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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Burnet County Improvement District No. |
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1; providing authority to levy an assessment, impose a tax, and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3913 to read as follows: |
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CHAPTER 3913. BURNET COUNTY IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3913.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "County" means Burnet County. |
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(3) "Director" means a board member. |
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(4) "District" means the Burnet County Improvement |
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District No. 1. |
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Sec. 3913.002. NATURE OF DISTRICT. The Burnet County |
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Improvement District No. 1 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3913.003. 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 county 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) This chapter and the creation of the district may not be |
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interpreted to relieve the county from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant county services provided in the |
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district. |
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Sec. 3913.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to 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; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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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. 3913.005. 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. 3913.006. 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; |
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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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Sec. 3913.007. 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. 3913.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3913.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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Sec. 3913.052. APPOINTMENT OF VOTING DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3913.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3913.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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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; or |
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(3) a nonvoting director. |
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Sec. 3913.055. 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. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3913.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2015, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2017. |
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(c) Section 3913.052 does not apply to this section. |
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(d) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3913.101. 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. 3913.102. IMPROVEMENT PROJECTS AND SERVICES. 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 any money available to the district, or contract with |
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a 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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Sec. 3913.103. 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. 3913.104. 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. 3913.105. 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. 3913.106. 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 the county, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3913.107. 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. 3913.108. 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 provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3913.109. 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 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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(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. 3913.110. ANNEXATION OF LAND. The district may annex |
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land as provided by Subchapter J, Chapter 49, Water Code. |
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Sec. 3913.111. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3913.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3913.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3913.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3913.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3913.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax authorized |
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or approved by the district voters or a required payment for service |
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provided by the district, including water and sewer services. |
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Sec. 3913.156. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3913.201. ELECTIONS REGARDING TAXES AND BONDS. |
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(a) The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3913.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3913.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3913.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3913.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3913.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3913.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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SUBCHAPTER F. DEFINED AREAS |
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Sec. 3913.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3913.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the area defined or property designated under |
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Section 3913.251, the board shall call and hold an election in the |
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defined area or within the boundaries of the designated property |
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only. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3913.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) The board's order is not subject to judicial review |
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except on the grounds of fraud, palpable error, or arbitrary and |
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confiscatory abuse of discretion. |
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Sec. 3913.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 3913.253, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3913.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR |
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DESIGNATED PROPERTY. After the order under Section 3913.253 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SECTION 2. The Burnet County Improvement District No. 1 |
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initially includes all territory contained in the following area: |
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A DESCRIPTION OF 412.315 ACRES, BEING OUT OF THE MARIA C. |
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SALINAS SURVEY NO. 17, ABSTRACT NO. 776, THE W.W. BURTON SURVEY NO. |
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15, ABSTRACT NO. 1809, THE MARK GRIGSBY SURVEY NO. 530, ABSTRACT NO. |
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332 AND THE G.T. R.R. CO. SURVEY NO. 344, ABSTRACT NO. 2755 IN |
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BURNET COUNTY, TEXAS, COMPRISED OF THE FOLLOWING TRACTS OF LAND: |
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ALL OF A 334.08 ACRE TRACT CONVEYED TO RALPH B. THOMAS AND |
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BETTE P. THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 5, 2007 |
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AND RECORDED IN DOCUMENT NO. 0701526 OF THE OFFICIAL PUBLIC RECORDS |
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OF BURNET COUNTY, TEXAS. |
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A PORTION OF TRACTS II (CALLED 44.998 ACRES), IIIA (CALLED |
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26.923 ACRES) AND ALL OF TRACT IIIB (CALLED 9.801 ACRES) CONVEYED TO |
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RALPH BOWMAN THOMAS IN A GENERAL WARRANTY DEED DATED FEBRUARY 21, |
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1994 AND RECORDED IN VOLUME 592, PAGE 99 OF THE REAL PROPERTY |
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RECORDS OF BURNET COUNTY, TEXAS, DULY RECORDED IN VOLUME 12112, |
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PAGE 1719 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, AND |
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BY QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN VOLUME |
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13366, PAGE 1241 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, |
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TEXAS. |
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ALL OF A 10.15 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A |
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GENERAL WARRANTY DEED DATED MARCH 10, 1994 AND RECORDED IN VOLUME |
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596, PAGE 477 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS. |
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A PORTION OF A 10.0 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS |
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IN A GENERAL WARRANTY DEED DATED MARCH 30, 1994 AND RECORDED IN |
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VOLUME 599, PAGE 115 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, |
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TEXAS. |
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ALL OF A 10.07 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A |
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GENERAL WARRANTY DEED DATED APRIL 26, 1994 AND RECORDED IN VOLUME |
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602, PAGE 463 OF THE REAL PROPERTY RECORDS OF BURNET COUNTY, TEXAS. |
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A PORTION OF AN 85.237 ACRE TRACT CONVEYED TO RALPH BOWMAN |
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THOMAS IN A QUITCLAIM DEED DATED JANUARY 19, 1999 AND RECORDED IN |
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VOLUME 13366, PAGE 1217 OF THE REAL PROPERTY RECORDS OF TRAVIS |
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COUNTY, TEXAS. |
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ALL OF A 10.00 ACRE TRACT CONVEYED TO RALPH BOWMAN THOMAS IN A |
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WARRANTY DEED DATED JUNE 1, 1999 AND RECORDED IN DOCUMENT NO. |
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1999056870 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. |
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SAID 412.315 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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BEGINNING at a Mag nail found in concrete in the south |
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right-of-way line of County Road 404 (right-of-way width varies), |
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being the northwest corner of said 334.08 acre tract, being the |
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northeast corner of a 316.681 acre tract described in Volume 1377, |
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Page 647 of the Real Property Records of Burnet County, Texas; |
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THENCE with the south right-of-way line of County Road 404 |
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and the north line of said 334.08 acre tract, the following five (5) |
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courses and distances: |
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1. South 67°38'54" East, a distance of 816.85 feet to an 8" |
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cedar fence post found; |
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2. South 84°53'42" East, a distance of 527.84 feet to an 8" |
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cedar fence post found; |
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3. North 78°47'35" East, a distance of 754.99 feet to a 1/2" |
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rebar with "Chaparral" cap set; |
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4. South 74°47'17" East, a distance of 67.66 feet to an 8" |
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cedar fence post found; |
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5. South 51°23'59" East, a distance of 750.72 feet to an 8" |
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cedar fence post found for the northeast corner of said 334.08 acre |
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tract, being the northwest corner of a 13 acre tract described in |
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Volume 530, Page 500 of the Real Property Records of Travis County, |
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Texas; |
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THENCE South 01°54'37" East, with the east line of said 334.08 |
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acre tract and the west line of the said 13 acre tract, a distance of |
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951.09 feet to a 1/2" rebar found for the southwest corner of said |
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13 acre tract, being the northwest corner of said 9.801 acre tract; |
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THENCE South 84°53'45" East, with the north line of said 9.801 |
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acre tract and the south line of said 13 acre tract, a distance of |
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1159.53 feet to a spindle with "Chaparral" washer set for an angle |
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point in the west line of said 44.998 acre tract; |
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THENCE North 02°45'53" West, crossing said 13 acre tract, with |
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the west line of said 44.998 acre tract, a distance of 225.13 feet |
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to a 1/2" rebar with cap found in the south right-of-way line of |
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Paleface Ranch Road (right-of-way width varies), being the |
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northwest corner of said 44.998 acre tract; |
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THENCE with the south right-of-way line of Paleface Ranch |
|
Road and the north line of said 44.998 acre tract, the following |
|
eight (8) courses and distances: |
|
1. South 85°07'39" East, a distance of 185.55 feet to a 1/2" |
|
rebar with "Chaparral" cap set; |
|
2. South 70°29'30" East, a distance of 75.84 feet to a 1/2" |
|
rebar found; |
|
3. South 63°32'09" East, a distance of 141.62 feet to a 1/2" |
|
rebar found; |
|
4. South 61°56'20" East, a distance of 65.77 feet to a 1/2" |
|
rebar found; |
|
5. South 53°33'04" East, a distance of 26.35 feet to a 1/2" |
|
rebar found; |
|
6. South 45°49'56" East, a distance of 128.13 feet to a 1/2" |
|
rebar found; |
|
7. South 28°54'03" East, a distance of 104.91 feet to a 1/2" |
|
rebar with "Chaparral" cap set; |
|
8. South 18°11'27" East, a distance of 150.82 feet to a |
|
calculated point in the southeast line of Burnet County, being the |
|
northwest line of Travis County, from which a calculated angle |
|
point in said County line at grid coordinates N 10141050.73, E |
|
3000806.96, bears North 28°40'00" East, a distance of 6413.89 feet, |
|
and also from which a 1-1/4" iron pipe found in the southwest |
|
right-of-way line of Paleface Ranch Road, being the northeast |
|
corner of said 44.998 acre tract, being the northernmost corner of |
|
said 85.237 acre tract, bears South 18°11'27" East, a distance of |
|
6.22 feet, then South 05°12'24" East, a distance of 10.82 feet; |
|
THENCE South 28°40'00" West, crossing said 44.998 acre tract, |
|
said 10.0 acre tract described in Volume 599, Page 115, said 26.923 |
|
acre tract, and said 85.237 acre tract, with said county line, a |
|
distance of 3561.58 feet to a calculated point in the south line of |
|
said 334.08 acre tract, being in the north line of a 709.419 acre |
|
tract described in Document No. 2006005737 of the Official Public |
|
Records of Travis County, Texas, from which a calculated point at |
|
the location of a 6" by 6" by 44" tall concrete monument, grid |
|
coordinates N 10125649.79, E 2992386.79, marking the intersection |
|
of Travis, Burnet and Blanco counties and referenced in Document |
|
No. 2006005737 of the Official Public Records of Travis County, |
|
Texas, bears South 28°40'00" West, a distance of 7578.73 feet, and |
|
also from which a 1/2" rebar with "RPLS 4532" cap found for the |
|
southeast corner of said 334.08 acre tract, being the northeast |
|
corner of said 709.419 acre tract, also being an angle point in the |
|
west line of said 26.923 acre tract, bears North 88°39'23" East, a |
|
distance of 4.08 feet; |
|
THENCE South 88°39'23" West, with the south line of said |
|
334.08 acre tract and the north line of said 709.419 acre tract, a |
|
distance of 2317.20 feet to a 1/2" rebar found for the northwest |
|
corner of said 709.419 acre tract, being the northeast corner of a |
|
680.247 acre tract described in Document No. 0709805 of the |
|
Official Public Records of Burnet County, Texas; |
|
THENCE South 88°53'11" West, with the south line of said |
|
334.08 acre tract and the north line of said 680.247 acre tract, a |
|
distance of 977.10 feet to a 1/2" rebar found for the southwest |
|
corner of said 334.08 acre tract, being an angle point in the north |
|
line of said 680.247 acre tract, being also the southeast corner of |
|
said 316.681 acre tract; |
|
THENCE with the west line of said 334.08 acre tract and the |
|
east line of said 316.681 acre tract, the following two (2) courses |
|
and distances: |
|
1. North 05°26'58" East, a distance of 2358.74 feet to a 60d |
|
nail found; |
|
2. North 05°32'10" East, a distance of 2864.67 feet to the |
|
POINT OF BEGINNING, containing 412.315 acres of land, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |