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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 International Management District; |
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providing authority to impose assessments and taxes and to issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. INTERNATIONAL MANAGEMENT DISTRICT. Subtitle C, |
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Title 4, Special District Local Laws Code, is amended by adding |
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Chapter 3849 to read as follows: |
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CHAPTER 3849. INTERNATIONAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3849.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the International Management |
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District. |
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Sec. 3849.002. INTERNATIONAL MANAGEMENT DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3849.003. 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 of |
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Houston, Harris County, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the area of 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 Harris County or the City of Houston from |
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providing the level of services provided as of the effective date of |
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this Act, to the area in the district. The district is created to |
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supplement and not to supplant the county or municipal services |
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provided in the area in the district. |
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Sec. 3849.004. 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: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and 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; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(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, and street art objects are parts of and necessary |
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components of a street and are considered to be a street or road |
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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. 3849.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Section 3849.106; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not in any way 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 a purpose for |
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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. 3849.006. 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 by a |
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municipality under Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created by a |
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municipality under Chapter 312, Tax Code; or |
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(3) an enterprise zone created by a municipality under |
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Chapter 2303, Government Code. |
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Sec. 3849.007. 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. 3849.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3849.009-3849.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3849.051. BOARD OF DIRECTORS; TERMS. (a) The |
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district is governed by a board of 11 voting directors who serve |
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staggered terms of four years, with five or six directors' terms |
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expiring 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, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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Sec. 3849.052. APPOINTMENT OF DIRECTORS ON INCREASE IN |
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BOARD SIZE. If the board increases the number of directors under |
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Section 3849.051, the board shall appoint qualified persons to fill |
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the new director positions and shall provide for staggering the |
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terms of the directors serving in the new positions. |
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Sec. 3849.053. APPOINTMENT OF DIRECTORS. The mayor and |
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members of the governing body of the City of Houston shall appoint |
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voting directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body, |
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including the mayor, vote to appoint that person. |
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Sec. 3849.054. QUORUM. For purposes of determining whether |
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a quorum of the board is present, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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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. |
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Sec. 3849.055. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 6 expire June 1, 2009, and the |
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terms of directors appointed for positions 7 through 11 expire June |
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1, 2011. |
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(c) Section 3849.052 does not apply to this section. |
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(d) This section expires September 1, 2011. |
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[Sections 3849.056-3849.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3849.101. GENERAL POWERS. The district may exercise |
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all powers necessary to accomplish the purposes for which the |
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district was created. |
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Sec. 3849.102. EXERCISE OF POWERS OF OTHER GOVERNMENTAL |
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ENTITIES. The district has the powers of: |
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(1) a corporation created under Section 4B, |
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Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas |
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Civil Statutes), including the power to own, operate, acquire, |
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construct, lease, improve, and maintain projects described by that |
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section; and |
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(2) a housing finance corporation created under |
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Chapter 394, Local Government Code. |
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Sec. 3849.103. 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 for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, 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 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. 3849.104. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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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. 3849.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party, including Harris County or the City of Houston, to |
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provide law enforcement services in the district for a fee. |
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Sec. 3849.106. ANNEXATION OR EXCLUSION OF TERRITORY. The |
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district may annex or exclude land from the district in the manner |
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provided by Subchapter C, Chapter 375, Local Government Code. |
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Sec. 3849.107. APPROVAL BY CITY OF HOUSTON. (a) Except as |
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provided by Subsection (c), the district must obtain the approval |
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of the City of Houston's governing body for: |
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(1) the issuance of bonds for an improvement project; |
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(2) the plans and specifications of an improvement |
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project financed by the 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 of Houston, an |
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easement granted by the City of Houston, or a right-of-way of a |
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street, road, or highway. |
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(b) The approval obtained under Subsection (a) for the |
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issuance of bonds must be a resolution by the City of Houston. The |
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approval obtained under Subsection (a) for plans and specifications |
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must be a permit issued by the City of Houston. |
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(c) If the district obtains the approval of the City of |
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Houston's governing body of a capital improvements budget for a |
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period not to exceed five years, the district may finance the |
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capital improvements and issue bonds specified in the budget |
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without further approval from the City of Houston. |
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Sec. 3849.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to an organization that: |
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(1) enjoys tax-exempt status under Section 501(c)(3), |
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(4), or (6), Internal Revenue Code of 1986; and |
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(2) performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3849.109. ECONOMIC DEVELOPMENT PROGRAMS AND OTHER |
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POWERS RELATED TO PLANNING AND DEVELOPMENT. (a) The district may |
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establish and provide for the administration of one or more |
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programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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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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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3849.110. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3849.111-3849.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3849.151. 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 the district's money. |
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Sec. 3849.152. 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. 3849.153. 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) The petition must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Harris County; or |
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(2) at least 50 owners of real property in the |
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district, if more than 50 persons own real property in the district |
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according to the most recent certified tax appraisal roll for |
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Harris County. |
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Sec. 3849.154. METHOD OF NOTICE FOR HEARING. (a) The |
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district shall mail the notice required by Section 375.115(c), |
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Local Government Code, by certified or first class United States |
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mail. The board shall determine the type of notice required based |
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on whether adequate notice is provided by the method. |
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(b) If the district uses first class mail to provide the |
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notice, the district must also publish the notice in a newspaper of |
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general circulation in the district not later than the 20th day |
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before the date of the event for which notice was provided. |
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Sec. 3849.155. 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. |
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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. 3849.156. ASSESSMENTS CONSIDERED TAXES. For purposes |
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of a title insurance policy issued under Chapter 9, Insurance Code, |
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an assessment is a tax. |
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Sec. 3849.157. AD VALOREM TAX. (a) If authorized at an |
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election held in accordance with Section 3849.162, the district may |
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impose an annual ad valorem tax on taxable property in the district |
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for any 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. 3849.158. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3849.159. USE OF ELECTRICAL OR OPTICAL LINES. (a) The |
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district may impose an assessment to pay the cost of: |
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(1) burying or removing electrical power lines, |
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telephone lines, cable or fiber optic lines, or any other type of |
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electrical or optical line; |
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(2) removing poles and any elevated lines using the |
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poles; or |
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(3) reconnecting the lines described by Subdivision |
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(2) to the buildings or other improvements to which the lines were |
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connected. |
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(b) The district may acquire, operate, or charge fees for |
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the use of the district conduits for: |
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(1) another person's: |
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(A) telecommunications network; |
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(B) fiber-optic cable; or |
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(C) electronic transmission line; or |
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(2) any other type of transmission line or supporting |
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facility. |
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(c) The district may not require a person to use a district |
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conduit. |
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Sec. 3849.160. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds or other obligations payable wholly or |
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partly from taxes, assessments, impact fees, revenue, grants, or |
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other money of the district, or any combination of those sources of |
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money, to pay for any authorized purpose of the district. |
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(b) In exercising the district's power to borrow, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3849.161. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose the continuing |
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direct ad valorem tax on all taxable property in the district in an |
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amount sufficient to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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Sec. 3849.162. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes an ad valorem tax or issues bonds payable from |
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ad valorem taxes. The proposition for an election approving an ad |
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valorem tax must specify the maximum tax rate authorized. |
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(b) The board may submit multiple purposes in a single |
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proposition at an election. |
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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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Sec. 3849.163. CITY OF HOUSTON NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the City of Houston is not required to pay a bond, |
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note, or other obligation of the district. |
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Sec. 3849.164. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district only for a contract that |
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has a value greater than $25,000. |
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Sec. 3849.165. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3849.166-3849.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3849.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. Section 375.264, Local Government |
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Code, does not apply to the district. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
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Act, the International Management District includes all territory |
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contained in the following described area: |
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BEGINNING at the intersection of the south right of way line of |
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Alief Clodine and the west right of way line of Highway 6; |
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Thence south along the west right of way of Highway 6 to the south |
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right of way line of Bissonnet; |
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Thence east along the south right of way line of Bissonnet to the |
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west right of way line of Dairy Ashford; |
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Thence south along the south along the west right of way line of |
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Dairy Ashford then crossing east across Dairy Ashford to the |
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northwest point of a property identified as Res A Blk 22 Huntington |
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Village Section 3 also identified as Harris County Central |
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Appraisal District ID Number 1055250000051; |
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Thence east along the north property line of the property |
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identified as Res A Blk 22 Huntington Village Section 3 also |
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identified as Harris County Central Appraisal District ID Number |
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1055250000051 to the west right of way line of Huntington Place |
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Drive; |
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Thence south along the west right of way line of Huntington Place |
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Drive for a distance of approximately 611 feet then crossing east |
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across Huntington Place Drive to the southwest point of a property |
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identified as Res B Blk 11 (HL&P) Huntington Village Sec 5 also |
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identified as Harris County Central Appraisal District ID Number |
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1043800000035; |
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Thence east along the south property line of the property |
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identified as Res B Blk 11 (HL&P ROW) Huntington Village Sec 5 also |
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identified as Harris County Central Appraisal District ID Number |
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1043800000035 to the west right of way line of Cook Road; |
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Thence east crossing Cook Road to the southwest point of a property |
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identified as Res C Blk 1 (HL&P ROW) Huntington Village Sec 1 also |
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identified as Harris County Central Appraisal District ID Number |
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1043700000092; |
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Thence east along the south property line of a property identified |
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as Res C Blk 1 (HL&P ROW) Huntington Village Sec 1 also identified |
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as Harris County Central Appraisal District ID Number 1043700000092 |
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to the west right of way line of Keegan Road; |
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Thence east crossing Keegan Road to the southwest point of a |
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property identified as Res F1 (HL&P ROW) Keegans Glen Sec 5 R/P also |
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identified as Harris County Central Appraisal District ID Number |
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1147550000023; |
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Thence east along the south property line of a property identified |
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as Res F1 (HL&P ROW) Keegans Glen Sec 5 R/P also identified as |
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Harris County Central Appraisal District ID Number 1147550000023 to |
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the west right of way line of Kirkwood; |
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Thence south along the west right of way line of Kirkwood to the |
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south right of way line of Bellfort; |
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Thence east along the south right of way line of Bellfort to the |
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west right of way line of Wilcrest; |
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Thence south along the west right of way line of Wilcrest to the |
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north right of way line of US 59 S; |
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Thence northeast along the north right of way line of US 59 S to the |
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east right of way line of Beltway 8; |
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Thence north along the east right of way of Beltway 8 to the south |
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right of way line of Bellaire; |
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Thence west along the south right of way line of Bellaire to the |
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east right of way of Brays Bayou; |
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Thence north following west along the east right of way of Brays |
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Bayou to the north right of way of the Brays Bayou Stream Network |
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that runs parallel with the north right of way of Bellaire and lies |
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between Bellaire and Alief Clodine; |
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Thence west along the north right of way of the Brays Bayou Stream |
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Network that runs parallel with the north right of way of Bellaire |
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and lies between Bellaire and Alief Clodine to the east right of way |
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of Kirkwood; |
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Thence west crossing Kirkwood following the north right of way of |
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the Brays Bayou Stream Network that runs parallel with the north |
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right of way of Bellaire and lies between Bellaire and Alief Clodine |
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to the east right of way of Cook Road; |
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Thence west crossing Cook Road following the north right of way of |
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the Brays Bayou Stream Network that runs parallel with the north |
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right of way of Bellaire and lies between Bellaire and Alief Clodine |
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to the east right of way of Dairy Ashford; |
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Thence west crossing Dairy Ashford following the north right of way |
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of the Brays Bayou Stream Network that runs parallel with the north |
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right of way of Bellaire and lies between Bellaire and Alief Clodine |
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to the east right of way of Synott; |
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Thence west crossing Synott following the north right of way of the |
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Brays Bayou Stream Network that runs parallel with the north right |
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of way of Bellaire and lies between Bellaire and Alief Clodine to |
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the east right of way of Eldridge; |
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Thence west crossing Eldridge following the north right of way of |
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the Brays Bayou Stream Network that runs parallel with the north |
|
right of way of Bellaire and lies between Bellaire and Alief Clodine |
|
to the east right of way of Metro Boulevard; |
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Thence north along the east right of way of Metro Boulevard to the |
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south right of way of Alief Clodine; |
|
Thence west along the south right of way of Alief Clodine to the |
|
Place of Beginning. |
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Save & Except: |
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A property described as TR 2B-2 ABST 651 L ROARK also described as |
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11600 Southwest Fwy Houston TX 77099 also described as Harris |
|
County Appraisal District ID Number 0441040000100. |
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A property described as TR 2B-6 ABST 651 L ROARK also described as |
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11614 Southwest Fwy Houston TX 77099 also described as Harris |
|
County Appraisal District ID Number 0441040000033. |
|
A property described as TR 2B-7 ABST 651 L ROARK also described as 0 |
|
Off Wilcrest Dr. Houston TX 770099 also described as Harris County |
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Appraisal District ID Number 0441040000034. |
|
SECTION 3. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) proper and 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 by |
|
the constitution and laws of this state, including the governor, |
|
who has submitted the notice and Act to the Texas Commission on |
|
Environmental Quality; |
|
(2) 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; |
|
(3) 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; and |
|
(4) 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. |
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SECTION 4. EFFECTIVE DATE. 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, 2007. |