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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Austin Desired Development Zone |
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District No. 1; providing authority to levy an assessment, impose |
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taxes, and issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3862 to read as follows: |
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CHAPTER 3862. AUSTIN DESIRED DEVELOPMENT ZONE DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3862.001. 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 Austin. |
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(3) "County" means Travis County. |
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(4) "Director" means a board member. |
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(5) "District" means the Austin Desired Development |
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Zone District No. 1. |
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Sec. 3862.002. NATURE OF DISTRICT. The district is a special |
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district created under Section 59, Article XVI, Texas Constitution. |
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Sec. 3862.003. 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 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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Sec. 3862.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, employees, potential employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3862.005. 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 boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of 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. 3862.006. 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. 3862.007. 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. 3862.008. 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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Sec. 3862.009. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect four permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3862.010. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 3862.009 |
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until the city and each other municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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(b) The city and each other municipality may condition its |
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consent to the creation of the district, the inclusion of land in |
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the district, and the exercise or limitation of powers granted to |
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the district under this chapter on a requirement that the |
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municipality and the owner of land included in the district |
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negotiate and enter into a written agreement under this chapter and |
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Sections 43.0563 and 212.172, Local Government Code. |
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(c) An agreement described by Subsection (b) between a |
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municipality and a landowner entered into before the effective date |
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of this chapter and that complies with this section is validated on |
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the effective date of this Act. |
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(d) Section 54.016, Water Code, does not apply to the |
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district or to an agreement under this section. An agreement under |
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this section constitutes a municipality's consent to the creation |
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of the district under Section 42.042, Local Government Code. |
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[Sections 3862.011-3862.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3862.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven directors. Four of the directors are |
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elected. Three of the directors are appointed under Section |
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3862.053. |
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(b) Except as provided by Section 3862.052, directors serve |
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staggered four-year terms, with two elected directors' terms and |
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one or two appointed directors' terms expiring on June 1 of each |
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even-numbered year. The term of office for each director first |
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appointed under Section 3862.053 shall begin on the date the four |
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permanent directors are elected under Section 3862.009. The |
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initial directors shall determine their terms as provided by |
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Section 49.102(h), Water Code. |
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Sec. 3862.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, as determined by the most recent certified tax appraisal |
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roll for the county, may submit a petition to the Texas Commission |
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on Environmental Quality requesting that the commission appoint as |
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temporary directors the four persons named in the petition. The |
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commission shall appoint as temporary directors the four persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date four permanent directors are elected |
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under Section 3862.009; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 3862.009 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3862.009; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district, |
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according to the most recent certified tax appraisal roll for the |
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county, may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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successor temporary directors the four persons named in the |
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petition. The commission shall appoint as successor temporary |
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directors the four persons named in the petition. |
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Sec. 3862.053. APPOINTMENT OF DIRECTORS. (a) The city |
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council of the city shall appoint one person as a director. A |
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person is appointed if a majority of the members of the city council |
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vote to appoint that person. If a person is not appointed to the |
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board under Subsection (c), the members of the city council may vote |
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to appoint a second person as a director. |
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(b) The county commissioners court shall appoint one person |
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as a director. A person is appointed if a majority of the members of |
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the commissioners court vote to appoint that person. |
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(c) The Texas Commission on Environmental Quality shall |
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appoint as director one person nominated by the board. The board |
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shall request a name of a nominee for the director position from |
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each person who owns at least 25 percent of the surface area of land |
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in the district, based on the most recent certified tax appraisal |
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roll for the county. The board shall submit to the Texas Commission |
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on Environmental Quality the nominee whose name was submitted by |
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the person who owns the largest total surface area of land in the |
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district. If the board has not received any names of potential |
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nominees before the 31st day after the date the board requests that |
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names be submitted, or if no person owns at least 25 percent of the |
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surface area of land in the district, the board shall notify the |
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city that it may appoint a second director under Subsection (a), and |
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no appointment shall be made under this subsection. |
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Sec. 3862.054. QUALIFICATIONS OF DIRECTOR. (a) To be |
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qualified to be elected and to serve as an elected director, or to |
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be qualified to be appointed and to serve as a director appointed |
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under Section 3862.053(c), a person must be at least 18 years old |
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and: |
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(1) a resident of the district; or |
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(2) an owner of property in the district. |
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(b) To be qualified to be appointed and to serve as a |
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director appointed under Section 3862.052 or 3862.053(a) or (b), a |
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person must be at least 18 years old. |
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(c) A person who qualifies to serve as a director under this |
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section is subject to Section 375.072, Local Government Code. |
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Sec. 3862.055. DIRECTOR VACANCY. A vacancy in the office of |
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an elected director shall be filled for the unexpired term by the |
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majority vote of the remaining members of the board. A vacancy in |
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the office of a director appointed under Section 3862.053 shall be |
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filled for the unexpired term in the same manner as the original |
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appointment under that section. |
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Sec. 3862.056. QUORUM; VOTING REQUIREMENT. (a) A |
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concurrence of a majority of the directors is required for any |
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official action of the district unless a lesser or greater number of |
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votes is provided by other law. The written consent of at least |
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two-thirds of the directors is required to authorize the imposition |
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of assessments, the imposition of taxes, the imposition of impact |
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fees, or the issuance of bonds. |
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(b) For purposes of determining the requirements for a |
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quorum of the board, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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Sec. 3862.057. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. |
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[Sections 3862.058-3862.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3862.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties: |
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(1) provided by the general laws relating to |
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conservation and reclamation districts created under Section 59, |
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Article XVI, Texas Constitution, including Chapters 49 and 54, |
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Water Code; |
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(2) provided by Section 52, Article III, Texas |
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Constitution, including the power to design, acquire, construct, |
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finance, issue bonds for, improve, operate, maintain, and convey to |
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this state, a county, or a municipality for operation and |
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maintenance: |
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(A) macadamized, graveled, or paved roads; or |
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(B) improvements, including storm drainage, in |
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aid of those roads; |
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(3) that Subchapter A, Chapter 372, Local Government |
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Code, provides to a municipality or a county; |
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(4) that Chapter 375, Local Government Code, provides |
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to a municipality; |
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(5) that Chapter 380, Local Government Code, provides |
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to a municipality; |
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(6) that Chapter 394, Local Government Code, provides |
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to a housing finance corporation created and operating under that |
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chapter; |
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(7) that Subchapter C, Chapter 402, Local Government |
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Code, provides to a municipality; and |
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(8) that Chapters 501, 502, and 505, Local Government |
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Code, provide to a municipality or to a Type A or B corporation |
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created by a municipality. |
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Sec. 3862.102. 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) A service agreement made by the district shall be |
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terminable at will and without penalty on 30 days' notice of |
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termination, unless the district secures the written consent of the |
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city to modify or exclude those termination provisions, except for |
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service agreements with the following persons or entities: |
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(1) a developer of property in the district, as |
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defined by Section 49.052(d), Water Code; |
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(2) a government agency, entity, or political |
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subdivision; |
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(3) a retail public utility or electric cooperative, |
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concerning water, wastewater, gas, electricity, telecommunication, |
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drainage, or other utility services and facilities; or |
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(4) a provider of services relating to solid waste |
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collection, transfer, processing, reuse, resale, disposal, and |
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management. |
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(c) 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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(d) The board may enter into a contract with the board of |
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directors of a tax increment reinvestment zone created under |
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Chapter 311, Tax Code, and the governing body of the municipality or |
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county that created the zone to manage the zone or implement the |
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project plan and reinvestment zone financing plan. |
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Sec. 3862.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT |
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AND FIREFIGHTING SERVICES. (a) To protect the public interest, the |
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district may contract with a qualified party, including the county |
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or the city, for the provision of law enforcement services in the |
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district for a fee. |
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(b) The district may provide firefighting services under |
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Section 49.351, Water Code, and has the powers and duties of a |
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municipality under Section 775.022, Health and Safety Code. |
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Sec. 3862.104. ECONOMIC DEVELOPMENT PROGRAMS. The district |
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may establish and provide for the administration of one or more |
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programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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Sec. 3862.105. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership with the city under Section 43.0751, Local Government |
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Code. A power granted to the district under this chapter may be |
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restricted or prohibited by the terms and conditions of an |
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agreement between the city and the district under this section. |
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Sec. 3862.106. LIMITED EMINENT DOMAIN. (a) The district |
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may exercise the power of eminent domain under Section 49.222, |
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Water Code. |
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(b) The district may not exercise the power of eminent |
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domain outside the district boundaries to acquire: |
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(1) a site for a water treatment plant, water storage |
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facility, wastewater treatment plant, or wastewater disposal |
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plant; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 3862.107. ANNEXATION OR EXCLUSION OF LAND BY DISTRICT. |
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(a) The district may annex land as provided by Subchapter J, |
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Chapter 49, 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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Sec. 3862.108. SUITS. The district may not be a voluntary |
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party to any suit against the city by a district resident or a |
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person who owns property in the district unless the district has |
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standing to bring the suit. |
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[Sections 3862.109-3862.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3862.151. PUBLIC TRANSIT SYSTEM. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain a public transit system to serve the area |
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within the boundaries of the district. |
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(b) The district may contract with a regional transit |
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authority for the provision of a public transit system and public |
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transit services. |
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Sec. 3862.152. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease |
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as lessor or lessee, construct, develop, own, operate, and maintain |
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parking facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to or |
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operated for the district by an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(e) The district's parking facilities and any lease to a |
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private entity are exempt from the payment of ad valorem taxes and |
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state and local sales and use taxes. |
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Sec. 3862.153. RULES. The district may adopt rules |
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covering its public transit system or its parking facilities. |
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Sec. 3862.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR |
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PARKING FACILITIES. (a) The district may use any of its resources, |
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including revenue, assessments, taxes, or grant or contract |
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proceeds, to pay the cost of acquiring or operating a public transit |
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system or parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the public transit system or the parking |
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facilities; and |
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(2) issue bonds or notes to finance the cost of these |
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facilities. |
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[Sections 3862.155-3862.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3862.201. 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. 3862.202. 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. 3862.203. 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 |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) must be signed by |
|
the owners of a majority of the assessed value of real property in |
|
the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3862.204. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
|
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. 3862.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district: |
|
(1) are a first and prior lien against the property |
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assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
Sec. 3862.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
|
ASSESSMENTS. The district may not impose an impact fee or |
|
assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a person who provides to the public cable |
|
television or advanced telecommunications services. |
|
Sec. 3862.207. RESIDENTIAL PROPERTY. Section 375.161, |
|
Local Government Code, does not apply to the district. |
|
Sec. 3862.208. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held in accordance with Section 3862.213, |
|
the district may impose an operation and maintenance tax on taxable |
|
property in the district in accordance with Section 49.107, Water |
|
Code, for any district purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 3862.209. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
Sec. 3862.210. AUTHORITY TO ISSUE BONDS. (a) The district |
|
by competitive bid may issue bonds, notes, or other obligations |
|
payable wholly or partly from ad valorem taxes, assessments, impact |
|
fees, revenue, grants, or other money of the district, or any |
|
combination of those sources of money, to pay for any authorized |
|
district purpose. |
|
(b) The limitation on the outstanding principal amount of |
|
bonds, notes, and other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 3862.211. CITY APPROVAL OF DISTRICT BONDS. (a) Not |
|
later than the 30th day before the first publication of notice of |
|
the sale of a district bond, the district shall provide to the city, |
|
as applicable: |
|
(1) a copy of the district's application to the Texas |
|
Commission on Environmental Quality for approval of the bond sale; |
|
(2) a copy of the staff memorandum from the Texas |
|
Commission on Environmental Quality approving the projects and the |
|
bonds; |
|
(3) the proposed bond resolution; |
|
(4) the preliminary official statement for the bond |
|
sale; |
|
(5) the bid form; and |
|
(6) the notice of sale. |
|
(b) The city may refuse to approve a bond sale only if the |
|
city determines that issuance of the bonds would cause the district |
|
to be substantially out of compliance with a material provision of a |
|
written agreement between the district and the city under Sections |
|
3862.010 and 3862.105, or any other written agreement with the city |
|
pertaining to the district's creation or operation. |
|
(c) The city shall notify the district of its refusal to |
|
approve a bond sale under Subsection (b) not later than the 15th day |
|
after the city receives the information provided under Subsection |
|
(a), or the bond sale shall be considered to be approved by the |
|
city. |
|
(d) The district may not issue or sell a bond that the city |
|
has timely refused to approve under this section. |
|
Sec. 3862.212. TAXES FOR BONDS. At the time the district |
|
issues bonds or other obligations payable wholly or partly from ad |
|
valorem taxes, the board shall provide for the annual imposition of |
|
a continuing direct ad valorem tax, without limit as to rate or |
|
amount, while all or part of the bonds are outstanding as required |
|
and in the manner provided by Sections 54.601 and 54.602, Water |
|
Code. |
|
Sec. 3862.213. ELECTIONS REGARDING TAXES AND BONDS. (a) |
|
The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 3862.209. |
|
(b) 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 may impose an ad valorem |
|
tax or sales and use tax or issue bonds payable from ad valorem |
|
taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of district bonds may |
|
be included in one single proposition to be voted on at the election |
|
or the bonds may be submitted in several propositions. |
|
Sec. 3862.214. CITY NOT REQUIRED TO PAY DISTRICT |
|
OBLIGATIONS. Except as provided by Section 375.263, Local |
|
Government Code, the city is not required to pay a bond, note, or |
|
other obligation of the district. |
|
Sec. 3862.215. COMPETITIVE BIDDING. Subchapter I, Chapter |
|
49, Water Code, applies to the district. Subchapter K, Chapter 375, |
|
Local Government Code, does not apply to the district if the |
|
district complies with the requirements of Section 375.222, Local |
|
Government Code, as that section existed on January 1, 2009. |
|
Sec. 3862.216. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may grant in the manner authorized by Chapter 312, Tax Code, an |
|
abatement for a tax or assessment owed to the district. |
|
Sec. 3862.217. TAX INCREMENT FINANCING POWERS. (a) The |
|
district may designate all or any part of the district as a tax |
|
increment reinvestment zone, and the district may use tax increment |
|
financing under Chapter 311, Tax Code, in the manner provided by |
|
that chapter for a municipality, except as modified by this |
|
section. |
|
(b) The district has all powers provided under Chapter 311, |
|
Tax Code. |
|
(c) The district and an overlapping taxing unit may enter |
|
into an interlocal agreement for the payment of all or a portion of |
|
the tax increment of the unit to the district. |
|
(d) For the purpose of tax increment financing under this |
|
section, the board functions as the board of directors of the |
|
reinvestment zone. Section 311.009, Tax Code, does not apply to the |
|
district. |
|
[Sections 3862.218-3862.300 reserved for expansion] |
|
SUBCHAPTER F. SALES AND USE TAX |
|
Sec. 3862.301. MEANINGS OF WORDS AND PHRASES. Words and |
|
phrases used in this subchapter that are defined by Chapters 151 and |
|
321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
|
Tax Code. |
|
Sec. 3862.302. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
|
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
apply to taxes imposed under this subchapter and to the |
|
administration and enforcement of those taxes in the same manner |
|
that those laws apply to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes applies to the application, collection, charge, and |
|
administration of a sales and use tax imposed under this subchapter |
|
to the extent consistent with this chapter, as if references in |
|
Chapter 321, Tax Code, to a municipality referred to the district |
|
and references to a governing body referred to the board. |
|
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
|
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
|
apply to a tax imposed under this subchapter. |
|
Sec. 3862.303. AUTHORIZATION; ELECTION. (a) The district |
|
may adopt a sales and use tax to serve the purposes of the district |
|
after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
|
(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
hold the election in the manner prescribed by Section 3862.213. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a sales and use tax |
|
in the Austin Desired Development Zone Management District No. 1 at |
|
a rate not to exceed _____ percent." |
|
Sec. 3862.304. ABOLISHING SALES AND USE TAX. (a) Except as |
|
provided in Subsection (b), the board may abolish the sales and use |
|
tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
(c) Notwithstanding Subsection (b), a sales and use tax |
|
adopted under this subchapter is automatically abolished on the |
|
effective date of full-purpose annexation by the city of the |
|
district. |
|
Sec. 3862.305. SALES AND USE TAX RATE. (a) On adoption of |
|
the tax authorized by this subchapter, there is imposed a tax on the |
|
receipts from the sale at retail of taxable items in the district |
|
and an excise tax on the use, storage, or other consumption in the |
|
district of taxable items purchased, leased, or rented from a |
|
retailer in the district during the period that the tax is in |
|
effect. |
|
(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
|
rate authorized by the district voters at the election. The board |
|
may lower the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
[Sections 3862.306-3862.350 reserved for expansion] |
|
SUBCHAPTER G. HOTEL OCCUPANCY TAXES |
|
Sec. 3862.351. HOTEL OCCUPANCY TAX. (a) In this section, |
|
"hotel" has the meaning assigned by Section 156.001, Tax Code. |
|
(b) For purposes of this section, a reference in Chapter |
|
351, Tax Code, to a municipality is a reference to the district and |
|
a reference in Chapter 351, Tax Code, to the municipality's |
|
officers or governing body is a reference to the board. |
|
(c) Except as inconsistent with this section, Subchapter A, |
|
Chapter 351, Tax Code, governs a hotel occupancy tax authorized by |
|
this section. |
|
(d) The district may impose a hotel occupancy tax and use |
|
the revenue from the tax for any district purpose that is an |
|
authorized use of hotel occupancy tax revenue under Chapter 351, |
|
Tax Code. |
|
(e) The board by order may impose, repeal, increase, or |
|
decrease the rate of a tax on a person who, under a lease, |
|
concession, permit, right of access, license, contract, or |
|
agreement, pays for the use or possession or for the right to the |
|
use or possession of a room that: |
|
(1) is in a hotel located in the district's boundaries; |
|
(2) costs $2 or more each day; and |
|
(3) is ordinarily used for sleeping. |
|
(f) The amount of the tax may not exceed seven percent of the |
|
price paid for a room in a hotel. |
|
(g) The district may examine and receive information |
|
related to the imposition of hotel occupancy taxes to the same |
|
extent as if the district were a municipality. |
|
(h) A hotel occupancy tax imposed under this subchapter is |
|
automatically abolished on the effective date of full-purpose |
|
annexation by the city of the district. |
|
[Sections 3862.352-3862.400 reserved for expansion] |
|
SUBCHAPTER H. DISSOLUTION |
|
Sec. 3862.401. DISSOLUTION. (a) The district may not be |
|
dissolved under Subchapter M, Chapter 375, Local Government Code, |
|
or any other law that authorizes dissolution of the district unless |
|
all of the district's outstanding debts and contractual obligations |
|
payable from ad valorem taxes, sales and use taxes, assessments, or |
|
other revenue sources are paid in full or payment is fully provided |
|
for. |
|
(b) If the conditions of Subsection (a) are satisfied, the |
|
district may be dissolved by the affirmative vote of at least five |
|
of the directors of the board. If the conditions of Subsection (a) |
|
are satisfied after the district has been annexed into the city for |
|
full purposes, the city may dissolve the district by the majority |
|
vote of its governing body. |
|
(c) Dissolution of the district shall be in accordance with |
|
the terms and conditions of this section and of an agreement between |
|
the landowner and the city under Section 3862.010. |
|
(d) Sections 43.075 and 43.0715, Local Government Code, do |
|
not apply to the district. |
|
SECTION 2. Austin Desired Development Zone District No. 1 |
|
includes all territory contained in the following area: |
|
A DESCRIPTION OF 326.322 ACRES IN THE SANTIAGO DEL VALLE |
|
GRANT, THE GUILLERMO NUNEZ SURVEY NO. 502, AND THE BARBARA LOPEZ Y |
|
MIRELEZ SURVEY NO. 503, IN TRAVIS COUNTY, TEXAS, BEING ALL OF A |
|
25.304 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED JULY 23, 2008 AND RECORDED IN DOCUMENT NO. |
|
2008124712 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
|
A PORTION OF A 138.540 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY |
|
DEED TO JONA ACQUISITION INC., DATED MARCH 2, 2007 AND RECORDED IN |
|
DOCUMENT NO. 2007038642 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, A PORTION OF A 20.807 ACRE TRACT DESCRIBED AS EXHIBIT |
|
A-2 IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED |
|
JANUARY 3, 2007 AND RECORDED IN DOCUMENT NO. 2007003159 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
|
81.018 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED DECEMBER 12, 2006 AND RECORDED IN DOCUMENT |
|
NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED IN A SPECIAL |
|
WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 20, 2006 AND |
|
RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, ALL OF A 152.571 ACRE TRACT DESCRIBED IN A |
|
SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER 2, |
|
2006 AND RECORDED IN DOCUMENT NO. 2006214522 OF THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS, A ALL OF A 59.027 ACRE TRACT |
|
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038634 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND A PORTION OF |
|
F.M. 1625, A FARM TO MARKET ROAD IN TRAVIS COUNTY, TEXAS HAVING A |
|
RIGHT-OF-WAY WIDTH OF 80 FEET; SAID 326.322 ACRE TRACT BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a 1/2" rebar with "Chaparral Boundary" cap found |
|
in the west right-of-way line of U.S. Highway 183 (right-of-way |
|
width varies) for the northeast corner of said 25.304 acre tract, |
|
same being the southeast corner of Lot 14, South 183 Park, a |
|
subdivision of record in Volume 78, Page 253 of the Plat Records of |
|
Travis County, Texas; |
|
THENCE with the west right-of-way line of U.S. Highway 183, |
|
same being the east line of said 25.304 acre tract, with a curve to |
|
the left, having a radius of 5779.84 feet, a delta angle of 3°25'57", |
|
an arc length of 346.27 feet, and a chord which bears South 06°47'27" |
|
West, a distance of 346.22 feet to a 1/2" rebar with "Chaparral |
|
Boundary" cap found in the west right-of-way line of F.M. 1625 (80' |
|
right-of-way) for an angle point in the east line of said 25.304 |
|
acre tract; |
|
THENCE South 27°05'32" West, with the west right-of-way line |
|
of F.M. 1625, same being the east line of said 25.304 acre tract, a |
|
distance of 312.55 feet to a 1/2" rebar with "Chaparral Boundary" |
|
cap found for an angle point, same being the north corner of a 0.017 |
|
acre tract described in a right-of-way deed of record in Volume |
|
1278, Page 455 of the Deed Records of Travis County, Texas; |
|
THENCE South 32°22'56" West, with the east line of said 25.304 |
|
acre tract, same being the west right-of-way line of F.M. 1625, also |
|
being the west line of said 0.017 acre tract, a distance of 105.03 |
|
feet to a Mag nail with "Chaparral Boundary" washer found at the |
|
southeast corner of said 25.304 acre tract, same being the |
|
northeast corner of said 138.540 acre tract, also being the |
|
southwest corner of said 0.017 acre tract; |
|
THENCE with the west right-of-way line of F.M. 1625, same |
|
being the southeast line of said 138.540 acre tract, the following |
|
two (2) courses and distances: |
|
1. South 32°22'56" West, a distance of 3.43 feet to a |
|
concrete highway monument found; |
|
2. South 27°05'32" West, a distance of 432.46 feet to a |
|
calculated point for a south corner of said 138.540 acre tract, same |
|
being the east corner of a 1.10 acre tract described in a deed of |
|
record in Volume 12586, Page 40 of the Real Property Records of |
|
Travis County, Texas, from which a 1/2" rebar found bears South |
|
52°47'09" East, a distance of 0.55 feet; |
|
THENCE North 52°47'09" West, with the south line of said |
|
138.540 acre tract, same being the northeast line of said 1.10 acre |
|
tract and the northeast line of a 1 acre tract described in a deed of |
|
record in Volume 5869, Page 1058 of the Deed Records of Travis |
|
County, Texas, a total distance of 427.83 feet to a 1/2" rebar with |
|
"Chaparral Boundary" cap found at the northernmost corner of said 1 |
|
acre tract; |
|
THENCE South 30°00'39" West, continuing with the south line of |
|
said 138.540 acre tract, same being the northwest line of said 1 |
|
acre tract, a distance of 250.26 feet to a 1/2" rebar found for the |
|
westernmost corner of said 1 acre tract, same being an angle point |
|
in the northeast line of said 20.807 acre tract; |
|
THENCE South 53°08'58" East, with the north line of said |
|
20.807 acre tract, same being the south line of said 1 acre tract |
|
and the south line of said 1.10 acre tract, a distance of 440.29 |
|
feet to a 1/2" rebar with "Chaparral Boundary" cap found in the west |
|
right-of-way line of F.M. 1625, for the northeast corner of said |
|
20.807 acre tract, same being the southeast corner of said 1.10 acre |
|
tract; |
|
THENCE with the west right-of-way line of F.M. 1625, same |
|
being the east line of said 20.807 acre tract, the following three |
|
(3) courses and distances: |
|
1. South 27°05'32" West, a distance of 28.03 feet to a 1/2" |
|
rebar with "Chaparral Boundary" cap found; |
|
2. South 26°41'32" West, a distance of 410.29 feet to a |
|
concrete highway monument found; |
|
3. South 27°11'23" West, a distance of 393.37 feet to a |
|
calculated point in the north right-of-way line of Colton Bluff |
|
Springs Road (apparent right-of-way width varies), for the |
|
southeast corner of said 20.807 acre tract, from which a 1/2" rebar |
|
found bears North 61°15'38" West, a distance of 0.36 feet; |
|
THENCE South 62°48'37" East, departing the north right-of-way |
|
line of Colton Bluff Springs Road, same being the west right-of-way |
|
line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet |
|
to a calculated point in the east right-of-way line of F.M. 1625, |
|
same being the west line of said 59.027 acre tract; |
|
THENCE North 27°11'23" East, with the east right-of-way line |
|
of F.M. 1625, same being the west line of said 59.027 acre tract, a |
|
distance of 12.84 feet to a 1/2" rebar with "Chaparral Boundary" cap |
|
found for the northwest corner of said 59.027 acre tract, same being |
|
in the east right-of-way line of F.M. 1625, being also in the south |
|
right-of-way line of McKenzie Road (60' right-of-way width); |
|
THENCE with the north line of the 59.027 acre tract, same |
|
being the south right-of-way line of McKenzie Road, the following |
|
two (2) courses and distances: |
|
1. South 62°41'20" East, a distance of 908.70 feet to a 1" |
|
iron pipe found; |
|
2. South 33°59'03" East, at a distance of 170.08 feet passing |
|
a concrete highway monument found, and continuing for a total |
|
distance of 171.70 feet to a 1/2" rebar with plastic "Chaparral |
|
Boundary" cap found in the west right-of-way line of U.S. Highway |
|
183, from which another concrete highway monument found bears South |
|
57°18'03" East, a distance of 126.01 feet; |
|
THENCE South 4°10'14" East, with the west right-of-way line of |
|
U.S. Highway 183, at a distance of 1888.95 feet passing a 1/2" rebar |
|
with plastic "Chaparral Boundary" cap found, at the southeast |
|
corner of said 59.027 acre tract, same being the northeast corner of |
|
said 152.571 acre tract, and continuing with the east line of said |
|
152.571 acre tract, same being the west right-of-way line of U.S. |
|
Highway 183, for a total distance of 4697.45 feet to a 5/8" rebar |
|
found at the southeast corner of said 152.571 acre tract, same being |
|
the northeast corner of a 9.87 acre tract described in a deed of |
|
record in Document No. 1999103744 of the Official Public Records of |
|
Travis County, Texas, also being in the west right-of-way line of |
|
U.S. Highway 183 (100' right-of-way width); |
|
THENCE North 62°43'22" West, with the south line of said |
|
152.571 acre tract, same being the north lines of said 9.87 acre |
|
tract, a 19.73 acre tract described in a deed of record in Volume |
|
4054, Page 1326 of the Deed Records of Travis County, Texas, a 3.00 |
|
acre tract described in a deed of record in Volume 3978, Page 1205 |
|
of the Deed Records of Travis County, Texas, and a 1.00 acre tract |
|
described in a deed of record in Volume 2100, Page 268 of the Deed |
|
Records of Travis County, Texas, a distance of 3498.94 feet to a |
|
1/2" rebar with plastic "Chaparral Boundary" cap found at the |
|
southwest corner of said 152.571 acre tract, same being the |
|
northwest corner of said 1.00 acre tract, also being in the |
|
established east right-of-way line of F.M. 1625; |
|
THENCE North 62°43'22" West, departing the east right-of-way |
|
line of F.M. 1625, crossing F.M. 1625, at a distance of 80.00 feet |
|
to a calculated point in the west right-of-way line of F.M. 1625, |
|
same being the east line of a 167.748 acre tract of land described |
|
in Document No. 2006241307 of the Official Public Records of Travis |
|
County, Texas; |
|
THENCE North 27°05'45" East, with the west right-of-way line |
|
of F.M. 1625, same being the east line of said 167.748 acres tract, |
|
the east line of a 0.1291 acre tract described in a deed of record |
|
under Document No. 2001163489 of the Official Public Records of |
|
Travis County, Texas, and the east line of said 103.415 acre tract, |
|
a distance of 1721.97 feet to a calculated point; |
|
THENCE crossing the said 167.748 acres tract, said 103.415 |
|
acre tract, said 81.018 acre tract, said 20.807 acre tract, said |
|
138.540 acre tract, F.M. 1625, and Colton Bluff Springs Road the |
|
following eleven (11) courses and distances: |
|
1. North 62°55'18" West, a distance of 582.76 feet to a |
|
calculated point; |
|
2. North 27°04'42" East, a distance of 1111.80 feet to a |
|
calculated point; |
|
3. South 62°55'18" East, a distance of 587.80 feet to a |
|
calculated point; |
|
4. North 27°11'27" West, a distance of 173.86 feet to a |
|
calculated point for a point of curvature to the left; |
|
5. Following said curve to the left, having a radius of |
|
1450.01 feet, a delta angle of 48°32'03", an arc length of 1228.27 |
|
feet, and a chord which bears North 02°55'25" East, a distance of |
|
1191.88 feet to a calculated point; |
|
6. North 21°20'36" West, a distance of 811.55 feet to a |
|
calculated point for a point of curvature to the right; |
|
7. Following said curve to the left, having a radius of |
|
500.00 feet, a delta angle of 41°14'06", an arc length of 359.84 |
|
feet, and a chord which bears North 00°43'33" West, a distance of |
|
352.13 feet to a calculated point; |
|
8. North 19°53'30" East, a distance of 342.27 feet to a |
|
calculated point for a point of curvature to the right; |
|
9. Following said curve to the right, having a radius of |
|
2003.01 feet, a delta angle of 22°31'58", an arc length of 787.73 |
|
feet, and a chord which bears North 58°50'31" West, a distance of |
|
782.66 feet to a calculated point; |
|
10. North 47°34'32" West, a distance of 43.08 feet to a |
|
calculated point; |
|
11. North 27°06'47" East, a distance of 3.11 feet to a 1/2" |
|
iron pipe found for an angle point in the north line of said 138.540 |
|
acre tract, same being the southeast corner of a 380.080 acre tract |
|
described in a deed of record in Volume 12791, Page 11 of the Real |
|
Property Records of Travis County, Texas; |
|
THENCE with the common line of said 138.540 acre tract and |
|
said 380.080 acre tract, the following two (2) courses and |
|
distances: |
|
1. North 27°06'47" East, a distance of 851.48 feet to a 3/4" |
|
iron pipe found; |
|
2. North 29°08'56" East, a distance of 229.98 feet to a 1/2" |
|
iron pipe found at the southwest corner of said 25.304 acre tract; |
|
THENCE North 26°45'01" East, with the west line of said 25.304 |
|
acre tract, same being the east line of said 380.080 acre tract, a |
|
distance of 430.74 feet to a 1/2" rebar found at the northwest |
|
corner of said 25.304 acre tract, same being the southwest corner of |
|
Lot 8, South 183 Park, a subdivision of record in Volume 78, Page |
|
253 of the Plat Records of Travis County, Texas; |
|
THENCE South 48°05'10" East, with the north line of said |
|
25.304 acre tract, same being the south line of Lots 8 through 14 |
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inclusive of said South 183 Park, at a distance of 2072.23 feet to |
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POINT OF BEGINNING, containing 326.322 acres of land, more or less. |
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SECTION 3. (a) The legislature finds that the development |
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or redevelopment in the area in the proposed Austin Desired |
|
Development Zone District No. 1 would not occur solely through |
|
private investment in the reasonably foreseeable future. |
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(b) The legislature further finds that the area in the |
|
proposed Austin Desired Development Zone District No. 1 is |
|
unproductive and underdeveloped and that the conditions |
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substantially arrest or impair the sound growth of the area, are an |
|
economic or social liability, and present a menace to the public |
|
health, safety, morals, or welfare. |
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SECTION 4. (a) The legal notice of the intention to |
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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 |
|
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 |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |