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AN ACT
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relating to the creation of the Windsor Hills Municipal Management |
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District No. 1; providing authority to issue bonds; providing |
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authority to impose assessments. |
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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 3946 to read as follows: |
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CHAPTER 3946. WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3946.001. 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 Midlothian, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Development agreement" means a development |
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agreement between the city and One Windsor Hills, L.P., that |
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establishes the standards that apply to development in the district |
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and includes zoning provisions for the district that allow a |
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maximum of 545 residential units. |
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(5) "Director" means a board member. |
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(6) "District" means the Windsor Hills Municipal |
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Management District No. 1. |
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(7) "Finance plan" means a finance plan between the |
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city and the district that includes a general description of |
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proposed improvement projects that will be financed by the |
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district, an estimate of the costs for the proposed improvement |
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projects, and the means of financing costs related to the planning, |
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design, construction, and improvement of the proposed improvement |
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projects. |
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Sec. 3946.002. PRECONDITION; EXPIRATION. (a) The district |
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may not exercise any powers under this chapter until the |
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development agreement and finance plan are executed. |
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(b) This chapter, including Section 3946.052, expires |
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September 1, 2019, if the development agreement and finance plan |
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are not executed by that date. |
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Sec. 3946.003. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3946.004. PURPOSE; LEGISLATIVE FINDINGS. (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 and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas 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 from providing the level of |
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services provided to the area in the district as of the effective |
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date of the Act enacting this chapter. The district is created to |
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supplement and not to supplant the city services provided in the |
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district. |
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Sec. 3946.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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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 district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) 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; |
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(3) providing quality residential housing; and |
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(4) developing or expanding transportation and |
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commerce. |
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(e) 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 residential community and business |
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center; and |
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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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(f) 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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(g) 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. 3946.006. 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 contract; |
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(3) authority to borrow money or issue any type of |
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bonds or other obligations for a purpose for which the district is |
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created; |
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(4) right to impose or collect an assessment, or |
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collect other revenue; or |
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(5) legality or operation. |
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Sec. 3946.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICT LAW. Except as provided by this chapter, Chapter 375, |
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Local Government Code, applies to the district. |
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Sec. 3946.008. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The initial directors shall hold an election to confirm |
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the creation of the district and to elect five permanent directors |
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as provided by Section 49.102, Water Code. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3946.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 3946.052, directors serve |
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staggered four-year terms, with two or three directors' terms |
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expiring May 31 of each even-numbered year. |
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Sec. 3946.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) John Malloy; |
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(2) Jon Hendrickson; |
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(3) Suzanne Disette; |
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(4) Katie Martin Brown; and |
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(5) Christopher Alan Cain. |
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(b) Initial directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3946.008; or |
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(2) June 1, 2021. |
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(c) If permanent directors have not been elected and the |
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terms of the initial directors have expired, successor directors |
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shall be appointed or reappointed as provided by Subsection (d) to |
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serve terms that expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3946.008; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor directors the five persons named in |
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the petition. The commission shall appoint as successor directors |
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the five persons named in the petition. |
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Sec. 3946.053. ELIGIBILITY. To be qualified to serve as a |
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director, a person must meet the qualifications prescribed by |
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Section 375.063, Local Government Code. |
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Sec. 3946.054. EX OFFICIO DIRECTORS. (a) The following |
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persons serve ex officio as nonvoting directors: |
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(1) the city manager of the city; and |
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(2) the chief financial officer of the city. |
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(b) An ex officio director is entitled to speak on a matter |
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before the board. |
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Sec. 3946.055. VACANCY. A vacancy on the board shall be |
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filled by the remaining members of the board for the unexpired term. |
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Sec. 3946.056. DIRECTOR'S OATH OR AFFIRMATION. A director |
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shall file the director's oath or affirmation of office with the |
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district, and the district shall retain the oath or affirmation in |
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the district records. |
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Sec. 3946.057. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. |
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Sec. 3946.058. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses in the |
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manner 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. 3946.059. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3946.060. CONFLICTS OF INTEREST. Chapter 171, Local |
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Government Code, governs conflicts of interest of directors. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3946.101. IMPROVEMENT PROJECTS. (a) The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter D. |
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(b) An improvement project authorized under this chapter |
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may be located inside or outside the district. |
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Sec. 3946.102. RULES; ENFORCEMENT. (a) The district may |
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adopt rules: |
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(1) to administer or operate the district; or |
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(2) for the use, enjoyment, availability, protection, |
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security, and maintenance of the district's property and |
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facilities. |
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(b) The district may enforce its rules by injunctive relief. |
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Sec. 3946.103. NAME CHANGE; NOTICE. (a) The board by |
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resolution may change the district's name. |
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(b) The board shall give written notice of a name change to |
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the city. |
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Sec. 3946.104. TERMS OF EMPLOYMENT; COMPENSATION. The |
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board may employ and establish the terms of employment and |
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compensation of an executive director or general manager and any |
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other district employees the board considers necessary. |
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Sec. 3946.105. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. IMPROVEMENT PROJECTS AND SERVICES |
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Sec. 3946.151. IMPROVEMENT PROJECTS AND SERVICES. Except |
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as otherwise provided by this chapter, the district may provide, or |
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contract with a governmental or private entity to provide, water, |
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wastewater, drainage, or roadway projects, or related projects and |
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services. |
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Sec. 3946.152. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project unless the board |
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determines the project is necessary to accomplish a public purpose |
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of the district. |
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Sec. 3946.153. CITY REQUIREMENTS. (a) An improvement |
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project must comply with any applicable city construction codes and |
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construction ordinances. |
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(b) The district may not provide, conduct, or authorize any |
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improvement project on the city's streets, highways, |
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rights-of-way, or easements without the consent of the city. |
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Sec. 3946.154. ADDITIONAL CITY POWERS REGARDING |
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IMPROVEMENT PROJECTS. (a) Except as otherwise provided by an |
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agreement between the district and the city, the city may: |
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(1) by ordinance, order, resolution, or other |
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directive require that title to all or any portion of an improvement |
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project vest in the city; or |
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(2) by ordinance, order, resolution, or other |
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directive authorize the district to own, encumber, maintain, and |
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operate an improvement project or convey the project to the city at |
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a later date. |
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(b) The district shall immediately comply with any city |
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ordinance or resolution adopted under this section. |
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SUBCHAPTER E. CONTRACTS |
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Sec. 3946.201. GENERAL CONTRACT POWERS. The district may |
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contract with any person to accomplish any district purpose. |
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Sec. 3946.202. CONTRACT TERMS. A contract the district |
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enters into to carry out a purpose of this chapter may be on any |
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terms and for any period the board determines, including an |
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obligation to issue a negotiable or nonnegotiable note or warrant |
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payable to the city or any other person. |
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Sec. 3946.203. REIMBURSEMENT OF COSTS. The district may |
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contract with any person for the payment, repayment, or |
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reimbursement of costs incurred by that person on behalf of the |
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district, including all or part of the costs of an improvement |
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project and interest on the reimbursed cost. |
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Sec. 3946.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The |
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district may contract with any person for the use, occupancy, |
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lease, rental, operation, maintenance, or management of all or part |
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of a proposed or existing improvement project. |
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(b) The district may apply for and contract with any person |
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to receive, administer, and perform a duty or obligation of the |
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district under a federal, state, local, or private gift, grant, |
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loan, conveyance, transfer, bequest, or other financial assistance |
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arrangement relating to the investigation, planning, analysis, |
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study, design, acquisition, construction, improvement, completion, |
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implementation, or operation by the district or others of a |
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proposed or existing improvement project. |
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Sec. 3946.205. NO FURTHER CONTRACT AUTHORIZATION REQUIRED. |
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Any person, including the city, may contract with the district to |
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carry out the purposes of this chapter without further statutory or |
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other kind of authorization. |
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SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
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Sec. 3946.251. DEVELOPMENT AGREEMENT REQUIRED TO BORROW |
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MONEY OR IMPOSE ASSESSMENTS. Before the district may issue bonds, |
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impose assessments, or borrow money, the district must obtain from |
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the city confirmation that no defaults under the development |
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agreement are known. |
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Sec. 3946.252. BORROWING MONEY. The district may borrow |
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money for a district purpose by issuing or executing bonds, notes, |
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credit agreements, or other obligations of any kind found by the |
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board to be necessary or appropriate for a district purpose. The |
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bond, note, credit agreement, or other obligation must be secured |
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by and payable from assessments or any other district revenue. |
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Sec. 3946.253. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue, by public or private sale, bonds, notes, or |
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other obligations payable wholly or partly from assessments in the |
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manner provided by Subchapter J, Chapter 375, Local Government |
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Code. |
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(b) If the improvements financed by an obligation will be |
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conveyed to or operated and maintained by a municipality or retail |
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utility provider pursuant to an agreement between the district and |
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the municipality or retail utility provider entered into before the |
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issuance of the obligation, the obligation may be issued in the |
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manner provided by Subchapter A, Chapter 372, Local Government |
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Code. |
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(c) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(d) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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Government Code, district bonds may be secured and made payable |
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wholly or partly by a pledge of any part of the money the district |
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receives from improvement revenue or from any other source. |
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Sec. 3946.254. BOND MATURITY. Bonds may mature not more |
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than 40 years from their date of issue. |
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Sec. 3946.255. ISSUER POWERS FOR CERTAIN PUBLIC |
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IMPROVEMENTS. The district may exercise any power of an issuer |
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under Chapter 1371, Government Code. |
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Sec. 3946.256. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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secure the payment or repayment of any bond, note, or other |
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temporary or permanent obligation or reimbursement or other |
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contract with any person and the costs and expenses of the |
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establishment, administration, and operation of the district and |
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the district's costs or share of the costs or revenue of an |
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improvement project or district contractual obligation or debt by: |
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(1) a lease, installment purchase contract, or other |
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agreement; or |
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(2) any other revenue or resources of the district or |
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other revenue authorized by the city, including revenue from a tax |
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increment reinvestment zone created by the city. |
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Sec. 3946.257. ASSESSMENTS. (a) The district may impose an |
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assessment on property in the district to pay the cost of any |
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authorized district improvement or to pay the costs of establishing |
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and operating the district in the manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) An assessment may not exceed the equivalent of 43 cents |
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per $100 of valuation on the average residential lot in the |
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district. |
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(c) 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; and |
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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. |
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(d) The lien of an assessment against property runs with the |
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land. The portion of an assessment payment obligation that has not |
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yet come due is not eliminated by the foreclosure of an ad valorem |
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tax lien, and any purchaser of property in a foreclosure of an ad |
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valorem tax lien takes the property subject to the assessment |
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payment obligations that have not yet come due and to the lien and |
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terms of the lien's payment under the applicable assessment |
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ordinance or order. |
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(e) 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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Sec. 3946.258. COSTS FOR IMPROVEMENT PROJECTS. The |
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district may undertake separately or jointly with other persons, |
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including the city, all or part of the cost of an improvement |
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project, including an improvement project that confers a general |
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benefit on the entire district or a special benefit on a definable |
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part of the district. |
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Sec. 3946.259. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3946.260. NO IMPACT FEES. The district may not impose |
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an impact fee. |
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Sec. 3946.261. NO AD VALOREM TAX. The district may not |
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impose an ad valorem tax. |
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SUBCHAPTER G. DISSOLUTION |
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Sec. 3946.301. DISSOLUTION BY CITY ORDINANCE. (a) The city |
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by ordinance may dissolve the district. |
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(b) The city may not dissolve the district until: |
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(1) the district's outstanding debt or other |
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obligations have been repaid, assumed, or discharged, including the |
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defeasance of any outstanding bonds or other obligations through |
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the issuance of debt by the city; and |
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(2) each party to the development agreement fulfills |
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the party's obligations under the agreement and the plan, including |
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a district obligation to reimburse a developer or owner for the |
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costs of an improvement project or service. |
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Sec. 3946.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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(a) If the dissolved district has bonds or other obligations |
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outstanding secured by and payable from assessments or other |
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revenue, the city shall succeed to the rights and obligations of the |
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district regarding enforcement and collection of the assessments or |
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other revenue. |
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(b) The city shall have and exercise all district powers to |
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enforce and collect the assessments or other revenue to pay: |
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(1) the bonds or other obligations when due and |
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payable according to their terms; or |
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(2) special revenue or assessment bonds or other |
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obligations issued by the city to refund the outstanding bonds or |
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obligations. |
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Sec. 3946.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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After the city dissolves the district, the city assumes, subject to |
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the appropriation and availability of funds, the obligations of the |
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district, including any bonds or other debt payable from |
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assessments or other district revenue. |
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(b) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. The Windsor Hills Municipal Management District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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TRACT ONE |
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BEING a tract of land out of the JOSEPH STEWART Survey, |
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Abstract Number 961, M.E.P. & P.R.R. COMPANY Survey, Abstract |
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Number 761, JAMES JONES Survey, Abstract Number 583, ALLEN REEVES |
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Survey, Abstract Number 939 and the B.F. BERRY Survey, Abstract |
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Number 1547 and being part of a tract of land described to One |
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Windsor Hills L.P. as recorded in Volume 2199, Page 2425, Volume |
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2181, Page 1640 and Volume 2206, Page 1415, Deed Records, Ellis |
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County, Texas, and being more particularly described by metes and |
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bounds as follows: |
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BEGINNING at the northwesterly corner of a tract of land |
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described to One Windsor Hills L.P. in Volume 2206, Page 1415, Deed |
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Records, Ellis County, Texas, and the southwesterly corner of a |
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tract of land described to Suburban Residential, L.P. as recorded |
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in Volume 2061, Page 1487, Deed Records, Ellis County, Texas, said |
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point also being in the easterly right-of-way of U.S. Highway |
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Number 287 (a variable width right-of-way). |
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THENCE North 59°34'56" East along said common line and |
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departing said east right-of-way line passing at a distance of |
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223.98 feet the easterly line of said Suburban Residential, L.P. |
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tract and the westerly line of said tract of land described to One |
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Windsor Hills, L.P. in Volume 2181, Page 1640 in all a total |
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distance of 2878.85 feet to a point for corner; |
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THENCE North 30°22'31" West, a distance of 623.90 feet to a |
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point for corner; |
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THENCE North 81°43'06" East, a distance of 488.08 feet to a |
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point for corner; |
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THENCE North 72°00'40" East, a distance of 320.19 feet to a |
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point for corner; |
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THENCE North 71°30'14" East, a distance of 275.16 feet to a |
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point for corner; |
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THENCE North 60°21'33" East, a distance of 306.11 feet to a |
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point for corner; |
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THENCE North 60°52'42" East, a distance of 324.51 feet to a |
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point for corner; |
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THENCE North 62°51'56" East, a distance of 737.24 feet to a |
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point for corner; |
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THENCE North 77°31'00" East, a distance of 184.84 feet to a |
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point for corner; |
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THENCE South 54°36'52" East, a distance of 94.36 feet to a |
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point for corner; |
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THENCE South 45°11'54" East, a distance of 143.80 feet to a |
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point for corner; |
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THENCE North 00°06'23" East, a distance of 2809.23 feet to a |
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point for corner, said point being at the beginning of tangent curve |
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to the right whose chord bears North 04°50'09" East, and a chord |
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length of 454.89; |
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THENCE in a northeasterly direction with said curve to the |
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right having a central angle 09°5305", with a radius of 2640.00 |
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feet, an arc length of 455.45 feet to a point for corner, said point |
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being in the northeasterly line of said tract of land described to |
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One Windsor Hills, L.P. in Volume 2199, Page 2425, and southerly |
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line of a tract of land described to JAS Holdings, L.L.C. as |
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recorded in Volume 2051, Page 2082, Deed Records, Ellis County, |
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Texas; |
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THENCE North 88°55'17" East, along said common line a distance |
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of 627.82 feet to a point for corner; |
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THENCE South 01°20'17" East continuing along said common line |
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a distance of 491.92 feet to a point for corner; |
|
THENCE North 87°52'20' East continuing along said common line |
|
a distance of 765.58 feet to a point for corner; |
|
THENCE North 89°07'31" East continuing along said common line |
|
a distance of 1045.64 feet to a point for corner said point being in |
|
the apparent westerly line of Quarry Road (a variable width |
|
right-of-way); |
|
THENCE along said Quarry Road the following calls: South |
|
00°31'02" East, a distance of 2176.51 feet to a point for corner; |
|
South 00°12'55" West, a distance of 619.03 feet to a point for |
|
corner; South 00°11'45" West, a distance of 2361.69 feet to a point |
|
for corner, said point being the northerly line of a tract of land |
|
described to Fulson Midlothian Partners L.P., in Volume 2220, Page |
|
0194, Deed Records, Ellis County, Texas; |
|
THENCE South 73°40'45" West, departing said Quarry Road, a |
|
distance of 1024.70 feet to a point for corner, said point being in |
|
the easterly line of said tract of land described to One Windsor |
|
Hills, L.P. in Volume 2206, Page 1415, and the northerly line of |
|
said Fulson Midlothian Partners L.P. tract; |
|
THENCE South 30°37'38" East, continuing along said common |
|
line a distance of 350.99 feet to a point for corner; |
|
THENCE South 59°15'58" West, continuing along said common |
|
line a distance of 3738.60 feet to a point for corner; |
|
THENCE South 00°20'54" West, continuing along said common |
|
line a distance of 423.54 feet to a point for corner, said point |
|
being in the said northerly right-of-way line of U.S. Highway |
|
Number 287; |
|
THENCE along said northerly right-of-way line of U.S. Highway |
|
Number 287 the following calls: North 63°06'06" West, a distance of |
|
291.86 feet to a point for corner; North 59°56'14" West, a distance |
|
of 490.32 feet to a point for corner; North 57°00'04" West, a |
|
distance of 447.27 feet to a point for corner; North 56°34'07" West, |
|
a distance of 486.37 feet to a point for corner; North 50°47'17" |
|
West, a distance of 387.41 feet to a point for corner; North |
|
49°12'36" West, a distance of 604.08 feet to a point for corner; |
|
North 48°29'20" West, a distance of 123.15 feet to a point for |
|
corner, said point being in the southeasterly line of a tract of |
|
land described to City of Midlothian, Cause Number 04-C-3616 County |
|
Court of Law, Ellis County, Texas; |
|
THENCE North 41°28'19" East, departing the said northerly |
|
right-of-way line of U.S Highway 287, a distance of 100.00 feet to a |
|
point for corner; |
|
THENCE North 48°53'44" West continuing along said common line |
|
a distance of 99.72 feet to a point for corner; |
|
THENCE South 41°38'09" West continuing along said common line |
|
a distance of 99.36 feet to a point for corner, said point being in |
|
the said northerly right-of-way line of U.S. Highway 287; |
|
THENCE along said northerly right-of-way line of U.S. Highway |
|
Number 287 the following calls: North 48°36'14" West, a distance of |
|
247.58 feet to a point for corner; North 42°50'51" West, a distance |
|
of 458.34 feet to a point for corner; North 51°04'02" West, a |
|
distance of 466.39 feet to a point for corner; North 27°30'07" West, |
|
a distance of 3.46 feet to the POINT OF BEGINNING, containing |
|
29,532,612 square feet or 677.97 acres, more or less. |
|
TRACT TWO |
|
BEING a tract of land out of thee ALLEN REEVES Survey, |
|
Abstract Number 939 and being part of a tract of land described to |
|
One Windsor Hills L.P. as recorded in Volume 2202, Page 2425, Deed |
|
Records, Ellis County, Texas, and being more particularly described |
|
by metes and bounds as follows: |
|
BEGINNING at the southeasterly corner of a tract of land |
|
described to One Windsor Hills L.P. Tract 2 in Volume 2202, Page |
|
1295, Deed Records, Ellis County, Texas, said point also being in |
|
the southwesterly line of a tract of land described to City of |
|
Midlothian in Volume 491, Page 081, Deed Records, Ellis County, |
|
Texas, said point also being in the apparent northerly line of Auger |
|
Road (a variable width right-of-way); |
|
THENCE along said northerly line of Auger Road the following |
|
calls: South 81°59'52" West, a distance of 520.79 feet to a point for |
|
corner; North 84°51'18" West, a distance of 617.43 feet to a point |
|
for corner; South 79°50'03" West, a distance of 442.41 feet to a |
|
point for corner, said point also being in the apparent easterly |
|
line of Quarry Road (a variable width right-of-way) and also being |
|
in the westerly line of said One Windsor Hills, L.P. Tract Two; |
|
THENCE North 00°09'14" West, a distance of 2342.31 feet to a |
|
point for corner, said point being in the southwesterly line of a |
|
tract of land described to North Texas Cement Company in Volume 846, |
|
Page 138, Deed Records, Ellis County, Texas; |
|
THENCE North 88°56'09" East departing said easterly line of |
|
Quarry Road and continuing along said common line a distance of |
|
563.53 feet to a point for corner; |
|
THENCE North 00°21'10" West, continuing along said common |
|
line a distance of 250.88 feet to a point for corner; |
|
THENCE North 89°56'37" East, a distance of 2097.82 feet to |
|
appoint for corner, said point being in the westerly line of a tract |
|
of land described to City of Midlothian in Volume 2451, Page 0414, |
|
Deed Records, Ellis County, Texas; |
|
THENCE South 00°22'22" East, continuing along said common |
|
line a distance of 1414.75 feet to a point for corner; |
|
THENCE South 89°25'13" West, a distance of 563.27 feet to a |
|
point for corner; |
|
THENCE South 36°57'24" West, a distance of 156.39 feet to a |
|
point for corner; |
|
THENCE South 42°37'28" West, a distance of 220.86 feet to a |
|
point for corner; |
|
THENCE South 17°07'08" West, a distance of 110.49 feet to a |
|
point for corner; |
|
THENCE South 29°56'28" West, a distance of 283.81 feet to a |
|
point for corner; |
|
THENCE South 83°24'38" West, a distance of 135.84 feet to a |
|
point for corner. |
|
THENCE South 02°33'31" East, a distance of 435.91 feet to the |
|
POINT OF BEGINNING, containing 5,604,605 square feet or 128.66 |
|
acres, more or less. |
|
TRACT THREE |
|
BEING a tract of land out of the ALLEN REEVES Survey, Abstract |
|
Number 939 and being part of a tract of land described to Jas |
|
Holdings, LLC, as recorded in Volume 2051, Page 2082, Deed Records, |
|
Ellis County, Texas, and being more particularly described by metes |
|
and bounds as follows: |
|
BEGINNNG at the northwesterly line of said Holdings tract, |
|
said point being at the intersection of the southerly line of Gifco |
|
Road and the westerly line of Quarry Road; |
|
THENCE South 06°40'47" West, a distance of 443.05 feet to a |
|
point for corner; |
|
THENCE South 06°09'13" East, a distance of 220.20 feet to a |
|
point for corner; |
|
THENCE South 10°13'13" East, a distance of 536.49 feet to a |
|
point for corner; |
|
THENCE South 08°58'47" West, a distance of 136.00 feet to a |
|
point for corner; |
|
THENCE South 10°19'36" West, a distance of 210.10 feet to a |
|
point for corner; |
|
THENCE South 00°07'52" East, a distance of 565.79 feet to a |
|
point for corner, said point being in the southerly line of said |
|
Holdings tract and the northerly line of a tract of land described |
|
to One Windsor Hills, L.P. as recorded in Volume 2199, Page 2425, |
|
Deed Records, Ellis County, Texas; |
|
THENCE with said common line the following calls: South |
|
89°07'31" West, a distance of 1045.64 feet to a point for corner; |
|
South 87°52'20" West, a distance of 765.58 feet to a point for |
|
corner; North 01°20'17" West, a distance of 491.92 feet to a point |
|
for corner; South 88°55'27" West, a distance of 627.82 feet to a |
|
point for corner, said point being at the beginning of a non-tangent |
|
curve to the right whose chord bears North 31°16'58" East, a |
|
distance of 1935.46 feet; |
|
THENCE in a northeasterly direction with said non-tangent |
|
curve to the right having a central angle of 43°00'28", with a radius |
|
of 2640.00 feet, an arc length of 1981.66 feet to a point for |
|
corner, said point being in the northerly line of said Holdings |
|
tract; |
|
THENCE North 89°50'10" East, along the northerly line of said |
|
Holdings tract a distance of 1436.81 feet to the POINT OF BEGINNING, |
|
containing 4,273,854 square feet or 98.11 acres, more or less. |
|
SECTION 3. (a) The legislature finds that the Windsor Hills |
|
Municipal Management District No. 1 created under Chapter 3907, |
|
Special District Local Laws Code, as added by Chapter 858 (H.B. |
|
3836), Acts of the 82nd Legislature, Regular Session, 2011, did not |
|
execute a development agreement and finance plan by September 1, |
|
2012. Therefore, Chapter 3907, Special District Local Laws Code, |
|
expired by operation of Section 3907.002(b), Special District Local |
|
Laws Code, on September 1, 2012. |
|
(b) The legislature finds that the Windsor Hills Municipal |
|
Management District No. 1 created under Chapter 3907A, Special |
|
District Local Laws Code, as added by Chapter 253 (H.B. 518), Acts |
|
of the 83rd Legislature, Regular Session, 2013, did not execute a |
|
development agreement and finance plan by September 1, 2015. |
|
Therefore, Chapter 3907A, Special District Local Laws Code, expired |
|
by operation of Section 3907A.002(b), Special District Local Laws |
|
Code, on September 1, 2015. |
|
SECTION 4. (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) 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 5. This Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3136 was passed by the House on May |
|
19, 2017, by the following vote: Yeas 139, Nays 5, 2 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3136 on May 25, 2017, by the following vote: Yeas 145, Nays 2, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3136 was passed by the Senate, with |
|
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays |
|
2. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |