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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 Country Place Management District; |
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providing authority to impose an assessment, impose a tax, and |
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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 3875 to read as follows: |
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CHAPTER 3875. COUNTRY PLACE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3875.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Country Place Management |
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District. |
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Sec. 3875.002. NATURE OF DISTRICT. The Country Place |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3875.003. 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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Pearland, Brazoria 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 district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the City of Pearland and Brazoria County |
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from providing the level of services provided, as of the effective |
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date of the Act enacting this chapter, to the area in the district. |
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The district is created to supplement and not to supplant the city |
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or county services provided in the area in the district. |
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Sec. 3875.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) 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, |
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including funding for the ownership, operation, and maintenance of |
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public recreational facilities, including parks, trails, green |
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space, golf, and other sporting facilities that benefit the |
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district; |
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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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(4) provide funding for public improvements, |
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including drainage facilities, beautification projects, and |
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identification and directional signage; |
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(5) provide for water, wastewater, drainage, water |
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reuse, solid waste collection, and recycling for the district; and |
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(6) provide street and road improvements. |
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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, walls and sound barriers, and street art |
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objects are parts of and necessary components of a street and are |
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considered to be a street 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. 3875.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundary description contained in Section 2 of the |
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Act enacting this chapter forms a closure. A mistake in the |
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boundary description does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3875.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3875.007. 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. 3875.008. 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 3875.009-3875.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3875.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered terms of |
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four years. Two or three directors shall be elected each |
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even-numbered year on the uniform election date in May established |
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by the Election Code. |
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(b) Section 49.052, Water Code, applies to the district and |
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directors. |
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(c) A director may also serve as a director of Brazoria |
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County Municipal Utility District No. 4. The director is not |
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entitled to remuneration from the district while serving in both |
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positions. |
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Sec. 3875.052. CONFIRMATION ELECTION REQUIRED. (a) The |
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initial directors shall hold an election to confirm the creation of |
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the district. If an election to confirm the creation of the |
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district does not pass, the initial directors may call subsequent |
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elections to confirm the creation of the district without further |
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approval. |
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(b) Subchapter D, Chapter 49, Water Code, applies to the |
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district and directors. |
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(c) Section 375.063, Local Government Code, does not apply |
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to the district. |
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Sec. 3875.053. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. Name of Director |
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1 Jack Banowsky |
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2 Charles A. Mills |
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3 Hugh S. Pylant |
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4 Terry Gray |
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5 Paul West |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 3 expire May 2010, and the terms |
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of directors appointed for positions 4 and 5 expire May 2012. |
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(c) Section 3875.052 does not apply to this section. |
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(d) This section expires September 1, 2013. |
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Sec. 3875.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; 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. 3875.055. COMPENSATION. Except as provided by Section |
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3875.051(c), a director is entitled to receive fees of office and |
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reimbursement for actual expenses as provided by Section 49.060, |
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Water Code. Sections 375.069 and 375.070, Local Government Code, |
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do not apply to the board. |
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[Sections 3875.056-3875.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3875.101. DEVELOPMENT CORPORATION POWERS. The |
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district may exercise the powers given to a development corporation |
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under Chapter 505, Local Government Code, including the power to |
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own, operate, acquire, construct, lease, improve, or maintain a |
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project described by that chapter. |
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Sec. 3875.102. 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. 3875.103. 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. 3875.104. 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 Brazoria County or the City of Pearland, |
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for the provision of law enforcement services in the district for a |
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fee. |
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Sec. 3875.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3875.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more 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) For purposes of this section, the district has all of |
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the powers of a municipality under Chapter 380, Local Government |
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Code. |
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Sec. 3875.107. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3875.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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[Sections 3875.109-3875.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3875.151. 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. 3875.152. 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. 3875.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to the assessment according to the most recent |
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certified tax appraisal roll for Brazoria County. |
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Sec. 3875.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3875.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. Section 375.114, Local Government Code, does not apply |
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to the 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. 3875.156. 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. 3875.157. RESIDENTIAL PROPERTY. Section 375.161, |
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Local Government Code, does not apply to a tax imposed by the |
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district or a requirement for payment for a service provided by the |
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district. |
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Sec. 3875.158. AD VALOREM TAX. (a) If authorized at an |
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election held in accordance with Section 3875.162, the district may |
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impose an ad valorem tax on taxable property in the district in |
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accordance with Section 49.107, Water Code, for any district |
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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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3875.159. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3875.160. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
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as determined by the board. Section 375.205, Local Government |
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Code, does not apply to a loan, line of credit, or other borrowing |
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from a bank or financial institution secured by revenue other than |
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ad valorem taxes. |
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(b) The district may issue by competitive bid or negotiated |
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sale bonds, notes, or other obligations payable wholly or partly |
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from ad 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, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3875.161. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the imposition of a continuing direct |
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annual ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3875.162. ELECTIONS REGARDING TAXES AND BONDS. |
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(a) The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3875.159. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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the district may acquire 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. 3875.163. CITY APPROVAL. (a) Except as provided by |
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Subsection (c), the district must obtain the approval of the City of |
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Pearland's governing body for the issuance of bonds for each |
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improvement project. |
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(b) The governing body of the City of Pearland must provide |
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the approval required for the issuance of bonds under Subsection |
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(a) by adoption of an ordinance or resolution. |
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(c) The district may obtain any other city approval required |
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by this chapter by permit or other city administrative process that |
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does not involve the City of Pearland's governing body. |
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Sec. 3875.164. CITY 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 Pearland is not required to pay a bond, |
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note, or other obligation of the district. |
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Sec. 3875.165. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Subchapter K, Chapter 375, |
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Local Government Code, does not apply to the district. |
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Sec. 3875.166. 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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Sec. 3875.167. USAGE FEES. The board of directors may set, |
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charge, impose, and collect fees, charges, or tolls for the use of |
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any district facilities. |
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[Sections 3875.168-3875.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3875.201. DISSOLUTION OF DISTRICT. (a) The board of |
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directors may vote to dissolve the district regardless of the |
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district's outstanding 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 outstanding debt when it is |
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dissolved, the district shall remain in existence solely for the |
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purpose of discharging its debts. The dissolution is effective |
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when all debts of the district have been discharged. |
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SECTION 2. The Country Place Management District initially |
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includes all territory contained in the boundaries of the Brazoria |
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County Municipal Utility District No. 4, as those boundaries |
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existed on January 1, 2009. |
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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 |
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copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |