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AN ACT
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relating to the creation of Missouri City Management District |
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No. 2; providing authority to issue bonds; providing authority to |
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impose assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3932 to read as follows: |
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CHAPTER 3932. MISSOURI CITY MANAGEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3932.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Missouri City. |
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(3) "County" means Fort Bend County. |
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(4) "Director" means a board member. |
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(5) "District" means the Missouri City Management |
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District No. 2. |
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Sec. 3932.002. NATURE OF DISTRICT. The Missouri City |
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Management District No. 2 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3932.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3932.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3932.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3932.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3932.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3932.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3932.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven voting directors who serve staggered |
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terms of four years, with three or four directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board if the board determines that the change is in |
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the best interest of the district. The board may not consist of |
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fewer than 5 or more than 11 voting directors. |
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Sec. 3932.052. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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and members of the governing body of the city shall appoint voting |
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directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body, |
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including the mayor, vote to appoint that person. |
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Sec. 3932.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3932.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3932.055. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3932.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through four expire June 1, 2019, and |
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the terms of directors appointed for positions five through seven |
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expire June 1, 2017. |
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(c) Section 3932.052 does not apply to this section. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3932.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3932.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3932.103. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3932.104. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3932.105. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift or grant from any person. The |
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district shall promptly notify the city of any gift or grant |
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accepted by the district. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3932.106. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3932.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3932.108. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3932.109. ANNEXATION OF LAND. The district may annex |
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land as provided by Subchapter J, Chapter 49, Water Code. |
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Sec. 3932.110. APPROVAL BY CITY. (a) Except as provided |
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by Subsection (c), the district must obtain the approval of the city |
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for: |
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(1) the issuance of bonds; |
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(2) the plans and specifications of an improvement |
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project financed by bonds; and |
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(3) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted to or by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds until the governing |
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body of the city adopts a resolution or ordinance authorizing the |
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issuance of the bonds. |
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(c) If the district obtains the approval of the city's |
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governing body of a capital improvements budget for a period not to |
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exceed five years, the district may finance the capital |
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improvements and issue bonds specified in the budget without |
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further approval from the city. |
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(d) The governing body of the city: |
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(1) is not required to adopt a resolution or ordinance |
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to approve plans and specifications described by Subsection (a); |
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and |
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(2) may establish an administrative process to approve |
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plans and specifications described by Subsection (a) without the |
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involvement of the governing body. |
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Sec. 3932.111. CONSENT OF CITY REQUIRED. The district may |
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not take any of the following actions until the city has consented |
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by ordinance or resolution to the creation of the district and to |
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the inclusion of land in the district: |
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(1) hold an election under Subchapter L, Chapter 375, |
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Local Government Code; |
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(2) impose an ad valorem tax; |
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(3) impose an assessment; |
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(4) issue bonds; or |
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(5) enter into an agreement to reimburse the costs of |
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facilities. |
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Sec. 3932.112. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3932.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3932.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3932.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3932.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3932.201. ELECTIONS REGARDING TAXES AND BONDS. |
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(a) The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3932.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3932.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3932.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3932.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3932.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3932.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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Sec. 3932.206. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SECTION 2. The Missouri City Management District No. 2 |
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initially includes all territory contained in the following area: |
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TRACT 1 |
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BEING a 152.586 acre tract situated in the Elijah Roark |
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League Survey, Abstract 77, Fort Bend County, Texas same being |
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Tract 11A of Olympia Estates. Said 152.586 acre tract being more |
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particularly described by metes and bounds as follows (all bearings |
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are referenced to the Texas Coordinate System, South Central Zone |
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(nad83): |
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BEGINNING at a 5/8-inch iron rod with cap stamped "COTTON" |
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found for the intersection of the northwest line of a 80-foot wide H |
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L & P Fee Strip recorded in Volume 495, Page 659, Fort Bend County |
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Deed Records (FBCDR) and the east boundary line of Olympia Estates; |
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THENCE, South 19'38'12", West, 2339.12 feet along said |
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northwest line of the 80-foot wide H L & P Fee Strip to the |
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centerline of a Proposed 80-foot wide Collector Road; |
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THENCE, along the centerline of said Collector Road, THE |
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FOLLOWING: |
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273.94 feet along the arc of the curve to the left |
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having a radius of 800.00 feet, a central angle of 19'37'11" |
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and chord which bears North 23"17"47' West, 272.61 feet to a |
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point of tangency, |
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North 33'06'22' West, 519.69 feet to a point of |
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curvature; |
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1008.22 feet along the arc of a curve to the right |
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having a radius of 2010.00 fee, a central angle of 28'44'23" |
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and a chord which bears North 18'44'11" West, 997.68 feet to a |
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point of tangency; |
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North 04'21'59" West, 330.66 feet to a point of |
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curvature; |
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708.67 feet along the arc of a curve to the right, |
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having a radius of 2010.00 feet a central angle of 20'12'03" |
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and a chord which bears North 05'44'02" East, 705.00 feet to a |
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point of tangency; |
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North 15'50'03" East, 178.96 feet to a point of |
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curvature; |
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687.32 feet along the arc of a curve to left, having a |
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radius of 1190.00 feet, a central angle of 33'05'34", and a |
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chord which bears North 00'42'43" West, 677.80 feet to a point |
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of tangency; |
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North 17'15'30" West, 130.28 feet to a point of |
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curvature; |
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890.16 feet along the arc of a curve to the right having |
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a radius of 3010.00 feet a central angle of 16'56'39" and a |
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chord which bears North 08'47'10" West, 886.92 feet to a point |
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of tangency; |
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North 00'18'51" West, 793.93 feet to a point for corner |
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in the north line of Senior Road (variable width Roadway |
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Easement) as recorded in Volume 446, page 42 and Volume 446, |
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page 49 FBCDR; |
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THENCE, South 89'54'41" East, 1606.62 feet to the east |
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boundary line of Olympia Estates; |
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THENCE, South 00'17'18" West, 3100.93 feet to the POINT OF |
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BEGINNING and containing a computed area of 152.586 acres |
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(6,646,629 square feet) of land. |
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TRACT 2 |
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BEING a 116.302 acre tract situated in the Cochran and |
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McCluer Survey, Abstract 191, Fort Bend County, Texas. Said |
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116.302 acre tract being more particularly described by metes and |
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bounds as follows, (all bearings are referenced to the Texas |
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Coordinate System, South Central Zone (NAD83): |
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BEGINNING at a 1/2-inch iron rod set for the southwest corner |
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of said 116.302 acre tract, same also being east R.O.W. corner of a |
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Proposed Fort Bend County Toll Road with a variable R. O. W. width; |
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THENCE, Northwesterly along west property line, same also |
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being the east R.O.W. line of said Proposed Fort Bend County Toll |
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Road, with a curve to the left, having a radius of 5,879,60 feet on |
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arc length of 4,992.03' a chord bearing of N00'20'03"W, and a chord |
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length of 4752.91' to a point of tangency; |
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THENCE, N 24'10'28" W, continuing along west property line, a |
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distance of 807.08 feet to an angle point; |
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THENCE, N 11'34'52" W, continuing along west property line, a |
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distance of 68'96 feet to a point of curvature; |
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THENCE Northwesterly, continuing along west property line, |
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with a curve to the left, having a radius of 1,453.39 feet, an arc |
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length of 319.45', a chord bearing of N 17'52'40"W, a chord length of |
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318.81 feet to a point of tangency; |
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THENCE, N 24'10'28" W, continuing along west property line, a |
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distance of 289.05 feet to an angle point; |
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THENCE, N 23'37'13" W, continuing along west property line, a |
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distance of 106.91 feet to an angle point; |
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THENCE, N 38'55'39" E, continuing along west property line, a |
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distance of 61.27 feet to an angle point; |
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THENCE, N 00'04'56" E, continuing along west property line, a |
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distance of 98.12 feet to an angle point; |
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THENCE, N 89'55'04" W, continuing along west property line, a |
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distance of 15.22 feet to an angle point; |
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THENCE, N 53'23'49" W, continuing along west property line, a |
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distance of 9/98 feet to a point marking the northwest corner and |
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the north property line of said 116.302 acre tract; |
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THENCE, S, 89'54'41" E, along north property line, a distance |
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of 1,300.91 feet to an angle point marking the northeast corner of |
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said 116.302 acre tract; |
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THENCE, S. 00'18'51" E, along east property line, a distance |
|
of 793.93 feet to a point of curvature; |
|
THENCE, Southeasterly, continuing along east property line, |
|
with a curve to the left, having a radius of 3,010.00 feet an arc |
|
length of 890.16', a chord bearing of S 08'47'10" E and a chord |
|
length of 886.92 feet to a point of tangency; |
|
THENCE, S 17'15'30" E, continuing along east property line, a |
|
distance of 130.28 feet to a point of curvature; |
|
THENCE, Southeasterly, continuing along east property line, |
|
with a curve to the right, having a radius of 1,190.00 feet, an arch |
|
length of 687.32, a chord bearing of S 00'42'43" E, and a chord |
|
length of 677.80 feet to a point of tangency; |
|
THENCE, S 15'50'03" W, continuing along east property line, a |
|
distance of 178.96 feet to a point of curvature; |
|
THENCE, Southwesterly, continuing along east property line, |
|
with a curve to the right, having a radius of 2010.00 feet, and an |
|
arc length of 708.66 feet, a chord bearing of S 05'44'02" W, a chord |
|
length of 705.00 feet to a point of tangency; |
|
THENCE, S 04'21'59" E, continuing along east property line, a |
|
distance of 330.66 feet to appoint of curvature; |
|
THENCE, Southeasterly, continuing along the east property |
|
line, with a curve to the left, having a radius of 2010.00 feet and |
|
an arc length of 1008.22 feet a chord bearing of S 18'44'11" E, a |
|
chord length of 997.68 feet to a point of tangency; |
|
THENCE, S 33'06'22" E, continuing along east property line, a |
|
distance of 519.69 feet to a point of curvature; |
|
THENCE, Southeasterly, continuing along eh east property |
|
line, with a curve to the right, having a radius of 800.00 feet, and |
|
an arc length of 273.94 feet, a chord bearing of S 23'17'47" E, a |
|
chord length of 272.71 feet to an angle point; |
|
THENCE, S 19'38'12" W, along the east property line, a |
|
distance of 1188.58 feet to an angle point marking the southeast |
|
corner of said 116.302 acre tract; |
|
THENCE, S 89'06'43" W, along the south property line, a |
|
distance of 257.43 feet to a point of curvature; |
|
THENCE, Westerly, continuing along the south property line, |
|
with a curve to the left, having a radius of 117130.73 feet, and an |
|
arc length of 118.10 feet, a chord bearing of S 89'18'33" W, a chord |
|
length of 118.10 feet to a point of tangency; |
|
THENCE, S 89'30'22" W, continuing along south property line, |
|
a distance of 40.75 feet to an angle point; |
|
THENCE, N 86'20'48" W, continuing along south property line, |
|
a distance of 401.05 feet to an angle point; |
|
THENCE, N 82'48'17" W, continuing along south property line, |
|
a distance of 276.38 feet to the POINT OF BEGINNING and containing |
|
116.302 acres and 5,066,122.07 square feet; |
|
TRACT 3 |
|
OF 38.4163 acres or 1,678.415 Square Feet of land being part |
|
of the remainder of that certain 80 acres tract of land, conveyed to |
|
HERMANN HEALTH CARE SYSTEM, Inc. by a deed recorded under Clerk's |
|
File No. 9774265, of the Fort Bend County Deed Records (F.B.C.D.R.) |
|
lying in the ELIJAH ROARK LEAGUE Survey, Abstract No. 77, in Fort |
|
Bend County, Texas, said 38.4163 Acre tract is more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at the North Right-of-Way of Trammel-Fresno Road, |
|
(A variable Width Right-of Way as monument and occupied), at the |
|
Southwest corner of that certain 961.03 acre tract of land conveyed |
|
to TEAL RUN, LTD & TEAL RUN No. 2, LTD BY A DEED RECORDED UNDER |
|
Volume 1923, Page 968, F.B.C.D.R., from which a 5/8 inch iron rod |
|
with a Cotton Cap found North, 1.98 feet and west, 0.39 feet; |
|
THENCE South 84 deg. 17 min. 58 sec. West , along the North |
|
Right-of-Way of said Trammel-Fresno Road, a distance of 380.11 feet |
|
to a point for corner, from which a 5/8 inch iron rod was found North |
|
0.15 feet and East 0.14 feet; |
|
THENCE South 89 deg. 08 min. 32 sec. West along the North |
|
Right-of-Way of said Trammel- Fresno Road, a distance of 711.97 |
|
feet to a 5/8 inch iron rod found at a point for corner at the |
|
Southeast corner of that certain 6.269 acre tract of land conveyed |
|
to HOUSTON LIGHTING AND POWER Co. by a deed reordered under Volume |
|
495, Page 659, F.B.C.D.R.; |
|
THENCE North 19 deg. 38 min. 12 sec. East along the Southeast |
|
line of said 6.269 acre tract of land, a distance of 3289.59 feet to |
|
a point for corner, from which a 5/8 inch iron rod with a Cotton Cap |
|
was found North, 0.08 feet; |
|
THENCE South 00 deg. 17 min. 18 sec. West along the West line |
|
of said 961.03 acre tract of land a distance of 3049.90 feet to the |
|
POINT OF BEGINNING, containing within these calls 38.4163 acres or |
|
1,673,415 Square Feet of land as depicted on sheet 4 of 4 of a plat |
|
prepared by Donald K. Hall, R.P.L.S. No. 4070, dated November 20, |
|
2000, revised February 13, 2001, and June 28, 2001. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4156 was passed by the House on May 8, |
|
2015, by the following vote: Yeas 140, Nays 2, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 4156 on May 29, 2015, by the following vote: Yeas 145, Nays 0, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 4156 was passed by the Senate, with |
|
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
|
1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |