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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Rock Prairie Management District No. 2; |
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providing authority to issue bonds; providing authority to impose |
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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 3909 to read as follows: |
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CHAPTER 3909. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3909.001. 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 College Station. |
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(3) "County" means Brazos County. |
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(4) "Director" means a board member. |
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(5) "District" means the Rock Prairie Management |
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District No. 2. |
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Sec. 3909.002. NATURE OF DISTRICT. The Rock Prairie |
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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. 3909.003. 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. 3909.004. 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 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. 3909.005. 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 bond 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 bond; |
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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. 3909.006. 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. 3909.007. 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. 3909.008. 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. 3909.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three 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 and the change is approved by the |
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city. The board may not consist of fewer than 5 or more than 15 |
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voting directors. |
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Sec. 3909.052. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) |
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Each board of directors, including the initial board, shall |
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recommend to the governing body of the city persons to serve on the |
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succeeding board. |
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(b) The governing body of the city shall review the |
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recommendations and approve or disapprove the directors |
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recommended by the board. A person is appointed if a majority of the |
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members of the governing body and the mayor vote to appoint that |
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person. |
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(c) If the governing body of the city is not satisfied with |
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the recommendations submitted by the board and does not vote to |
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approve the recommended board members, the board, on the request of |
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the governing body, shall submit to the governing body additional |
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recommendations. If, after the second submission of |
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recommendations, the governing body does not vote to approve the |
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additional recommendations of the board, the governing body may |
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appoint persons who were not recommended to serve on the succeeding |
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board. |
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(d) Board members may serve successive terms. |
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(e) If a provision of Subsections (a)-(d) is found to be |
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invalid, the Texas Commission on Environmental Quality shall |
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appoint the board from recommendations submitted by the |
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then-current board. |
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Sec. 3909.053. 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. 3909.054. 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. 3909.055. 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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1 |
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2 |
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3 |
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4 |
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5 |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2015, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2017. |
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(c) Section 3909.052 does not apply to this section. |
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(d) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3909.101. 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. 3909.102. 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. 3909.103. 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. 3909.104. 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 select directors from the board to serve |
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as the board of directors of the nonprofit corporation. The board |
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may appoint one or more persons who are not directors to the board |
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of directors of the nonprofit corporation if the governing body of |
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the city determines that the appointment is in the best interest of |
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the district. The board of directors of the nonprofit corporation |
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shall serve in the same manner as the board of directors of a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code, except that a board member is not required to |
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reside in the district. |
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Sec. 3909.105. 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, grant, or loan from any person. |
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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. 3909.106. 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. 3909.107. 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. 3909.108. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3909.109. 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. 3909.110. 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. 3909.111. APPROVAL BY CITY. (a) Except as provided by |
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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 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 governing |
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body of the city of a capital improvements budget for a period not |
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to exceed 10 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. 3909.112. 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. 3909.151. 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. 3909.152. 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. 3909.153. 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. 3909.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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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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Sec. 3909.155. EXEMPTIONS. Section 375.162, Local |
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Government Code, does not apply to an organization exempt from |
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federal income tax under Section 501(a), Internal Revenue Code of |
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1986, by being described by Section 501(c)(3) of that code, |
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operating in the district. The organization is not exempt from |
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paying a district assessment. |
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Sec. 3909.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax authorized |
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or approved by the voters of the district or a required payment for |
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a service provided by the district, including water and sewer |
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services. |
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Sec. 3909.157. TAX AND ASSESSMENT ABATEMENT. The district |
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may designate reinvestment zones and may grant abatements of |
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district taxes or assessments on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3909.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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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 3909.203. |
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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. 3909.202. 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 3909.201, 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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Sec. 3909.203. 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. 3909.204. 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. |
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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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Sec. 3909.205. 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. 3909.206. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
|
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. Rock Prairie Management District No. 2 initially |
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includes all territory contained in the following area: |
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All that certain tract or parcel of land lying and being |
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situated in the Thomas Caruthers league (abstract no. 9) and Robert |
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Stevenson league (abstract no. 54) in College Station, Brazos |
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County, Texas, generally being the area between State Highway no. 6 |
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and Rock Prairie Road East, from Medical Avenue to William D. Fitch |
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Parkway, save and except all of Lot 1, Rock Prairie Baptist Church |
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(vol. 7312, pg. 207) lying south of the south right-of-way of Rock |
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Prairie Road East, and the boundary being more particularly |
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described as follows: |
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Beginning at the intersection of the south right-of-way line |
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of Rock Prairie Road East (60 feet south of surveyed centerline) and |
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the east boundary of Block 7 of the Scott & White Healthcare |
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Subdivision (vol. 10179, pg. 50), being the northeast corner of Lot |
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1, Block 7 of said subdivision, and from where City of College |
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Station GPS control monument no. 9 bears S 82° 02' 35" E - 7016.5 |
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feet. |
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Thence N 2 ° 42' 34" W - 120.04 feet along an extension of the |
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said east boundary line of Block 7, to a point in the north |
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right-of-way line of Rock Prairie Road East; |
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Thence along the north right-of-way lines of Rock Prairie |
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Road East (59.0 feet north of the surveyed centerline) as follows: |
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S 86° 27' 34" E - 1771.13 feet, S 85° 02' 05" E - 1228.54 |
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feet and S 84° 23' 02" E - 10.29 feet to a right-of-way offset point |
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in the common line of the Dale and Reba Conrad 26.25 acre tract |
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(vol. 460, pg. 505) and the Flying Ace Ranch, Ltd. 26.245 acre tract |
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(vol. 3767, pg. 237); |
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Thence S 24° 22' 52" W - 1.58 feet along said common tract line |
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to another offset point in the north right-of-way line of Rock |
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Prairie Road East; |
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Thence along the north right-of-way lines of Rock Prairie |
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Road East (57.5 feet north of the surveyed centerline) as follows: |
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S 84° 23' 02" E - 606.93 feet, S 82° 02' 02" E - 1453.40 |
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feet, S 77° 01' 02" E - 1052.59 feet, S 76° 28' 02" E - 2876.58 feet, |
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S 69° 53' 32" E - 2812.30 feet to the beginning of a tangent curve to |
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the right with a radius of 1057.50 feet, along said curve through a |
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central angle of 11° 43' 34" to a point in the old northeast |
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prescriptive right-of-way fenceline, and S 69° 17' 50" E - 269.35 |
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feet along said fenceline to the southeast line of the Hartzell |
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Elkins 35.37 acre tract (vol. 1920, pg. 323) and northwest line of |
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William D. Fitch Parkway; |
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Thence across Rock Prairie Road East as follows: |
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S 42° 32' 30" W - 32.00 feet to the south corner of said |
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Elkins tract, called to be in the centerline of the road, S 19° 52' |
|
04" W - 36.01 feet to the east corner of the College Station |
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Independent School District 44.535 acre tract (vol. 8413, pg. 291) |
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at the old right-of-way fence corner post, and S 41° 51' 48" W - |
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170.08 feet along the southeast line of said C.S.I.S.D. tract and |
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northwest line of Fitch Parkway to its intersection with the south |
|
right-of-way chamfer of Rock Prairie Road East; |
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Thence along the south right-of-way lines of Rock Prairie |
|
Road East (57.5 feet south of the surveyed centerline) as follows: |
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N 5° 38' 11" W - 67.56 feet, N 53° 08' 10" W - 112.88 feet |
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to the beginning of a tangent curve to the left with a radius of |
|
942.50 feet, along said curve through a central angle of 16° 45' 22" |
|
to the point of tangency, and N 69° 53' 32" W - 551.37 feet to the |
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common line of said C.S.I.S.D. tract and the Brazos Valley Solid |
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Waste Management Agency, Inc. 76.00 acre Tract II (vol. 9857, pg. |
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186); |
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Thence S 41° 51' 48" W - 1842.68 feet along said common tract |
|
line to its southwest end in a northeast line of the B.V.S.W.M.A. |
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179.99 acre Tract I; |
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Thence S 48° 05' 47" E - 941.57 feet, along the common line of |
|
said Tract I and the C.S.I.S.D. tract to their common corner in the |
|
northwest right-of-way of William D. Fitch Parkway; |
|
Thence S 41° 51' 48" W - 1425.30 feet, along said northwest |
|
right-of-way line, to the south corner of the said B.V.S.W.M.A. |
|
Tract I; |
|
Thence S 41° 51' 48" W - 1066.80 feet, continuing along said |
|
northwest right-of-way line of William D. Fitch Parkway, to the |
|
east common corner of the City of College Station 140.29 acre Tract |
|
One (vol. 3900, pg. 188) and Spring Meadows Phase I (vol. 5106, pg. |
|
284); |
|
Thence along the southern boundaries of multiple City of |
|
College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056, pg. |
|
43) as follows: |
|
N 73° 00' 00" W - 496.40 feet, S 51° 00' 00" W - 175.05 |
|
feet, N 76° 00' 00" W - 200.00 feet, S 41° 51' 44" W - 51.88 feet, N 70° |
|
46' 00" W - 157.10 feet, S 41° 51' 44" W - 262.67 feet, N 82° 55' 43" W |
|
- 700.87 feet, S 41° 52' 26" W - 650.00, N 48° 08' 02" W - 412.47 feet, |
|
S 66° 47' 54" W - 827.57 feet, N 47° 45' 25" W - 129.90 feet, S 28° 59' |
|
29" W - 2.01 feet, S 41° 48' 43" W - 336.13 feet, S 48° 45' 08" E - |
|
440.00 feet and S 53° 00'00" W - 1304.90 feet to the northeast |
|
right-of-way line of State Highway no. 6; |
|
Thence along the northeast right-of-way lines of said highway |
|
as follows: |
|
N 49° 25' 00" W - 438.00 feet, N 55° 07' 38" W - 201.00 |
|
feet, N 49° 25' 00" W - 751.78 feet to the west corner of the City of |
|
College Station 36.9 acre tract (vol. 4329, pg. 134), and N 49° 25' |
|
00" W - 1025.93 feet to the south corner of Barron Park Subdivision |
|
(vol. 939, pg. 209); |
|
Thence along the southeast, northeast and northwest lines of |
|
Lots 1 and 2 of said Barron Park Subdivision as follows: |
|
S 41° 09' 46" E - 1353.16 feet, N 49° 12' 46" W - 88.68 |
|
feet to the south corner of the City of College Station 100.64 acre |
|
tract (vol. 6927, pg. 226), N 54° 07' 24" W - 291.11 feet, N 64° 27' |
|
21" W - 117.03 feet, N 54° 53' 54" W - 24.95 feet, N 53° 19' 32" W - |
|
113.87 feet, N 49° 26' 59" W - 190.11 feet and S 41° 09' 38" W - |
|
1286.04 feet to the common corner of said Lot 2 and Lot 3 in the |
|
northeast right-of-way line of State Highway no. 6; |
|
Thence along the said northeast right-of-way lines of said |
|
highway as follows: |
|
N 47° 46' 18" W - 537.86 feet to the southwest common |
|
corner of Lot 3 of said Barron Park Subdivision and that City of |
|
College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46' 48" |
|
W - 65.34 feet, N 55° 07' 37" W - 201.00 feet, N 49° 25' 00" W - 600.00 |
|
feet and N 44° 08' 33" W - 147.79 feet to the southwest common corner |
|
of said 46.60 acre tract and the Barker Subdivision (vol. 5101, pg. |
|
182); |
|
Thence N 38° 51' 07" E - 279.95 feet along the southeast line |
|
of said Barker Subdivision to its east corner; |
|
Thence N 47° 42' 16" W - 1053.70 feet along the northeast line |
|
of said Barker Subdivision and continuing along the northeast line |
|
of Cooper's Subdivision (vol. 4708, pg. 230) to its north corner, |
|
also being the east corner of the Harley Subdivision (vol. 3961, pg. |
|
236) and the south corner of that IHD Properties, LLC 2.77 acre |
|
Tract One (vol. 10144, pg. 203); |
|
Thence along the south, east and north lines of said IHD |
|
Properties tract as follows: |
|
N 42° 17' 04" E - 175.00 feet, N 47° 42' 56" W - 638.83 |
|
feet and S 72° 19' 02" W - 202.14 feet to the northeast line of said |
|
Harley Subdivision and a southwest line of that M.D. Wheeler, Ltd. |
|
71.52 acre Tract Two (vol. 3007, pg. 341); |
|
Thence along the southwest lines of said Wheeler Tract Two |
|
and continuing along the southeast lines of the Wheeler 10.01 acre |
|
Tract One as follows: |
|
N 47° 42' 33" W - 177.08 feet, N 46° 46' 09" W - 304.24 |
|
feet, S 21° 27' 46" W - 145.09 feet and S 41° 43' 32" W - 194.25 feet, |
|
returning to the northeast right-of-way line of State Highway no. |
|
6; |
|
Thence along the said highway northeast right-of-way lines as |
|
follows: |
|
N 42° 27' 25" W - 105.18 feet, N 36° 45' 17" W - 383.87 |
|
feet, N 27° 43' 31" W - 192.30 feet and N 34° 27' 26" W - 55.00 feet to |
|
the southeast line of Block 4 of the said Scott & White Healthcare |
|
Subdivision; |
|
Thence along the east boundary lines of said Scott & White |
|
subdivision as follows: |
|
N 41° 15' 39" E - 1224.44 feet, N 47° 37' 11" W - 128.13 |
|
feet, N 50° 49' 32" E - 930.60 feet and N 2° 42' 34" W - 1023.83 feet |
|
to the Point of Beginning and containing 1308.51 acres of land more |
|
or less. |
|
SAVE and EXCEPT the following tract: |
|
Beginning at the intersection of the south right-of-way line |
|
of Rock Prairie Road East (57.5 feet south of the surveyed |
|
centerline) and the west line of Lot 1 of Rock Prairie Baptist |
|
Church (vol. 7312, pg. 207), from where City of College Station GPS |
|
control monument no. 9 bears S 78° 01' 24" E - 3240.0 feet. |
|
Thence S 82° 02' 02" E - 414.05 feet along said south |
|
right-of-way line, parallel and 7.50 feet south of the north line of |
|
said Lot 1, to its intersection with the east line of said Lot 1; |
|
Thence S 20° 22' 54" E - 600.82 feet along the east line of Lot |
|
1 to its southeast corner; |
|
Thence N 82° 02' 02" W - 699.33 feet along the south line of |
|
Lot 1 to its southwest corner; |
|
Thence N 7° 57' 58" E - 528.77 feet along the west line of Lot 1 |
|
to the Point of Beginning and containing 6.76 acres of land more or |
|
less. |
|
Leaving a net acreage for this described tract of 1301.76 |
|
acres more or less. |
|
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) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) 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, 2013. |