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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Parker County Municipal Management |
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District No. 2; providing authority to issue bonds; providing |
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authority to impose assessments, fees, and taxes; granting a |
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limited power of eminent domain. |
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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 3996 to read as follows: |
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CHAPTER 3996. PARKER COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3996.0101. 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 Fort Worth. |
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(3) "County" means Parker County. |
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(4) "Director" means a board member. |
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(5) "District" means the Parker County Municipal |
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Management District No. 2. |
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Sec. 3996.0102. NATURE OF DISTRICT. The Parker County |
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Municipal Management District No. 2 is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 3996.0103. 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. |
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(b) By creating the district and in authorizing the county, |
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the city, 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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(c) 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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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the county or the city 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 county or city services |
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provided in the district. |
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Sec. 3996.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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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. 3996.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3996.0106. 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; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3996.0107. 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. 3996.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3996.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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Sec. 3996.0202. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3996.0203. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2023, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2025. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3996.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3996.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 372 or 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3996.0303. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3996.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with the county or the |
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city to provide additional law enforcement services in the district |
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for a fee. |
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Sec. 3996.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The 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. 3996.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development 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. 3996.0307. 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. 3996.0308. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3996.0309. 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. 3996.0310. LIMITED POWER OF EMINENT DOMAIN. (a) The |
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district may exercise the power of eminent domain in the manner |
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provided by Chapter 49, Water Code. |
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(b) The district may not exercise the power of eminent |
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domain outside the district to acquire a site or easement for: |
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(1) a road project; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 3996.0311. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint initial directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(f) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(g) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(h) Consent to the creation of the district and to the |
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inclusion of land in the district granted under Section 3996.0506 |
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acts as consent to the creation of any new district created by the |
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division of the district and to the inclusion of land in the new |
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district. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3996.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND 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. 3996.0402. 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. 3996.0403. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
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Section 375.161, Local Government Code, does not apply to the |
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district. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3996.0501. TAX ELECTION REQUIRED. (a) The district |
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must hold an election in the manner provided by Chapter 49, Water |
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Code, or, if applicable, 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. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3996.0502. 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 under Section 3996.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by 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 operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3996.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue by public or private sale bonds, |
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notes, or other obligations payable wholly or partly from ad |
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valorem taxes, assessments, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources of money, to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, or other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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(d) The district may issue, by public or private sale, |
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bonds, notes, or other obligations payable wholly or partly from |
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assessments in the manner provided by Subchapter A, Chapter 372, |
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Local Government Code, if the improvement financed by an obligation |
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issued under this section will be conveyed to, operated and |
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maintained by, or otherwise financed pursuant to an agreement |
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between the district and a county, a municipality, or a retail |
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utility provider entered into before the issuance of the |
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obligation. |
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Sec. 3996.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3996.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3996.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(c) 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. 3996.0506. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED. |
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(a) The board may not issue bonds until the governing body of a |
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county in which the district is located or of a municipality in |
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whose corporate limits or extraterritorial jurisdiction the |
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district is located has consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3996.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The district may not be dissolved by its board under |
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Subsection (a) if the district: |
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(1) has any outstanding bonded or other indebtedness |
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until that indebtedness has been repaid or defeased in accordance |
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with the order or resolution authorizing the issuance of the bonds |
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or other indebtedness; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership, operation, or maintenance of the |
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public works, facilities, or improvements. |
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(c) Section 375.262, Local Government Code, does not apply |
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to the district. |
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SECTION 2. The Parker County Municipal Management District |
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No. 2 initially includes all territory contained in the following |
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area: |
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Tract No. 1 |
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Tract of land containing 1482.89 acres in the P.B. Jones |
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Survey, Abstract No. 764, the J.W. Jones Survey, Abstract No. 2394, |
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the W.A. Grady Survey, Abstract No. 537, the J.W. Jones Survey, |
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Abstract No. 2010, the P.E. Houston Survey, Abstract No. 572, the |
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L.A. McAfee Survey, Abstract No. 2028, the E. Nowland Survey, |
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Abstract No. 1005, the B.B.B. & C. Railway Survey, Abstract No. 136, |
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the W.B. Glenn Survey, Abstract No. 529, the B.B.B. & C. Railway |
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Survey, Abstract No. 135, the B.B.B. & C. Railway Survey, Abstract |
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No. 146, the Peter B. Holder Survey, Abstract No. 614, the L.A. |
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McAfee Survey, Abstract No. 2400 and the R. Matthews Survey, |
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Abstract No. 2566, Parker County, Texas, being a part of the James |
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R. Kelly, Kathleen Kelly Sneed and Jerry Kelly Reid Tract and being |
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more particularly described as follows: |
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BEGINNING at a set stone found at the north base of an old |
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cedar fence corner post being the northwest corner of the said |
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Houston Survey, an ell corner of the said Kelly Tract and the |
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southwest corner of the Rodney Brown Tract recorded in Volume 1998, |
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Page 768, Official Records of Parker County. |
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THENCE South 89 degrees 59 minutes 57 seconds East for a |
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distance of 1740.98 feet to a 2 inch cap on a 5/8 inch iron rod set |
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at the base of an old cedar fence corner being an ell corner of the |
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said Kelly Tract and the southeast corner of the said Brown Tract. |
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THENCE North 02 degrees 11 minutes 17 seconds West for a |
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distance of 318.32 feet to a 2 inch cap on a 5/8 inch iron rod set |
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being a northwest corner of the said Kelly Tract on the east line of |
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the said Brown Tract. |
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THENCE South 89 degrees 10 minutes 56 seconds East for a |
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distance of 161.00 feet to a 2 inch cap on a 5/8 inch iron rod set at |
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a fence bend on the south side of Kelly Road (paved county road). |
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THENCE along the fence on the south and west sides of the said |
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Kelly Road, |
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South 62 degrees 57 minutes 42 seconds East for a distance of 61.05 |
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feet to a 2 inch cap on a 5/8 inch iron rod set, |
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South 89 degrees 05 minutes 07 seconds East for a distance of |
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1097.51 feet a 2 inch cap on a 5/8 inch iron rod set, |
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South 65 degrees 02 minutes 16 seconds East for a distance of 71.59 |
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feet a 2 inch cap on a 5/8 inch iron rod set, |
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South 52 degrees 51 minutes 32 seconds East for a distance of 61.37 |
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feet a 2 inch cap on a 5/8 inch iron rod set, |
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South 41 degrees 56 minutes 55 seconds East for a distance of 74.77 |
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feet a 2 inch cap on a 5/8 inch iron rod set and |
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South 00 degrees 20 minutes 29 seconds East for a distance of |
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3204.30 feet to a corner which fell within a steel pipe fence corner |
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being a corner of the said Kelly Tract and the northeast corner of |
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the Margaret Elizabeth Spiegel Tract recorded in Volume 1856, Page |
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929, Official Records of Parker County. |
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THENCE leaving the said road, South 89 degrees 14 minutes 16 |
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seconds West for a distance of 466.10 feet to a corner which fell |
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inside a steel pipe fence corner being a corner of the said Kelly |
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Tract and the northwest corner of the said Spiegel Tract. |
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THENCE South 00 degrees 56 minutes 41 seconds East for a |
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distance of 699.10 feet to a corner which fell inside a steel pipe |
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fence corner being a corner of the said Kelly Tract and the |
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southwest corner of the said Spiegel Tract. |
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THENCE North 89 degrees 24 minutes 17 seconds East for a |
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distance of 456.50 feet to a corner which fell inside a steel pipe |
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fence corner on the west side of the said Kelly Road being a corner |
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of the said Kelly Tract and the southeast corner of the said Spiegel |
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Tract. |
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THENCE along the west side of the said Kelly Road, |
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South 00 degrees 05 minutes 46 seconds West for a distance of |
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2506.18 feet a 2 inch cap on a 5/8 inch iron rod set at a fence bend |
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and |
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South 00 degrees 38 minutes 45 seconds East for a distance of |
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2692.40 feet to a 2 inch cap on a 5/8 inch iron rod set at a fence |
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corner on the west side of the said Kelly Road and the north side of |
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Bear Creek Road (paved county road). |
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THENCE along the fence on the north side of the said Bear |
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Creek Road, |
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South 74 degrees 34 minutes 13 seconds West for a distance of 97.19 |
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feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 80 degrees 22 minutes 12 seconds West for a distance of |
|
1222.11 feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 44 degrees 38 minutes 42 seconds West for a distance of |
|
1651.35 feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 73 degrees 50 minutes 37 seconds West for a distance of 908.36 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 88 degrees 54 minutes 17 seconds West for a distance of 323.73 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 89 degrees 54 minutes 03 seconds West for a distance of 565.83 |
|
feet a 2 inch cap on a 5/8 inch iron rod set and |
|
North 55 degrees 35 minutes 21 seconds West for a distance of 169.96 |
|
feet a 2 inch cap on a 5/8 inch iron rod set on the east side of Bear |
|
Creek. |
|
THENCE crossing the said creek and continuing along the north |
|
side of the said Bear Creek Road (gravel county road), |
|
North 68 degrees 29 minutes 42 seconds West for a distance of 113.71 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
South 65 degrees 33 minutes 19 seconds West for a distance of 306.80 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 89 degrees 43 minutes 35 seconds West for a distance of 480.30 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 61 degrees 18 minutes 03 seconds West for a distance of 20.79 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 47 degrees 40 minutes 31 seconds West for a distance of |
|
1501.77 feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 83 degrees 05 minutes 39 seconds West for a distance of 404.87 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 46 degrees 12 minutes 25 seconds West for a distance of 10.74 |
|
feet a 2 inch cap on a 5/8 inch iron rod set, |
|
North 07 degrees 18 minutes 58 seconds West for a distance of 718.13 |
|
feet a 2 inch cap on a 5/8 inch iron rod set and |
|
North 50 degrees 49 minutes 55 seconds West for a distance of 904.20 |
|
feet a 2 inch cap on a 5/8 inch iron rod set at a fence corner on a |
|
west line of the said Kelly Tract and an east line of the Roger |
|
McFarland Dixon Trust Tract, description thereof recorded in Volume |
|
100, Page 39, Deed Records of Parker County. |
|
THENCE leaving the said county road, North 00 degrees 05 |
|
minutes 18 seconds East for a distance of 5737.53 feet to a bolt |
|
found in a 3 inch pipe at a fence corner being a corner of the said |
|
Kelly and McFarland Tracts. |
|
THENCE North 89 degrees 39 minutes 44 seconds East for a |
|
distance of 520.17 feet to a bolt found in a 3 inch pipe at a fence |
|
corner being a corner of the said Kelly and McFarland Tracts. |
|
THENCE North 02 degrees 25 minutes 24 seconds East for a |
|
distance of 1047.28 feet to a bolt found in a 3 inch pipe at a fence |
|
corner being a corner of the said Kelly Tract, the said McFarland |
|
Tract and a southeast corner of the Highland Ranch Estates Addition |
|
recorded in Plat Cabinet C, Sheet 378. |
|
THENCE North 00 degrees 46 minutes 19 seconds East for a |
|
distance of 378.24 feet to a corner which fell inside an old cedar |
|
fence corner being a northwest corner of the said Kelly Tract and an |
|
ell corner of the said addition. |
|
THENCE South 89 degrees 51 minutes 08 seconds East for a |
|
distance of 961.52 feet to a 1/2 inch iron rod found at a fence |
|
corner being an ell corner of the said Kelly Tract and a southeast |
|
corner of the said addition. |
|
THENCE North 00 degrees 08 minutes 52 seconds East for a |
|
distance of 104.30 feet to a corner which fell inside an old cedar |
|
fence corner being a northwest corner of the said Kelly Tract and a |
|
southwest corner of the Deer Run Addition recorded in Plat Cabinet |
|
B, Sheet 90. |
|
THENCE South 89 degrees 13 minutes 10 seconds East for a |
|
distance of 2729.65 feet to a 2 inch cap on a 5/8 inch iron rod set |
|
at an old cedar fence corner being a northeast corner of the said |
|
Kelly Tract and the northwest corner of the said Brown Tract on the |
|
south line of the said Deer Run Addition. |
|
THENCE South 00 degrees 53 minutes 31 seconds East for a |
|
distance of 2261.65 feet to the place of beginning. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. (a) Section 3996.0310, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 3996, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 3996.0310 to read as follows: |
|
Sec. 3996.0310. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2021. |