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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 Kennedale TownCenter Development |
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District; providing authority to impose a tax and issue bonds. |
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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 3866 to read as follows: |
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CHAPTER 3866. KENNEDALE TOWNCENTER DEVELOPMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3866.001. 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 Kennedale TownCenter Development |
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District. |
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Sec. 3866.002. CREATION AND NATURE OF DISTRICT. (a) |
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Kennedale TownCenter Development District is created as a special |
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district under Sections 52 and 52-a, Article III, and Section 59, |
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Article XVI, Texas Constitution. |
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(b) The board by resolution may change the district's name. |
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Sec. 3866.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain transportation, safety, |
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employment, commerce, housing, tourism, recreation, the arts, |
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entertainment, economic development, and the public welfare in the |
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area of the district. |
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Sec. 3866.004. BOUNDARIES. The district includes all the |
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territory contained in the following described area: |
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Block A Lot 1, Lot 2, Lot 3, and Lot 4A of the Kennedale Retail |
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Center Addition; Block A Lot 2 and Lot 3 of the B.T. Webb |
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Subdivision; and Municipal Drive from Third Street to Kennedale |
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Parkway (US Business Highway 287). |
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Sec. 3866.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The 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 the development and |
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diversification of 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, employees, visitors, and consumers in the |
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district and of the public; |
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(2) provide needed funding to preserve, maintain, and |
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enhance the economic health and vitality of the district as a |
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community; 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. 3866.006. 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 3866.007-3866.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 3866.021. INITIAL DIRECTORS. (a) The initial board |
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consists of the following persons: |
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(1) John Clark |
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(2) Jerry Miller |
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(3) Robert Mundy |
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(4) Bryan Lankhorst |
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(5) Beverly Hayes |
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(b) Of the initial directors, the terms of the first three |
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directors named in Subsection (a) expire on January 1, 2011, and the |
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terms of the last two directors named in Subsection (a) expire on |
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January 1, 2010. Bob Hart shall serve as the ex officio nonvoting |
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member for a term to be specified by the governing body of the City |
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of Kennedale. |
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Sec. 3866.022. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires January 1, 2011. |
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[Sections 3866.023-3866.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3866.051. BOARD OF DIRECTORS; TERMS. (a) The district |
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is governed by a board of five voting directors appointed under |
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Section 3866.052 who serve staggered two-year terms. |
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(b) The governing body of the City of Kennedale may appoint |
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one nonvoting director to serve a term prescribed by the governing |
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body. The nonvoting director must be an employee of the City of |
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Kennedale and shall serve as an ex officio member in an advisory |
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capacity to provide assistance on matters in the district that |
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involve the city. |
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Sec. 3866.052. APPOINTMENT OF DIRECTORS. (a) The |
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governing body of the City of Kennedale shall appoint directors to |
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the board. |
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(b) Sections 375.063, Local Government Code, and 49.052, |
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Water Code, do not apply to the district. |
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Sec. 3866.053. REMOVAL OF DIRECTOR. The members of the |
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board serve at the pleasure of the governing body of the City of |
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Kennedale. The governing body may remove any board member by |
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majority vote. |
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Sec. 3866.054. VACANCIES. A vacancy on the board shall be |
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filled by the governing body of the City of Kennedale. |
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Sec. 3866.055. CONFLICTS OF INTEREST. Except as provided |
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by Chapter 171, Local Government Code, a director may participate |
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in all board votes and decisions. |
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Sec. 3866.056. 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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[Sections 3866.057-3866.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3866.101. POWERS OF DISTRICT. The district has all |
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powers provided by the general laws on road districts and road |
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utility districts created under Section 52, Article III, Texas |
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Constitution, and conservation and reclamation districts and |
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municipal management districts created under Section 59, Article |
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XVI, Texas Constitution, including: |
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(1) Chapters 257 and 441, Transportation Code; |
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(2) Chapter 375, Local Government Code; and |
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(3) Chapters 49 and 54, Water Code. |
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Sec. 3866.102. 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. 3866.103. CONTRACT FOR LAW ENFORCEMENT SERVICES. To |
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protect the public interest, the district may contract with a |
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municipality or county to provide law enforcement services in the |
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district for a fee. |
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[Sections 3866.104-3866.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3866.151. 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 of more than $25,000. |
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Sec. 3866.152. AUTHORITY TO IMPOSE AD VALOREM TAXES, |
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ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem |
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tax, assessment, or impact fee and use the proceeds of the tax, |
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assessment, or impact fee for: |
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(1) any district purpose, including the payment of |
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debt or other contractual obligations; or |
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(2) the payment of maintenance and operating expenses. |
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Sec. 3866.153. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district must hold an election in the manner provided by Chapters 49 |
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and 54, Water Code, to obtain voter approval before the district |
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imposes a maintenance tax or issues bonds payable from ad valorem |
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taxes. |
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(b) The board may include more than one purpose in a single |
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proposition at an election. |
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(c) If the district obtains the written consent of all |
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property owners in the district to impose a maintenance tax or issue |
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bonds payable from ad valorem taxes or assessments, the district is |
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exempt from the election requirement under Subsection (a) and may |
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cancel an election called under Subsection (a). |
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Sec. 3866.154. MAINTENANCE TAX. (a) 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, including |
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improvements constructed or acquired by the district; or |
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(2) provide a service. |
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(b) The board shall determine the tax rate. |
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Sec. 3866.155. ASSESSMENTS. (a) The board by resolution |
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may impose and collect an assessment for any purpose authorized by |
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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 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 proceeding. |
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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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Sec. 3866.156. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition requesting a project financed by assessment |
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must be signed by 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 the county in which |
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the property is located. |
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Sec. 3866.157. 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 ad valorem taxes, assessments, impact fees, revenue, |
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grants, or other money of the district, or any combination of those |
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sources of money, to pay for any authorized purpose of the district. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation, or other instrument evidencing |
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a proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3866.158. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. |
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The district must obtain the approval of the governing body of the |
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City of Kennedale 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 a district |
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improvement project related to the use of land owned by the City of |
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Kennedale, an easement granted by the City of Kennedale, or a |
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right-of-way of a street, road, or highway. |
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[Sections 3866.159-3866.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3866.201. DISSOLUTION. (a) The district may be |
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dissolved by: |
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(1) the governing body of the City of Kennedale on a |
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vote of not less than two-thirds of its membership and adoption of |
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an ordinance dissolving the district; or |
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(2) majority vote of the board of directors. |
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(b) Section 375.264, Local Government Code, does not apply |
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to the district. |
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(c) 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. The legislature finds that: |
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(1) proper and legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished by |
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the constitution and laws of this state, including the governor, |
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who has submitted the notice and Act to the Texas Commission on |
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Environmental Quality; |
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(2) the Texas Commission on Environmental Quality has |
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filed its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time; |
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(3) the general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with; and |
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(4) all requirements of the constitution and laws of |
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this state and the rules and procedures of the legislature with |
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respect to the notice, introduction, and passage of this Act have |
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been fulfilled and accomplished. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |