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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 Kaufman County Parks Improvement |
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District; providing authority to impose a tax and issue bonds; |
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providing penalties. |
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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 3873 to read as follows: |
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CHAPTER 3873. KAUFMAN COUNTY PARKS IMPROVEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3873.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Forney. |
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(3) "Commissioners court" means the Commissioners |
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Court of Kaufman County. |
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(4) "County" means Kaufman County. |
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(5) "Director" means a board director. |
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(6) "District" means the Kaufman County Parks |
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Improvement District. |
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(7) "Park" includes any land, including any |
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improvements to the land, that is located in the district or owned |
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or leased by the city for use of the general public. |
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Sec. 3873.002. NATURE OF DISTRICT. The Kaufman County |
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Parks Improvement District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3873.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided, as of the effective date of the Act enacting |
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this chapter, to the area in the district. The district is created |
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to supplement and not to supplant the city or county services |
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provided in the area in the district. |
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Sec. 3873.004. 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; and |
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(2) preserve and conserve the natural resources of the |
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state. |
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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, potential employees, visitors, |
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and consumers in the district, and of the public; |
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(2) promote the health, safety, welfare, and enjoyment |
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of the public by landscaping, developing, maintaining, financing, |
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operating, and making capital improvements to parks in the |
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district, which are necessary for the restoration, preservation, |
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and enhancement of scenic beauty; |
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(3) conserve the natural resources of the district; |
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and |
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(4) cooperate with the city in the furtherance of |
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common purposes of the city and the district. |
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(e) 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. 3873.005. INITIAL DISTRICT TERRITORY. The district is |
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initially composed of the territory described by Section 2 of the |
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Act enacting this chapter. |
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Sec. 3873.006. 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. 3873.007. 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 3873.008-3873.050 reserved for expansion] |
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SUBCHAPTER B. CONFIRMATION OF CREATION OF DISTRICT |
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Sec. 3873.051. CONFIRMATION ELECTION. (a) The |
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commissioners court may order an election on the issue of |
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confirming the creation of a district: |
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(1) on the commissioners court's own motion; or |
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(2) after the filing of a written petition signed by a |
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number of the registered voters who reside in the area of the |
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proposed district equal to at least five percent of the votes |
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received in that area in the most recent gubernatorial general |
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election. |
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(b) The petition or commissioners court's motion must |
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include: |
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(1) the name of the district; |
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(2) an accurate description of the area included in |
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the district by any appropriate method, including by metes and |
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bounds and by public roads or rights-of-way; and |
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(3) an accurate plat of the area included in the |
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district. |
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Sec. 3873.052. NOTICE OF HEARING. (a) If a petition is |
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filed under Section 3873.051(a)(2), the commissioners court shall |
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set a date for a hearing on the petition that is after the 20th day |
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but on or before the 40th day after the date the petition is filed. |
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(b) The commissioners court shall publish notice of the |
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petition and the hearing date in a newspaper of general circulation |
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in the county. |
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(c) The notice must be published once each week for a period |
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of two weeks before the hearing date. |
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Sec. 3873.053. HEARING. (a) At the hearing, evidence |
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shall be taken as in civil cases in the county court. The |
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commissioners court shall hear all arguments for and against |
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confirming the creation of the district. |
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(b) The hearing may be adjourned from time to time on good |
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cause shown. |
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(c) The commissioners court shall grant the petition and |
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order the election on the issue of confirming the creation of the |
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district if the commissioners court finds that: |
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(1) the petition is signed by the required number of |
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registered voters; |
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(2) the district will serve the purposes prescribed by |
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Sections 3873.003 and 3873.004; and |
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(3) the district includes any area within the |
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boundaries of the city. |
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Sec. 3873.054. CONFIRMATION ELECTION. (a) The election |
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shall be held in the area of the proposed district on the date of the |
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first regularly scheduled countywide election that follows the date |
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of the order of the election and for which there is sufficient time |
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to comply with other requirements of law. |
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(b) The returns on the election shall be certified and |
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canvassed and the results declared, in the same manner as provided |
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for other county elections. If a majority of the votes received on |
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the issue favor creation of the district, the commissioners court |
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shall declare the creation of the district confirmed and shall |
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enter the results in its minutes at its next regularly scheduled |
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meeting. |
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Sec. 3873.055. COSTS OF CREATION, CONFIRMATION, AND |
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ORGANIZATION. The costs necessarily incurred in the creation, |
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confirmation, and organization of the district may be paid from the |
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district's tax revenue or from revenue from bond anticipation |
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notes, the first revenue bonds issued by the district, or any other |
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source. |
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[Sections 3873.056-3873.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 3873.101. GOVERNING BODY; TERMS. 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, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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Sec. 3873.102. ELECTION DATE. The board shall hold |
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elections for directors on the uniform election date in May in |
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odd-numbered years. The elections of the first directors under |
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this section shall be held on the first uniform election date in May |
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that occurs in the years in which initial directors' terms expire |
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under Section 3873.107. |
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Sec. 3873.103. ELIGIBILITY. (a) A director must be a |
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citizen of the United States and must reside in the district. |
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(b) A director may not be an officer or employee of the |
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county or the city. |
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(c) A director may not serve more than four consecutive full |
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terms. |
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Sec. 3873.104. VACANCY. If a vacancy occurs on the board, |
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the board shall appoint a person to fill the vacancy for the |
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remainder of the unexpired term. |
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Sec. 3873.105. QUORUM. Four directors constitute a quorum |
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of the board. The board may act on the majority of the vote of the |
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assembled quorum. |
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Sec. 3873.106. COMPENSATION AND REIMBURSEMENT. A director |
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is not entitled to compensation but is entitled to reimbursement |
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for necessary expenses, including travel expenses, incurred in |
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performing the duties of a director. If the amount of a director's |
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reimbursement for necessary expenses exceeds $250, the board must |
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approve the reimbursement. |
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Sec. 3873.107. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No.Name of Director |
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1 _______________ |
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2 _______________ |
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3 _______________ |
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4 _______________ |
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5 _______________ |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2011, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2013. |
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(c) Section 3873.102 does not apply to this section. |
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(d) If permanent directors have not been elected under |
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Section 3873.102 and the terms of the temporary directors expire, |
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the commissioners court shall appoint successor temporary |
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directors to serve four-year terms. |
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[Sections 3873.108-3873.150 reserved for expansion] |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 3873.151. DEPOSITORIES AND DISBURSEMENTS. (a) Money |
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and other funds belonging to or under control of the board are |
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public funds. |
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(b) The board shall select depositories for the money. |
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(c) A warrant or check for the withdrawal of money must be |
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signed by two persons authorized to sign a warrant or check by |
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resolution entered in the minutes of the board. |
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Sec. 3873.152. PERSONNEL. (a) The board may employ |
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managers, secretaries, stenographers, bookkeepers, accountants, |
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technical experts, and any other support personnel or agents the |
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board considers necessary. |
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(b) The board shall determine the qualifications and set the |
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duties of employees. |
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(c) The board may call on the county attorney, district |
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attorney, or criminal district attorney of the county for the legal |
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services it requires. In addition, or in the alternative, the board |
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may contract for and compensate its own legal staff. |
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Sec. 3873.153. SEAL. The board shall adopt a seal to place |
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on each lease, deed, or other instrument usually executed under |
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seal and on other instruments as the board requires. |
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Sec. 3873.154. CONTRACTS. (a) The board may enter into any |
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contract that the board considers necessary or convenient to carry |
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out the purposes and powers granted by this chapter, including a |
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lease or other contract connected with, incident to, or affecting |
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the acquisition, financing, construction, equipment, maintenance, |
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renovation, repair, improvement, or operation of real property or |
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facilities. |
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(b) If the contract is for an amount less than or equal to |
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the amount provided by Section 262.023, Local Government Code, the |
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board may enter into the contract without advertisement. If the |
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contract is for more than that amount, the contract is subject to |
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the bidding provisions for contracts applicable to a county under |
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that section. |
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(c) To be effective, a contract must be: |
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(1) approved by resolution of the board; |
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(2) executed by the president or vice president; and |
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(3) attested by the secretary or treasurer. |
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Sec. 3873.155. SUITS. The board may sue and be sued in its |
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own name. |
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Sec. 3873.156. DISTRICT RULES AND ORDERS; CRIMINAL PENALTY; |
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CIVIL ENFORCEMENT. (a) The board may adopt reasonable rules and |
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orders applicable to: |
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(1) the administration, enforcement, and collection |
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of district taxes; |
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(2) littering and litter abatement in the parks in the |
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district, including the possession and disposition of glass |
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containers; |
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(3) activities that endanger the health and safety of |
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persons or property in parks in the district; |
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(4) tenants, business privileges, concessionaires, |
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users, and activities affecting district property and facilities, |
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including any provision necessary to protect and conserve natural |
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resources; and |
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(5) a road that borders or runs through a park, subject |
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to an applicable municipal ordinance. |
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(b) A police officer, constable, sheriff, or other law |
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enforcement officer with jurisdiction in the county may arrest a |
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person violating rules or orders of the board and carry out the |
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prosecution of a person arrested under this subsection in the |
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proper court. |
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(c) A person who violates a rule or order adopted under this |
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section commits an offense. An offense under this section is a |
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Class C misdemeanor. |
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(d) The county attorney, district attorney, and criminal |
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district attorney or an attorney retained by the board for this |
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purpose may bring an action to enjoin a violation of board rules or |
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orders. |
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Sec. 3873.157. BOND NOT REQUIRED. If the board brings an |
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action to enforce this subchapter or enjoin a violation of a rule or |
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order adopted by the board under this subchapter, the board is not |
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required to post a bond. |
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Sec. 3873.158. POWER TO ACQUIRE PROPERTY. (a) For the |
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conservation of the district's natural resources, the board may |
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acquire land in the county, inside or outside the district, |
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including streams, lakes, submerged lands, and swamplands, to |
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create parks. The board may develop, improve, protect, and promote |
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the land in a manner the board considers conducive to the general |
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welfare. |
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(b) The land may be acquired by: |
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(1) gift or devise; |
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(2) lump-sum payment; or |
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(3) installment payments regardless of an option to |
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purchase. |
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(c) The district does not have the power of eminent domain. |
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(d) The commissioners court by eminent domain may not |
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acquire land for park purposes and subsequently transfer by any |
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means the land or control of the land to the board for park |
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purposes. If the commissioners court by eminent domain acquires |
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land for purposes other than park purposes, the court may not |
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subsequently transfer by any means the land or control of the land |
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to the board for park purposes unless at least 10 years have expired |
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after the date of the acquisition by the court. This subsection |
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applies only to land that the commissioners court acquires by |
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eminent domain. |
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Sec. 3873.159. SALE OR LEASE OF LANDS. (a) If the board |
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determines that land owned by the district is not necessary for the |
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purposes for which the land was acquired, the board may sell and |
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dispose of the land on terms the board considers advisable. |
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(b) The board may lease or permit the use of land for |
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purposes consistent with the purposes for which the land was |
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acquired and on terms the board considers advisable. |
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(c) Before land owned by the district may be sold, once a |
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week for four consecutive weeks in a newspaper of general |
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circulation in the county the board must publish a notice of its |
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intention to sell the land. The notice must include an accurate |
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description of the land, the time of a public hearing that is before |
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the 10th day before the disposition date, and the time and place at |
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which sealed bids will be received. |
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Sec. 3873.160. ACCEPTANCE OF GRANTS AND GRATUITIES. To |
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promote, establish, or accomplish a purpose of this chapter, the |
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board may: |
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(1) accept grants and gratuities in any form from any |
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source, including the United States government, this state, any |
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state or federal agency, any private or public corporation, or any |
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other person; |
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(2) accept donations of money or other property; and |
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(3) act as trustee of land, money, or other property. |
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Sec. 3873.161. COOPERATION WITH OTHER PUBLIC AUTHORITIES. |
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Under an agreement with a public authority, including the city, in |
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control of parkland in the county, the district may assume control |
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of all or part of the parkland in or contiguous to the district or |
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may contract or cooperate with the authority in connection with the |
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use, development, improvement, and protection of the parkland. |
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Sec. 3873.162. REQUIREMENTS FOR RENTAL OF WATER-ORIENTED |
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RECREATIONAL EQUIPMENT. (a) This section applies only to the |
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rental of water-oriented recreational equipment in the district. |
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(b) A person may not rent water-oriented recreational |
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equipment to a person younger than 18 years of age. |
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(c) A person may rent water-oriented recreational equipment |
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to a person who is at least 18 years of age only if: |
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(1) each person who is at least 18 years of age who |
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will use the equipment signs a written agreement for the rental of |
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that equipment; and |
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(2) each person who will use the equipment, regardless |
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of age, is listed on the agreement. |
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Sec. 3873.163. PLAN FOR DEVELOPMENT OF PARKS; ANNUAL |
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BUDGET; FILING. (a) The board shall develop and approve a |
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three-year master plan for capital development and the development |
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of parks and district facilities. |
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(b) The board shall annually review and revise the master |
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plan during the budget process and shall file a copy of the master |
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plan and revisions with the county clerk. |
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(c) The board shall annually develop and approve a one-year |
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budget that must include the suggested revisions and additions to |
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the master plan. |
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(d) The board shall submit the annual budget to the |
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commissioners court for approval and shall file a copy with the |
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county clerk. |
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[Sections 3873.164-3873.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3873.201. 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. 3873.202. GENERAL OBLIGATION AND REVENUE BONDS. For |
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the payment of all or part of the costs of a park improvement |
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project or park services, the board may issue bonds in one or more |
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series payable from and secured by ad valorem taxes, revenues, |
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grants, gifts, contracts, leases, or any combination of those |
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funds. Bonds may be liens on all or part of the revenue derived from |
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park improvements or services authorized under this chapter. |
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Sec. 3873.203. TERMS AND CONDITIONS OF BONDS. (a) Bonds may |
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be issued to mature serially or otherwise not more than 40 years |
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from their date of issue. |
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(b) If provided by the bond order or resolution, the |
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proceeds from the sale of bonds may be used to pay interest on the |
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bonds during and after the period of the acquisition or |
|
construction of any park improvement project to be provided through |
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the issuance of the bonds, to administrative and operation expenses |
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to create a reserve fund for the payment of the principal of and |
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interest on the bonds, and to create any other funds. |
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Sec. 3873.204. PLEDGES. (a) The board may pledge all or |
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part of the income from park improvement projects financed under |
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this chapter or from any other source to the payment of the bonds, |
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including the payment of principal, interest, and any other amounts |
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required or permitted in connection with the bonds. The pledged |
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income shall be set and collected in amounts that will be at least |
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sufficient, with any other pledged resources, to provide for all |
|
payments of principal, interest, and any other amounts required in |
|
connection with the bonds and, to the extent required by the order |
|
or resolution authorizing the issuance of the bonds, to provide for |
|
the payment of expenses in connection with the bonds and to pay |
|
operation, maintenance, and other expenses in connection with the |
|
improvement projects authorized under this chapter. |
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(b) Bonds may be additionally secured by a mortgage or deed |
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of trust on real property relating to the facilities authorized |
|
under this chapter owned or to be acquired by the district and by |
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chattel mortgages, liens, or security interests on personal |
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property appurtenant to that real property. The board may |
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authorize the execution of trust indentures, mortgages, deeds of |
|
trust, or other forms of encumbrance to evidence the indebtedness. |
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(c) The board may pledge to the payment of the bonds all or |
|
any part of any grant, donation, revenue, or income received or to |
|
be received from the United States government or any other public or |
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private source. |
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Sec. 3873.205. MUNICIPAL APPROVAL. (a) A district must |
|
obtain the approval of the governing body of the city before issuing |
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bonds for a park improvement project and for the plans and |
|
specifications of a park improvement project financed by the bond |
|
issuance. |
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(b) Instead of approval of bonds by the city, the district |
|
before finally approving a capital improvements budget may obtain |
|
approval from the governing body of the city of a capital |
|
improvements budget for a period not to exceed five years. If a |
|
district obtains approval of a capital improvements budget, it may |
|
finance the capital improvements and issue bonds specified in the |
|
budget without further approval from the city. |
|
(c) The district must obtain approval from the city of the |
|
plans and specifications of any park improvement project that |
|
involves the use of the rights-of-way of streets, roads, or |
|
highways or the use of city land or any easements granted by the |
|
city. |
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(d) The city is not obligated to pay any bonds, notes, or |
|
other obligations of the district. |
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Sec. 3873.206. AD VALOREM TAX; ELECTION. (a) The district |
|
must hold an election in the manner provided by Subchapter L, |
|
Chapter 375, Local Government Code, to obtain voter approval before |
|
the district imposes an ad valorem tax. |
|
(b) If authorized at an election under Subsection (a) and |
|
subject to Subsection (c), the district may impose an annual ad |
|
valorem tax on taxable property in the district to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire park improvements; or |
|
(3) provide a park service. |
|
(c) The board shall determine the tax rate. The tax rate may |
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not exceed 35 cents per $100 valuation. |
|
[Sections 3873.207-3873.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
|
Sec. 3873.251. DISSOLUTION. (a) The commissioners court by |
|
order may dissolve the district. The order may be adopted: |
|
(1) on the commissioners court's own motion; or |
|
(2) after the filing of a written petition signed by a |
|
number of the registered voters who reside in the district equal to |
|
at least 10 percent of the votes received in the district in the |
|
most recent gubernatorial general election. |
|
(b) The commissioners court shall give notice of a hearing |
|
on the petition and hold a hearing in the manner prescribed by |
|
Sections 3873.052 and 3873.053 for a petition for confirming the |
|
creation of the district. |
|
(c) The commissioners court shall grant the petition and |
|
order the dissolution of the district if the court finds that the |
|
petition meets the requirements of this section and that the |
|
dissolution is in the best interest of the county. |
|
(d) On dissolution of the district, the property and other |
|
assets, the debts and other liabilities, and the obligations of the |
|
district that are not related to city property become those of the |
|
county. The property and other assets, the debts and other |
|
liabilities, and the obligations of the district that are related |
|
to city property become those of the city. |
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SECTION 2. The Kaufman County Parks Improvement District |
|
initially includes all territory contained in Forney Independent |
|
School District that is not included in the boundaries of the City |
|
of Forney as it exists on the effective date of this Act. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
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SECTION 4. 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 |
|
Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |