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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 Gulfton Area Municipal Management |
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District; providing authority to impose a tax, levy an assessment, |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3889 to read as follows: |
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CHAPTER 3889. GULFTON AREA MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3889.001. 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 Houston, Texas. |
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(3) "Director" means a board member. |
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(4) "District" means the Gulfton Area Municipal |
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Management District. |
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Sec. 3889.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3889.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) The district is created to supplement and not to |
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supplant city services provided in the district. |
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Sec. 3889.004. 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 further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; |
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(3) developing or expanding transportation and |
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commerce; and |
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(4) providing quality residential housing. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a residential community and business |
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center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping, |
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removing graffiti, and developing certain areas in the district, |
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which are necessary for the restoration, preservation, and |
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enhancement of scenic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, vehicle parking, and street art objects are parts of |
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and necessary components of a street and are considered to be an |
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improvement project that includes a street or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3889.005. DISTRICT TERRITORY. (a) 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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(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. 3889.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) 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; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for the purposes permitted for money granted to a corporation under |
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Section 380.002(b), Local Government Code, including the right to |
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pledge the money as security for any bonds issued by the district |
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for an improvement project. A project may not receive public funds |
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under Section 380.002(b), Local Government Code, unless the project |
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has been approved by the governing body of the city. |
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(c) A tax increment reinvestment zone created by the city in |
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the district is not subject to the limitations provided by Section |
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311.006(b), Tax Code. |
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Sec. 3889.007. 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. 3889.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3889.009-3889.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3889.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of seven directors who serve staggered terms of |
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four years expiring June 1 of each even-numbered year. |
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Sec. 3889.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY |
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CITY. (a) To be qualified to serve as a director appointed by the |
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governing body of the city, a person must be: |
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(1) a resident of the district who is also a registered |
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voter of the district; |
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(2) an owner of property in the district; |
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(3) an owner of stock or a partnership or membership |
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interest, whether beneficial or otherwise, of a corporate |
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partnership, limited liability company, or other entity owner of a |
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direct or indirect interest in property in the district; |
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(4) an owner of a beneficial interest in a trust, or a |
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trustee in a trust, that directly or indirectly owns property in the |
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district; or |
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(5) an agent, employee, or tenant of a person |
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described by Subdivision (2), (3), or (4). |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3889.053. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors from persons recommended |
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by the board. |
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Sec. 3889.054. VACANCY. If a vacancy occurs on the board, |
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the remaining directors shall appoint a director for the remainder |
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of the unexpired term. |
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Sec. 3889.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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director shall file the director's oath or affirmation of office |
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with the district, and the district shall retain the oath or |
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affirmation in the district records. |
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(b) A director shall file a copy of the director's oath or |
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affirmation with the secretary of the city. |
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Sec. 3889.056. QUORUM. A vacant director position is not |
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counted for purposes of establishing a quorum. |
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Sec. 3889.057. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. The offices |
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of chair and secretary may not be held by the same person. |
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Sec. 3889.058. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $50 for each |
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board meeting. The total amount of compensation for each director |
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in one year may not exceed $2,000. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3889.059. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3889.060. NO EXECUTIVE COMMITTEE. The board may not |
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create an executive committee to exercise the powers of the board. |
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Sec. 3889.061. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3889.062. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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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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6 ________________ |
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7 ________________ |
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(b) The terms of the initial directors expire June 1, 2012. |
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(c) Of the directors who replace an initial director, the |
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terms of directors serving in positions 1, 2, 3, and 4 expire June |
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1, 2014, and the terms of directors serving in positions 5, 6, and 7 |
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expire June 1, 2016. |
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(d) Section 3889.052 does not apply to this section. |
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(e) This section expires September 1, 2012. |
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[Sections 3889.063-3889.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3889.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3889.102. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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(b) An improvement project described by Subsection (a) may |
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be located: |
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(1) in the district; or |
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(2) in an area outside but adjacent to the district if |
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the project is for the purpose of extending a public infrastructure |
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improvement beyond the district's boundaries to a logical terminus. |
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Sec. 3889.103. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3889.104. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3889.105. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3889.106. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including Harris County or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3889.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3889.108. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, 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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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3889.109. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including 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 related appurtenances. |
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(b) 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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(c) The district's parking facilities are necessary |
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components of a street and are considered to be a street or road |
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improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3889.110. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3889.111-3889.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3889.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of signatures and |
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the procedure required for a disbursement or transfer of the |
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district's money. |
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Sec. 3889.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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an improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code, using any money available to |
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the district. |
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Sec. 3889.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) The petition must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Harris County; or |
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(2) at least 25 persons who own real property in the |
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district subject to assessment, if more than 25 persons own real |
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property in the district subject to assessment as determined by the |
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most recent certified tax appraisal roll for Harris County. |
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Sec. 3889.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3889.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3889.156. LIMITATION ON AMOUNT OF CERTAIN ASSESSMENTS. |
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An assessment based on the taxable value of real property may not |
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exceed 12 cents per $100 of assessed valuation of taxable property |
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in the district, according to the most recent certified tax |
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appraisal roll for Harris County. |
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Sec. 3889.157. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
|
or assessment on property in the zones. |
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[Sections 3889.158-3889.200 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3889.201. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue, by public or private sale, bonds, notes, or |
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other obligations payable wholly or partly from ad valorem taxes or |
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assessments in the manner provided by Subchapter A, Chapter 372, or |
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Subchapter J, Chapter 375, Local Government Code. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
|
note, certificate of participation or other instrument evidencing a |
|
proportionate interest in payments to be made by the district, or |
|
other type of obligation. |
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(c) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
|
Government Code, district bonds may be secured and made payable |
|
wholly or partly by a pledge of any part of the money the district |
|
receives from improvement revenue or from any other source. |
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Sec. 3889.202. BOND MATURITY. Bonds may mature not more |
|
than 40 years from their date of issue. |
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Sec. 3889.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
|
valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
|
ad valorem tax for each year that all or part of the bonds are |
|
outstanding; and |
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(2) the district annually shall impose an ad valorem |
|
tax on all taxable property in the district in an amount sufficient |
|
to: |
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(A) pay the interest on the bonds or other |
|
obligations as the interest becomes due; and |
|
(B) create a sinking fund for the payment of the |
|
principal of the bonds or other obligations when due or the |
|
redemption price at any earlier required redemption date. |
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[Sections 3889.204-3889.250 reserved for expansion] |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3889.251. DISSOLUTION BY CITY ORDINANCE. (a) The city |
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by ordinance may dissolve the district. |
|
(b) The city may not dissolve the district until the |
|
district's outstanding debt or contractual obligations that are |
|
payable from ad valorem taxes have been repaid or discharged, or the |
|
city has affirmatively assumed the obligation to pay the |
|
outstanding debt from city revenue. |
|
Sec. 3889.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
|
(a) If the dissolved district has bonds or other obligations |
|
outstanding secured by and payable from assessments or other |
|
revenue, other than ad valorem taxes, the city shall succeed to the |
|
rights and obligations of the district regarding enforcement and |
|
collection of the assessments or other revenue. |
|
(b) The city shall have and exercise all district powers to |
|
enforce and collect the assessments or other revenue to pay: |
|
(1) the bonds or other obligations when due and |
|
payable according to their terms; or |
|
(2) special revenue or assessment bonds or other |
|
obligations issued by the city to refund the outstanding bonds or |
|
obligations. |
|
Sec. 3889.253. CONCURRENCE ON ADDITIONAL POWERS. If the |
|
legislature grants the district a power that is in addition to the |
|
powers approved by the initial resolution of the governing body of |
|
the city consenting to the creation of the district, the district |
|
may not exercise that power unless the governing body of the city |
|
consents to that change by resolution. |
|
Sec. 3889.254. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
|
After the city dissolves the district, the city assumes, subject to |
|
the appropriation and availability of funds, the obligations of the |
|
district, including any bonds or other debt payable from |
|
assessments or other district revenue. |
|
(b) If the city dissolves the district, the board shall |
|
transfer ownership of all district property to the city. |
|
SECTION 2. The Gulfton Area Municipal Management District |
|
initially includes all the territory contained in the following |
|
area: |
|
The District will include the right-of-way of the Toll Road |
|
at West Park Toll road, Beginning at that point, and travelling |
|
westerly along the US Hwy 59 corridor to Hilcroft, heading |
|
southerly along the eastern boundary of the Greater Sharpstown |
|
Management District, to Bissonnet Street, then heading easterly |
|
along Bissonnet, and including the right-or-way of Bissonnet to |
|
Rampart, then south to Pine, then East to Renwick, then North to |
|
Bissonnet, then east along Bissonnet to Jassmine, east to Otto, |
|
then following the City of Bellaire western city limit line |
|
northerly until the point of Beginning. |
|
SAVE AND EXCEPT: |
|
A PARCEL OF LAND CONTAINING 7.1117 ACRES (309,787 SQUARE FEET) MORE |
|
OR LESS BEING LOTS 33, 34, 35, 36, 53, 54, 55, 56 AND 57, BLOCK 23, |
|
WESTMORELAND FARMS, AMENDED FIRST SUBDIVISION, AS RECORDED IN |
|
VOLUME 3, PAGE 60, HARRIS COUNTY MAP RECORDS, AND BEING TRACT ONE |
|
AND TRACT TWO, CONVEYED FROM BELLAIRE RENWICK SQUARE, LTD. TO |
|
I.M.C.S. OF TEXAS, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. |
|
M893430, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, HARRIS COUNTY, |
|
TEXAS, O.P.R.R.P.H.C.T., SAID 7.1117 ACRE TRACT BEING SITUATED IN |
|
THE DAY LAND CATTLE CO. SURVEY, ABSTRACT NO.1167 AND W. TWIST |
|
SURVEY, ABSTRACT NO. 765, IN HARRIS COUNTY, TEXAS, AND BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING, AT A FOUND 5/8 INCH IRON ROD AT THE INTERSECTION OF THE |
|
NORTH END OF BELLAIRE BOULEVARD, 120 FOOT RIGHT-OF-WAY, AS SHOWN IN |
|
SAID VOLUME 3, PAGE 60, HARRIS COUNTY MAP RECORDS, WITH THE WEST END |
|
OF ATWELL STREET, RIGHT-OF-WAY VARIES, FOR THE SOUTHEAST CORNER OF |
|
SAID LOT 57, AND THE SOUTHEAST CORNER OF SAID TRACT TWO; |
|
THENCE, S 87° 36' 04" W, WITH THE SAID NORTH END OF BELLAIRE |
|
BOULEVARD, SAME BEING THE SOUTH END OF SAID LOTS 57, 56, 55, 54 AND |
|
53, AND THE SOUTH END OF SAID TRACT TWO, A DISTANCE OF 585.00 FEET TO |
|
A SET 5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE MOST |
|
EASTERLY CUTBACK CORNER IN THE SAID NORTH END OF BELLAIRE |
|
BOULEVARD, WITH THE EAST END OF RENWICK DRIVE, 90 FOOT |
|
RIGHT-OF-WAY, SAME BEING THE MOST EASTERLY CORNER OF THAT CERTAIN |
|
0.0026 OF AN ACRE TRACT AWARDED TO THE CITY OF HOUSTON IN AN EMINENT |
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DOMAIN PROCEEDING, CITY OF HOUSTON VS. BELLAIRE RENWICK SQUARE, |
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LTD., AS RECORDED IN CAUSE NO. 561577 OF THE COUNTY CIVIL COURT AT |
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LAW NO. 2 OF HARRIS COUNTY, TEXAS: FROM WHICH THE SOUTHWEST CORNER |
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OF SAID LOT 53, AND THE SOUTHWEST CORNER OF SAID TRACT TWO, AND ALSO |
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THE SOUTHWEST CORNER OF THE SAID 0.0026 ACRE TRACT, BEARS, N 87° 36' |
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04" W, 15.00 FEET; |
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THENCE, N 47° 23' 56" W. CROSSING A PORTION OF SAID LOT 53, AND |
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CROSSING A PORTION OF SAID TRACT TWO, WITH THE NORTHEAST END OF THE |
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SAID 0.0026 ACRE TRACT, A DISTANCE OF 21.21 FEET, TO A SET 5/8 INCH |
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IRON ROD WITH CAP STAMPED CIVIL-SURV, IN THE WEST END OF SAID LOT |
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53, AND THE WEST END OF SAID TRACT TWO, FOR THE MOST NORTHERLY |
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CUTBACK CORNER IN THE SAID EAST END OF RENWICK DRIVE, WITH THE SAID |
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NORTH END OF BELLAIRE BOULEVARD, SAME BEING THE MOST NORTHERLY |
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CORNER OF THE SAID 0.0026 ACRE TRACT, |
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THENCE, N 02° 23' 56" W, WITH THE SAID EAST END OF RENWICK DRIVE, |
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SAME BEING THE SAID WEST END OF SAID LOT 53, AND THE WEST END OF SAID |
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TRACT TWO. AT A DISTANCE OF 255.00 FEET, PASS THE SOUTHWEST CORNER |
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OF SAID LOT 33, AND THE SOUTHWEST CORNER OF SAID TRACT ONE, SAME |
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BEING THE NORTHWEST CORNER OF SAID LOT 53, AND THE NORTHWEST CORNER |
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OF SAID TRACT TWO, AND WITH THE WEST END OF SAID LOT 33, AND THE WEST |
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END OF SAID TRACT ONE, A TOTAL DISTANCE OF 555.00 FEET, TO A FOUND |
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5/8 INCH IRON ROD WITH CAP, AT THE INTERSECTION OF THE SAID EAST END |
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OF RENWICK DRIVE, WITH THE SOUTH END OF DASHWOOD STREET, 60 FOOT |
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RIGHT-OF-WAY, AS SHOWN IN SAID VOLUME 3, PAGE 60, HARRIS COUNTY MAP |
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RECORDS, FOR THE NORTHWEST CORNER OF SAID LOT 33, AND THE NORTHWEST |
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CORNER OF SAID TRACT ONE; |
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THENCE, N 87° 36' 04" E, WITH THE SAID SOUTH END OF DASHWOOD STREET, |
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SAME BEING THE NORTH END OF SAID LOTS 33, 34, 35, AND 36, AND THE |
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NORTH END OF SAID TRACT ONE, A DISTANCE OF 493.00 FEET, TO A FOUND |
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"X" CUT IN CONCRETE, FOR THE NORTHWEST CORNER OF LOT 37, OF SAID |
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BLOCK 23, AND THE NORTHWEST CORNER OF THAT CERTAIN TRACT CONVEYED |
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FROM EUGENE R. CRAN TO DEBBIE CRAN, AS RECORDED IN COUNTY CLERK'S |
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FILE NO. N243327, O.P.R.R.P.RC.T., SAME BEING THE NORTHEAST CORNER |
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OF SAID LOT 36, AND THE NORTHEAST CORNER OF SAID TRACT ONE, FROM |
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WHICH A FOUND 5/8 INCH IRON ROD, AT THE INTERSECTION OF THE SAID |
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SOUTH END OF DASHWOOD STREET, WITH THE SAID WEST END OF ATWELL |
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STREET. FOR THE NORTHEAST CORNER OF SAID LOT 37, AND THE NORTHEAST |
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CORNER OF THE SAID CRAN TRACT, BEARS, N 87° 36' 04" E, 107.00 FEET; |
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THENCE, S 02° 23' 56" E, WITH THE WEST END OF SAID LOT 37, AND THE |
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WEST END OF THE SAID CRAN TRACT, SAME BEING THE EAST END OF SAID LOT |
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36, AND THE EAST END OF SAID TRACT ONE, A DISTANCE OF 300.00 FEET, TO |
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A FOUND 5/8 INCH IRON ROD WITH CAP, IN THE NORTH END OF SAID TRACT |
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TWO, FOR THE SOUTHWEST CORNER OF SAID LOT 37, AND THE SOUTHWEST |
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CORNER OF THE SAID CRAN TRACT, SAME BEING THE SOUTHEAST CORNER OF |
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SAID LOT 36, AND THE SOUTHEAST CORNER OF SAID TRACT ONE, SAME ALSO |
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BEING THE NORTHEAST CORNER OF SAID LOT 56, AND ALSO BEING THE |
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NORTHWEST CORNER OF SAID LOT 57; |
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THENCE, N 87° 36' 04" E, WITH THE SOUTH END OF SAID LOT 37, AND THE |
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SOUTH END OF THE SAID CRAN TRACT, SAME BEING THE NORTH END OF SAID |
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LOT 57, AND THE SAID NORTH END OF TRACT TWO, A DISTANCE OF 107.00 |
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FEET, TO A POINT IN THE SAID WEST END OF ATWELL STREET, FOR THE |
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SOUTHEAST CORNER OF SAID LOT 37, AND THE SOUTHEAST CORNER OF THE |
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SAID CRAN TRACT, SAME BEING THE NORTHEAST CORNER OF SAID LOT 57, AND |
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THE NORTHEAST CORNER OF SAID TRACT TWO, FROM WHICH A FOUND 5/8 INCH |
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IRON ROD WITH CAP, BEARS. S 02° 23' 56" E, 1.09 FEET; |
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THENCE, S 02° 23' 56" E, WITH THE SAID WEST END OF ATWELL STREET, |
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SAME BEING THE EAST END OF SAID LOT 57, AND THE EAST END OF SAID |
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TRACT TWO, A DISTANCE OF 270.00 FEET, TO THE POINT OF BEGINNING AND |
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CONTAINING 7.1117 ACRES (309,787 SQUARE FEET) OF LAND MORE OR LESS. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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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 |
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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 |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |