 | | District No. 1. |
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23 | 23 | | (6) "Venue" has the meaning assigned by Section |
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24 | 24 | | 334.001, Local Government Code. |
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25 | 25 | | (7) "Venue project" means a venue and related |
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26 | 26 | | infrastructure that is planned, acquired, established, developed, |
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27 | 27 | | constructed, or renovated under this chapter. |
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28 | 28 | | Sec. 3990.0102. NATURE OF DISTRICT. The Hutto Municipal |
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29 | 29 | | Management District No. 1 is a special district created under |
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30 | 30 | | Section 59, Article XVI, Texas Constitution. |
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31 | 31 | | Sec. 3990.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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32 | 32 | | creation of the district is essential to accomplish the purposes of |
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33 | 33 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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34 | 34 | | Texas Constitution, and other public purposes stated in this |
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35 | 35 | | chapter. |
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36 | 36 | | (b) By creating the district and in authorizing the city and |
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37 | 37 | | other political subdivisions to contract with the district, the |
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38 | 38 | | legislature has established a program to accomplish the public |
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39 | 39 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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40 | 40 | | (c) The creation of the district is necessary to promote, |
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41 | 41 | | develop, encourage, and maintain employment, commerce, |
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42 | 42 | | transportation, housing, tourism, recreation, the arts, |
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43 | 43 | | entertainment, economic development, safety, and the public |
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44 | 44 | | welfare in the district. |
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45 | 45 | | (d) This chapter and the creation of the district may not be |
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46 | 46 | | interpreted to relieve the city from providing the level of |
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47 | 47 | | services provided as of the effective date of the Act enacting this |
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48 | 48 | | chapter to the area in the district. The district is created to |
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49 | 49 | | supplement and not to supplant city services provided in the |
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50 | 50 | | district. |
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51 | 51 | | Sec. 3990.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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52 | 52 | | (a) All land and other property included in the district will |
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53 | 53 | | benefit from the improvements and services to be provided by the |
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54 | 54 | | district under powers conferred by Sections 52 and 52-a, Article |
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55 | 55 | | III, and Section 59, Article XVI, Texas Constitution, and other |
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56 | 56 | | powers granted under this chapter. |
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57 | 57 | | (b) The district is created to serve a public use and |
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58 | 58 | | benefit. |
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59 | 59 | | (c) The creation of the district is in the public interest |
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60 | 60 | | and is essential to further the public purposes of: |
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61 | 61 | | (1) developing and diversifying the economy of the |
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62 | 62 | | state; |
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63 | 63 | | (2) eliminating unemployment and underemployment; and |
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64 | 64 | | (3) developing or expanding transportation and |
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65 | 65 | | commerce. |
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66 | 66 | | (d) The district will: |
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67 | 67 | | (1) promote the health, safety, and general welfare of |
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68 | 68 | | residents, employers, potential employees, employees, visitors, |
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69 | 69 | | and consumers in the district, and of the public; |
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70 | 70 | | (2) provide needed funding for the district to |
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71 | 71 | | preserve, maintain, and enhance the economic health and vitality of |
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72 | 72 | | the district territory as a community and business center; |
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73 | 73 | | (3) promote the health, safety, welfare, and enjoyment |
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74 | 74 | | of the public by providing pedestrian ways and by landscaping and |
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75 | 75 | | developing certain areas in the district, which are necessary for |
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76 | 76 | | the restoration, preservation, and enhancement of scenic beauty; |
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77 | 77 | | and |
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78 | 78 | | (4) provide for water, wastewater, drainage, road, |
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79 | 79 | | venue, and recreational facilities for the district. |
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80 | 80 | | (e) Pedestrian ways along or across a street, whether at |
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81 | 81 | | grade or above or below the surface, and street lighting, street |
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82 | 82 | | landscaping, parking, and street art objects are parts of and |
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83 | 83 | | necessary components of a street and are considered to be a street |
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84 | 84 | | or road improvement. |
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85 | 85 | | (f) The district will not act as the agent or |
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86 | 86 | | instrumentality of any private interest even though the district |
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87 | 87 | | will benefit many private interests as well as the public. |
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88 | 88 | | Sec. 3990.0105. INITIAL DISTRICT TERRITORY. (a) The |
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89 | 89 | | district is initially composed of the territory described by |
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90 | 90 | | Section 2 of the Act enacting this chapter. |
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91 | 91 | | (b) The boundaries and field notes contained in Section 2 of |
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92 | 92 | | the Act enacting this chapter form a closure. A mistake in the |
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93 | 93 | | field notes or in copying the field notes in the legislative process |
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94 | 94 | | does not affect the district's: |
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95 | 95 | | (1) organization, existence, or validity; |
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96 | 96 | | (2) right to issue any type of bonds for the purposes |
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97 | 97 | | for which the district is created or to pay the principal of and |
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98 | 98 | | interest on the bonds; |
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99 | 99 | | (3) right to impose or collect an assessment or tax; or |
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100 | 100 | | (4) legality or operation. |
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101 | 101 | | Sec. 3990.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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102 | 102 | | All or any part of the area of the district is eligible to be |
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103 | 103 | | included in: |
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104 | 104 | | (1) a tax increment reinvestment zone created under |
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105 | 105 | | Chapter 311, Tax Code; or |
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106 | 106 | | (2) a tax abatement reinvestment zone created under |
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107 | 107 | | Chapter 312, Tax Code. |
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108 | 108 | | Sec. 3990.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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109 | 109 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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110 | 110 | | Chapter 375, Local Government Code, applies to the district. |
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111 | 111 | | Sec. 3990.0108. CONSTRUCTION OF CHAPTER. This chapter |
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112 | 112 | | shall be liberally construed in conformity with the findings and |
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113 | 113 | | purposes stated in this chapter. |
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114 | 114 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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115 | 115 | | Sec. 3990.0201. GOVERNING BODY; TERMS. The district is |
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116 | 116 | | governed by a board of five directors who serve staggered terms of |
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117 | 117 | | four years with two or three directors' terms expiring June 1 of |
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118 | 118 | | each even-numbered year. |
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119 | 119 | | Sec. 3990.0202. QUALIFICATIONS OF DIRECTORS. (a) To be |
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120 | 120 | | qualified to serve as a director, a person must be: |
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121 | 121 | | (1) a resident of the city who is also a registered |
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122 | 122 | | voter of the city; |
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123 | 123 | | (2) an owner of property in the district; |
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124 | 124 | | (3) an owner of stock or a partnership or membership |
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125 | 125 | | interest, whether beneficial or otherwise, of a corporate |
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126 | 126 | | partnership, limited liability company, or other entity owner of a |
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127 | 127 | | direct or indirect interest in property in the district; |
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128 | 128 | | (4) an owner of a beneficial interest in a trust, or a |
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129 | 129 | | trustee in a trust, that directly or indirectly owns property in the |
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130 | 130 | | district; or |
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131 | 131 | | (5) an agent, employee, or tenant of a person |
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132 | 132 | | described by Subdivision (2), (3), or (4). |
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133 | 133 | | (b) Section 49.052, Water Code, does not apply to the |
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134 | 134 | | district. |
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135 | 135 | | Sec. 3990.0203. APPOINTMENT OF DIRECTORS. The governing |
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136 | 136 | | body of the city shall appoint directors from persons recommended |
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137 | 137 | | by the board. |
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138 | 138 | | Sec. 3990.0204. VACANCY. (a) If a vacancy occurs on the |
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139 | 139 | | board, the remaining directors shall appoint a director for the |
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140 | 140 | | remainder of the unexpired term. |
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141 | 141 | | (b) A director may resign from the board at any time. |
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142 | 142 | | Sec. 3990.0205. OFFICERS. The board shall elect from among |
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143 | 143 | | the directors a chair, a vice chair, and a secretary. The offices |
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144 | 144 | | of chair and secretary may not be held by the same person. |
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145 | 145 | | Sec. 3990.0206. GENERAL MANAGER. The board may employ or |
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146 | 146 | | contract with a person to perform the duties of a general manager of |
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147 | 147 | | the district in the manner provided by Section 49.056, Water Code. |
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148 | 148 | | Sec. 3990.0207. INITIAL DIRECTORS. (a) The initial board |
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149 | 149 | | consists of persons appointed by the city from persons recommended |
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150 | 150 | | by the owner or owners of a majority of the land located within the |
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151 | 151 | | district. |
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152 | 152 | | (b) Of the initial directors, the terms of directors |
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153 | 153 | | appointed to positions one and two expire June 1, 2020, and the |
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154 | 154 | | terms of directors appointed to positions three through five expire |
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155 | 155 | | June 1, 2022. |
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156 | 156 | | (c) Section 3990.0203 does not apply to a person appointed |
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157 | 157 | | under Subsection (a). |
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158 | 158 | | (d) This section expires September 1, 2022. |
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159 | 159 | | SUBCHAPTER C. POWERS AND DUTIES |
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160 | 160 | | Sec. 3990.0301. GENERAL POWERS AND DUTIES. The district |
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161 | 161 | | has the powers and duties necessary to accomplish the purposes for |
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162 | 162 | | which the district is created. |
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163 | 163 | | Sec. 3990.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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164 | 164 | | district, using any money available to the district for the |
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165 | 165 | | purpose, may provide, design, construct, acquire, improve, |
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166 | 166 | | relocate, operate, maintain, or finance an improvement project or |
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167 | 167 | | service authorized under this chapter or Chapter 375, Local |
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168 | 168 | | Government Code. |
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169 | 169 | | (b) The district may contract with a governmental or private |
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170 | 170 | | entity to carry out an action under Subsection (a). |
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171 | 171 | | (c) The implementation of a district project or service is a |
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172 | 172 | | governmental function or service for the purposes of Chapter 791, |
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173 | 173 | | Government Code. |
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174 | 174 | | Sec. 3990.0303. VENUE PROJECT. (a) The legislature finds |
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175 | 175 | | for all constitutional and statutory purposes that a venue project |
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176 | 176 | | is an improvement project under this chapter and is owned, used, and |
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177 | 177 | | held for public purposes by the district or city. |
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178 | 178 | | (b) The district may acquire, sell, lease, convey, or |
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179 | 179 | | otherwise dispose of property or an interest in property, including |
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180 | 180 | | an approved venue project, under terms and conditions determined by |
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181 | 181 | | the district. In a transaction with another public entity that is |
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182 | 182 | | made as provided by this subsection, the public purpose found by the |
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183 | 183 | | legislature under Subsection (a) is adequate consideration for the |
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184 | 184 | | district and the other public entity. |
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185 | 185 | | (c) The district may contract with a public or private |
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186 | 186 | | person, including a sports team, club, organization, or other |
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187 | 187 | | entity to: |
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188 | 188 | | (1) plan, acquire, establish, develop, construct, or |
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189 | 189 | | renovate an approved venue project; or |
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190 | 190 | | (2) perform any other act the district is authorized |
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191 | 191 | | to perform under this chapter, other than conducting an election |
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192 | 192 | | under this chapter. |
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193 | 193 | | (d) The district may contract with or enter into an |
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194 | 194 | | interlocal agreement with a school district, junior or community |
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195 | 195 | | college district, or an institution of higher education as defined |
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196 | 196 | | by Section 61.003, Education Code, for a purpose described by |
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197 | 197 | | Subsection (c). The contract or interlocal agreement may provide |
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198 | 198 | | for joint ownership and operation or joint use. |
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199 | 199 | | (e) Competitive bidding laws do not apply to the planning, |
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200 | 200 | | acquisition, establishment, development, construction, or |
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201 | 201 | | renovation of an approved venue project under this chapter. |
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202 | 202 | | (f) The board must provide for the planning, acquisition, |
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203 | 203 | | establishment, development, construction, or renovation of a venue |
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204 | 204 | | project by resolution. |
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205 | 205 | | (g) The resolution must designate each venue project and |
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206 | 206 | | each method of financing authorized by this chapter that the |
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207 | 207 | | district may use to finance each project. |
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208 | 208 | | (h) A resolution under Subsection (f) may designate more |
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209 | 209 | | than one method of financing. |
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210 | 210 | | (i) The district may not undertake the venue project unless |
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211 | 211 | | the resolution is approved by a majority of the qualified voters of |
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212 | 212 | | the district voting at an election held for that purpose. |
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213 | 213 | | (j) A venue project is exempt from taxation under Section |
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214 | 214 | | 11.11, Tax Code, while the district owns the venue project. |
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215 | 215 | | Sec. 3990.0304. NONPROFIT CORPORATION. (a) The board by |
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216 | 216 | | resolution may authorize the creation of a nonprofit corporation to |
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217 | 217 | | assist and act for the district in implementing a project or |
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218 | 218 | | providing a service authorized by this chapter. |
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219 | 219 | | (b) The nonprofit corporation: |
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220 | 220 | | (1) has each power of and is considered to be a local |
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221 | 221 | | government corporation created under Subchapter D, Chapter 431, |
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222 | 222 | | Transportation Code; and |
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223 | 223 | | (2) may implement any project and provide any service |
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224 | 224 | | authorized by this chapter. |
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225 | 225 | | (c) The board shall appoint the board of directors of the |
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226 | 226 | | nonprofit corporation. The board of directors of the nonprofit |
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227 | 227 | | corporation shall serve in the same manner as the board of directors |
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228 | 228 | | of a local government corporation created under Subchapter D, |
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229 | 229 | | Chapter 431, Transportation Code, except that a board member is not |
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230 | 230 | | required to reside in the district. |
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231 | 231 | | Sec. 3990.0305. LAW ENFORCEMENT SERVICES. To protect the |
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232 | 232 | | public interest, the district shall undertake to contract with the |
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233 | 233 | | city to provide law enforcement services in the district for a fee. |
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234 | 234 | | Sec. 3990.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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235 | 235 | | The district may join and pay dues to a charitable or nonprofit |
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236 | 236 | | organization that performs a service or provides an activity |
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237 | 237 | | consistent with the furtherance of a district purpose. |
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238 | 238 | | Sec. 3990.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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239 | 239 | | district may engage in activities that accomplish the economic |
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240 | 240 | | development purposes of the district. |
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241 | 241 | | (b) The district may establish and provide for the |
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242 | 242 | | administration of one or more programs to promote state or local |
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243 | 243 | | economic development and to stimulate business and commercial |
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244 | 244 | | activity in the district, including programs to: |
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245 | 245 | | (1) make loans and grants of public money; and |
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246 | 246 | | (2) provide district personnel and services. |
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247 | 247 | | (c) The district may create economic development programs |
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248 | 248 | | and exercise the economic development powers provided to |
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249 | 249 | | municipalities by: |
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250 | 250 | | (1) Chapter 380, Local Government Code; and |
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251 | 251 | | (2) Subchapter A, Chapter 1509, Government Code. |
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252 | 252 | | Sec. 3990.0308. PARKING FACILITIES. (a) The district may |
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253 | 253 | | acquire, lease as lessor or lessee, construct, develop, own, |
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254 | 254 | | operate, and maintain parking facilities or a system of parking |
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255 | 255 | | facilities, including lots, garages, parking terminals, or other |
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256 | 256 | | structures or accommodations for parking motor vehicles off the |
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257 | 257 | | streets and related appurtenances. |
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258 | 258 | | (b) The district's parking facilities serve the public |
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259 | 259 | | purposes of the district and are owned, used, and held for a public |
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260 | 260 | | purpose even if leased or operated by a private entity for a term of |
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261 | 261 | | years. |
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262 | 262 | | (c) The district's parking facilities are parts of and |
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263 | 263 | | necessary components of a street and are considered to be a street |
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264 | 264 | | or road improvement. |
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265 | 265 | | (d) The development and operation of the district's parking |
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266 | 266 | | facilities may be considered an economic development program. |
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267 | 267 | | Sec. 3990.0309. ADDING OR EXCLUDING LAND. The district may |
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268 | 268 | | add or exclude land in the manner provided by Subchapter J, Chapter |
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269 | 269 | | 49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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270 | 270 | | Sec. 3990.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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271 | 271 | | board by resolution shall establish the number of directors' |
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272 | 272 | | signatures and the procedure required for a disbursement or |
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273 | 273 | | transfer of district money. |
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274 | 274 | | Sec. 3990.0311. NO EMINENT DOMAIN POWER. The district may |
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275 | 275 | | not exercise the power of eminent domain. |
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276 | 276 | | Sec. 3990.0312. PAYMENT IN LIEU OF TAXES. The district may |
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277 | 277 | | enter into an agreement for payments in lieu of taxes with a taxing |
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278 | 278 | | authority for property located in the district. |
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279 | 279 | | SUBCHAPTER D. ASSESSMENTS |
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280 | 280 | | Sec. 3990.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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281 | 281 | | AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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282 | 282 | | service or improvement project with assessments under this chapter |
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283 | 283 | | unless a written petition requesting that service or improvement |
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284 | 284 | | has been filed with the board. |
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285 | 285 | | (b) A petition filed under Subsection (a) must be signed by |
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286 | 286 | | the owners of a majority of the assessed value of real property in |
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287 | 287 | | the district subject to assessment according to the most recent |
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288 | 288 | | certified tax appraisal roll for the county. |
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289 | 289 | | Sec. 3990.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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290 | 290 | | The board by resolution may impose and collect an assessment for any |
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291 | 291 | | purpose authorized by this chapter in all or any part of the |
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292 | 292 | | district. |
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293 | 293 | | (b) An assessment, a reassessment, or an assessment |
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294 | 294 | | resulting from an addition to or correction of the assessment roll |
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295 | 295 | | by the district, penalties and interest on an assessment or |
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296 | 296 | | reassessment, an expense of collection, and reasonable attorney's |
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297 | 297 | | fees incurred by the district: |
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298 | 298 | | (1) are a first and prior lien against the property |
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299 | 299 | | assessed; |
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300 | 300 | | (2) are superior to any other lien or claim other than |
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301 | 301 | | a lien or claim for county, school district, or municipal ad valorem |
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302 | 302 | | taxes; and |
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303 | 303 | | (3) are the personal liability of and a charge against |
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304 | 304 | | the owners of the property even if the owners are not named in the |
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305 | 305 | | assessment proceedings. |
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306 | 306 | | (c) The lien is effective from the date of the board's |
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307 | 307 | | resolution imposing the assessment until the date the assessment is |
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308 | 308 | | paid. The board may enforce the lien in the same manner that the |
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309 | 309 | | board may enforce an ad valorem tax lien against real property. |
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310 | 310 | | (d) The board may make a correction to or deletion from the |
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311 | 311 | | assessment roll that does not increase the amount of assessment of |
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312 | 312 | | any parcel of land without providing notice and holding a hearing in |
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313 | 313 | | the manner required for additional assessments. |
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314 | 314 | | SUBCHAPTER E. TAXES AND BONDS |
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315 | 315 | | Sec. 3990.0501. TAX ELECTION REQUIRED. The district must |
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316 | 316 | | hold an election in the manner provided by Chapter 49, Water Code, |
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317 | 317 | | or, if applicable, Chapter 375, Local Government Code, to obtain |
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318 | 318 | | voter approval before the district may impose an ad valorem tax. |
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319 | 319 | | Sec. 3990.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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320 | 320 | | authorized by a majority of the district voters voting at an |
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321 | 321 | | election under Section 3990.0501, the district may impose an |
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322 | 322 | | operation and maintenance tax on taxable property in the district |
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323 | 323 | | in the manner provided by Section 49.107, Water Code, for any |
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324 | 324 | | district purpose, including to: |
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325 | 325 | | (1) maintain and operate the district; |
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326 | 326 | | (2) construct or acquire improvements; or |
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327 | 327 | | (3) provide a service. |
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328 | 328 | | (b) The board shall determine the operation and maintenance |
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329 | 329 | | tax rate. The rate may not exceed the rate approved at the |
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330 | 330 | | election. |
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331 | 331 | | Sec. 3990.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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332 | 332 | | BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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333 | 333 | | terms determined by the board. |
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334 | 334 | | (b) The district may issue, by public or private sale, |
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335 | 335 | | bonds, notes, or other obligations payable wholly or partly from ad |
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336 | 336 | | valorem taxes, assessments, sales taxes, impact fees, revenue, |
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337 | 337 | | contract payments, grants, or other district money, or any |
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338 | 338 | | combination of those sources of money, to pay for any authorized |
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339 | 339 | | district purpose. |
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340 | 340 | | (c) The limitation on the outstanding principal amount of |
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341 | 341 | | bonds, notes, or other obligations provided by Section 49.4645, |
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342 | 342 | | Water Code, does not apply to the district. |
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343 | 343 | | (d) The district may issue, by public or private sale, |
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344 | 344 | | bonds, notes, or other obligations payable wholly or partly from |
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345 | 345 | | assessments in the manner provided by Subchapter A, Chapter 372, |
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346 | 346 | | Local Government Code, if the improvements financed by an |
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347 | 347 | | obligation issued under this section will be conveyed to or |
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348 | 348 | | operated and maintained by a municipality or other retail utility |
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349 | 349 | | provider pursuant to an agreement with the district entered into |
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350 | 350 | | before the issuance of the obligation. |
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351 | 351 | | Sec. 3990.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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352 | 352 | | PAYMENTS. The district may issue, without an election, bonds |
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353 | 353 | | secured by: |
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354 | 354 | | (1) revenue other than ad valorem taxes, including |
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355 | 355 | | contract revenues; or |
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356 | 356 | | (2) contract payments, provided that the requirements |
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357 | 357 | | of Section 49.108, Water Code, have been met. |
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358 | 358 | | Sec. 3990.0505. BONDS SECURED BY AD VALOREM TAXES; |
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359 | 359 | | ELECTIONS. (a) If authorized at an election under Section |
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360 | 360 | | 3990.0501, the district may issue bonds payable from ad valorem |
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361 | 361 | | taxes. |
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362 | 362 | | (b) Section 375.243, Local Government Code, does not apply |
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363 | 363 | | to the district. |
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364 | 364 | | (c) At the time the district issues bonds payable wholly or |
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365 | 365 | | partly from ad valorem taxes, the board shall provide for the annual |
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366 | 366 | | imposition of a continuing direct annual ad valorem tax, without |
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367 | 367 | | limit as to rate or amount, for each year that all or part of the |
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368 | 368 | | bonds are outstanding as required and in the manner provided by |
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369 | 369 | | Sections 54.601 and 54.602, Water Code. |
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370 | 370 | | (d) All or any part of any facilities or improvements that |
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371 | 371 | | may be acquired by a district by the issuance of its bonds may be |
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372 | 372 | | submitted as a single proposition or as several propositions to be |
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373 | 373 | | voted on at the election. |
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374 | 374 | | Sec. 3990.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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375 | 375 | | board may not issue bonds until each municipality in whose |
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376 | 376 | | corporate limits or extraterritorial jurisdiction the district is |
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377 | 377 | | located has consented by ordinance or resolution to the creation of |
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378 | 378 | | the district and to the inclusion of land in the district. |
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379 | 379 | | (b) This section applies only to the district's first |
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380 | 380 | | issuance of bonds payable from ad valorem taxes. |
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381 | 381 | | SUBCHAPTER F. SALES AND USE TAX |
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382 | 382 | | Sec. 3990.0601. APPLICABILITY OF CERTAIN TAX CODE |
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383 | 383 | | PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
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384 | 384 | | computation, administration, enforcement, and collection of the |
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385 | 385 | | sales and use tax authorized by this subchapter except to the extent |
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386 | 386 | | Chapter 321, Tax Code, is inconsistent with this chapter. |
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387 | 387 | | (b) For the purposes of this subchapter, a reference in |
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388 | 388 | | Chapter 321, Tax Code, to a municipality or the governing body of a |
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389 | 389 | | municipality is a reference to the district or the board, |
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390 | 390 | | respectively. |
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391 | 391 | | Sec. 3990.0602. ELECTION; ADOPTION OF TAX. (a) The |
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392 | 392 | | district may adopt a sales and use tax if: |
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393 | 393 | | (1) the city consents to the adoption of the tax; and |
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394 | 394 | | (2) the tax is authorized by a majority of the voters |
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395 | 395 | | of the district voting at an election held for that purpose. |
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396 | 396 | | (b) Subject to city consent under Subsection (a), the board |
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397 | 397 | | by order may call an election to authorize the adoption of the sales |
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398 | 398 | | and use tax. The election may be held on any uniform election date |
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399 | 399 | | and in conjunction with any other district election. |
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400 | 400 | | (c) The district shall provide notice of the election and |
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401 | 401 | | shall hold the election in the manner prescribed by Chapter 49, |
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402 | 402 | | Water Code. |
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403 | 403 | | (d) The ballot shall be printed to provide for voting for or |
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404 | 404 | | against the proposition: "Authorization of a sales and use tax in |
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405 | 405 | | the Hutto Municipal Management District No. 1 at a rate not to |
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406 | 406 | | exceed ____ percent" (insert rate of one or more increments of |
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407 | 407 | | one-eighth of one percent). |
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408 | 408 | | Sec. 3990.0603. SALES AND USE TAX RATE. (a) Not later than |
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409 | 409 | | the 10th day after the date the results are declared of an election |
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410 | 410 | | held under Section 3990.0602 at which the voters authorized |
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411 | 411 | | imposition of a tax, the board shall provide by resolution or order |
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412 | 412 | | the initial rate of the tax, which must be in one or more increments |
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413 | 413 | | of one-eighth of one percent. |
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414 | 414 | | (b) After the authorization of a tax under Section |
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415 | 415 | | 3990.0602, the board may decrease the rate of the tax by one or more |
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416 | 416 | | increments of one-eighth of one percent. |
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417 | 417 | | (c) The board may not decrease the rate of the tax if the |
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418 | 418 | | decrease would impair the repayment of any outstanding debt or |
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419 | 419 | | obligation payable from the tax. |
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420 | 420 | | (d) The rate of the tax or any rate resulting from |
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421 | 421 | | subsequent decreases may not exceed the lesser of: |
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422 | 422 | | (1) the maximum rate authorized at the election held |
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423 | 423 | | under Section 3990.0602; or |
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424 | 424 | | (2) a rate that, when added to the rates of all sales |
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425 | 425 | | and use taxes imposed by other political subdivisions with |
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426 | 426 | | territory in the district, would result in the maximum combined |
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427 | 427 | | rate prescribed by Section 321.101(f), Tax Code, at any location in |
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428 | 428 | | the district. |
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429 | 429 | | Sec. 3990.0604. NOTIFICATION OF RATE CHANGE. The board |
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430 | 430 | | shall notify the comptroller of any changes made to the tax rate |
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431 | 431 | | under this subchapter in the same manner the municipal secretary |
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432 | 432 | | provides notice to the comptroller under Section 321.405(b), Tax |
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433 | 433 | | Code. |
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434 | 434 | | Sec. 3990.0605. USE OF REVENUE. Revenue from the sales and |
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435 | 435 | | use tax imposed under this subchapter is for the use and benefit of |
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436 | 436 | | the district and may be used for any district purpose. The district |
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437 | 437 | | may pledge all or part of the revenue to the payment of bonds, |
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438 | 438 | | notes, or other obligations, and that pledge of revenue may be in |
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439 | 439 | | combination with other revenue, including tax revenue, available to |
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440 | 440 | | the district. |
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441 | 441 | | Sec. 3990.0606. ABOLITION OF TAX. (a) The board may |
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442 | 442 | | abolish the tax imposed under this subchapter without an election. |
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443 | 443 | | (b) If the board abolishes the tax, the board shall notify |
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444 | 444 | | the comptroller of that action in the same manner the municipal |
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445 | 445 | | secretary provides notice to the comptroller under Section |
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446 | 446 | | 321.405(b), Tax Code. |
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447 | 447 | | (c) If the board abolishes the tax or decreases the tax rate |
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448 | 448 | | to zero, a new election to authorize a sales and use tax must be held |
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449 | 449 | | under Section 3990.0602 before the district may subsequently impose |
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450 | 450 | | the tax. |
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451 | 451 | | SUBCHAPTER I. DISSOLUTION |
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452 | 452 | | Sec. 3990.0901. DISSOLUTION. (a) The board shall dissolve |
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453 | 453 | | the district on written petition filed with the board by the owners |
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454 | 454 | | of: |
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455 | 455 | | (1) 66 percent or more of the assessed value of the |
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456 | 456 | | property subject to assessment by the district based on the most |
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457 | 457 | | recent certified county property tax rolls; or |
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458 | 458 | | (2) 66 percent or more of the surface area of the |
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459 | 459 | | district, excluding roads, streets, highways, utility |
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460 | 460 | | rights-of-way, other public areas, and other property exempt from |
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461 | 461 | | assessment by the district according to the most recent certified |
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462 | 462 | | county property tax rolls. |
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463 | 463 | | (b) The board by majority vote may dissolve the district at |
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464 | 464 | | any time. |
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465 | 465 | | (c) The district may not be dissolved by its board under |
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466 | 466 | | Subsection (a) or (b) if the district: |
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467 | 467 | | (1) has any outstanding bonded or other indebtedness |
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468 | 468 | | until that bonded or other indebtedness has been repaid or defeased |
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469 | 469 | | in accordance with the order or resolution authorizing the issuance |
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470 | 470 | | of the bonded or other indebtedness; |
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471 | 471 | | (2) has a contractual obligation to pay money until |
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472 | 472 | | that obligation has been fully paid in accordance with the |
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473 | 473 | | contract; or |
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474 | 474 | | (3) owns, operates, or maintains public works, |
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475 | 475 | | facilities, or improvements unless the district contracts with |
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476 | 476 | | another person for the ownership, operation, or maintenance of the |
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477 | 477 | | public works, facilities, or improvements. |
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478 | 478 | | (d) Sections 375.261, 375.262, and 375.264, Local |
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479 | 479 | | Government Code, do not apply to the district. |
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480 | 480 | | SECTION 2. The Hutto Municipal Management District No. 1 |
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481 | 481 | | initially includes all territory contained in the following area: |
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482 | 482 | | MMD District Metes and Bounds |
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483 | 483 | | From Start/End Point #1 (X = 3180310.306; Y = 10174718.926) |
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484 | 484 | | S 7° 22' 22" W, 894.326 Feet to Point #2 (X = 3180195.541; Y = |
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485 | 485 | | 10173831.994) |
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486 | 486 | | S 8° 22' 47" W, 354.335 Feet to Point #3 (X = 3180143.902; Y = |
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487 | 487 | | 10173481.442) |
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488 | 488 | | S 7° 15' 18" W, 2071.681 Feet to Point #4 (X = 3179882.279; Y = |
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489 | 489 | | 10171426.347) |
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490 | 490 | | N 81° 44' 19" W, 1601.611 Feet to Point #5 (X = 3178297.288; Y |
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491 | 491 | | = 10171656.482) |
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492 | 492 | | N 82° 50' 20" W, 1526.048 Feet to Point #6 (X = 3176783.144; Y |
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493 | 493 | | = 10171846.722) |
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494 | 494 | | N 43° 22' 48" W, 70.987 Feet to Point #7 (X = 3176734.388; Y = |
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495 | 495 | | 10171898.316) |
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496 | 496 | | N 8° 38' 31" E, 856.069 Feet to Point #8 (X = 3176863.022; Y = |
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497 | 497 | | 10173012.405) |
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498 | 498 | | N 7° 58' 27" E, 270.353 Feet to Point #9 (X = 3176900.527; Y = |
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499 | 499 | | 10173831.994) |
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500 | 500 | | S 77° 25' 32" W, 1199.841 Feet to Point #10 (X = 3175729.466; Y |
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501 | 501 | | = 10172751.188) |
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502 | 502 | | N 3° 46' 54" E, 1165.972 Feet to Point #11 (X = 3175806.368; Y |
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503 | 503 | | = 10173914.621) |
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504 | 504 | | N 24° 5' 20" W, 445.811 Feet to Point #12 (X = 3175624.408; Y = |
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505 | 505 | | 10174321.608) |
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506 | 506 | | N 55° 51' 17" E, 531.521 Feet to Point #13 (X = 3176064.304; Y |
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507 | 507 | | = 10174619.947) |
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508 | 508 | | N 71° 8' 51" E, 266.837 Feet to Point #14 (X = 3176316.826; Y = |
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509 | 509 | | 10174706.171) |
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510 | 510 | | N 31° 40' 20" E, 532.079 Feet to Point #15 (X = 3176596.198; Y |
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511 | 511 | | = 10175159.005) |
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512 | 512 | | N 33° 30' 14" E, 27.122 Feet to Point #16 (X = 3176611.169; Y = |
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513 | 513 | | 10175181.621) |
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514 | 514 | | S 81° 46' 48" E, 2169.047 Feet to Point #17 (X = 3178757.928; Y |
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515 | 515 | | = 10174871.504) |
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516 | 516 | | S 84° 23' 12" E, 1559.854 Feet to Start/End Point #1 (X = |
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517 | 517 | | 3180310.306; Y = 10174718.926) |
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518 | 518 | | SECTION 3. (a) The legal notice of the intention to |
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519 | 519 | | introduce this Act, setting forth the general substance of this |
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520 | 520 | | Act, has been published as provided by law, and the notice and a |
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521 | 521 | | copy of this Act have been furnished to all persons, agencies, |
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522 | 522 | | officials, or entities to which they are required to be furnished |
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523 | 523 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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524 | 524 | | Government Code. |
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525 | 525 | | (b) The governor, one of the required recipients, has |
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526 | 526 | | submitted the notice and Act to the Texas Commission on |
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527 | 527 | | Environmental Quality. |
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528 | 528 | | (c) The Texas Commission on Environmental Quality has filed |
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529 | 529 | | its recommendations relating to this Act with the governor, |
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530 | 530 | | lieutenant governor, and speaker of the house of representatives |
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531 | 531 | | within the required time. |
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532 | 532 | | (d) All requirements of the constitution and laws of this |
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533 | 533 | | state and the rules and procedures of the legislature with respect |
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534 | 534 | | to the notice, introduction, and passage of this Act have been |
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535 | 535 | | fulfilled and accomplished. |
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536 | 536 | | SECTION 4. This Act takes effect immediately if it receives |
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537 | 537 | | a vote of two-thirds of all the members elected to each house, as |
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538 | 538 | | provided by Section 39, Article III, Texas Constitution. If this |
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539 | 539 | | Act does not receive the vote necessary for immediate effect, this |
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540 | 540 | | Act takes effect September 1, 2019. |
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