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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 Ingleside Improvement District; |
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providing authority to issue bonds; granting limited power of |
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eminent domain; providing authority to impose assessments, fees, or |
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taxes. |
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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 3942 to read as follows: |
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CHAPTER 3942. INGLESIDE IMPROVEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3942.001. 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 Ingleside. |
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(3) "County" means San Patricio County. |
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(4) "Director" means a board member. |
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(5) "District" means the Ingleside Improvement |
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District. |
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Sec. 3942.002. NATURE OF DISTRICT. The Ingleside |
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Improvement District is a special district created under Section |
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59, Article XVI, Texas Constitution. |
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Sec. 3942.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3942.004. 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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(4) provide road, rail, and recreational facilities |
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for the district; |
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(5) provide for water facilities, wastewater |
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facilities, drainage facilities, canals, waterways, bulkheads, |
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docks, levees, and other similar improvements or facilities for the |
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district; and |
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(6) construct, operate, maintain, and improve |
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navigable waterways, including the dredging of waterways, |
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reclamation of land, and disposal of dredge materials. |
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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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(g) Rail facilities and improvements are: |
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(1) necessary and convenient for the use and |
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implementation of the district's navigation facilities and |
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improvements; |
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(2) necessary components of navigation facilities and |
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improvements; |
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(3) considered to be navigation facilities and |
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improvements; and |
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(4) necessary and convenient for the development and |
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expansion of transportation in this state. |
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(h) Levee facilities and improvements are: |
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(1) necessary and convenient for the use and |
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implementation of the district's navigation facilities and |
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improvements; |
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(2) necessary components of navigation facilities and |
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improvements; |
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(3) considered to be navigation facilities and |
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improvements; and |
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(4) necessary and convenient for the development and |
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expansion of transportation in this state. |
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Sec. 3942.005. 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 bonds 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 bonds; |
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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. 3942.006. 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. 3942.007. 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. 3942.008. 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. 3942.051. GOVERNING BODY; TERMS. (a) 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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(b) The board by resolution may change the number of voting |
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directors on the board if the board determines that the change is in |
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the best interest of the district. The board may not consist of |
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fewer than 5 or more than 11 voting directors. |
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Sec. 3942.052. DIRECTOR QUALIFICATIONS. A person is |
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eligible to serve as a director of the district only if the person |
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meets the eligibility requirements to register as a voter in this |
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state under Section 13.001, Election Code. |
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Sec. 3942.053. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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and members of the governing body of the city shall appoint voting |
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directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body, |
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including the mayor, vote to appoint that person. |
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Sec. 3942.054. 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. 3942.055. 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. 3942.056. 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. 3942.057. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2021, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2019. |
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(c) Section 3942.053 does not apply to this section. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3942.101. 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. 3942.102. 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. 3942.103. 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. 3942.104. 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. 3942.105. 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 or grant from any person. The |
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district shall promptly notify the city of any gift or grant |
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accepted by the district. |
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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. 3942.106. 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 or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3942.107. 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. 3942.108. 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. 3942.109. 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. 3942.110. 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. 3942.111. NAVIGATION DISTRICT POWERS. (a) The |
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district has the powers provided by the general law of this state |
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applicable to navigation districts created under Section 59, |
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Article XVI, Texas Constitution, including Chapters 60 and 62, |
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Water Code. |
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(b) The district may purchase, construct, acquire, own, |
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operate, maintain, improve, or extend, inside and outside the |
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district, a canal, waterway, bulkhead, dock, or other improvement |
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or facility necessary or convenient to accomplish the navigation |
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purposes of the district. |
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Sec. 3942.112. RAIL FACILITIES. The district may |
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construct, acquire, improve, maintain, and operate rail facilities |
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and improvements in aid of those facilities. |
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Sec. 3942.113. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 3942.114. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district may convey a road project authorized by Section |
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3942.113 to: |
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(1) the municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
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(2) the state if the state will operate and maintain |
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the road and the Texas Transportation Commission has approved the |
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plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3942.113 |
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that the district implements and does not convey to a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
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the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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Sec. 3942.115. CONSENT OF CITY REQUIRED. The district may |
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not take any of the following actions until the city has consented |
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by ordinance or resolution to the creation of the district and to |
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the inclusion of land in the district: |
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(1) hold an election under Subchapter L, Chapter 375, |
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Local Government Code; |
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(2) impose an ad valorem tax; |
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(3) impose an assessment; |
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(4) issue bonds; or |
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(5) enter into an agreement to reimburse the costs of |
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facilities. |
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Sec. 3942.116. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 3942.113; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3942.151. 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. 3942.152. 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. 3942.153. 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. 3942.154. 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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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3942.201. 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 3942.203. |
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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. 3942.202. 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 3942.201, 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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3942.203. 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. 3942.204. 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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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3942.205. 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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Sec. 3942.206. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SECTION 2. The Ingleside Improvement District initially |
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includes all territory contained in the following area: |
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Being 625 acres, more or less, out of the Wm McDonough Survey, |
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Abstract 184, the R.S. Williamson Survey, Abstract 283, the Edmond |
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St. John Survey, Abstract 250, the Louis Von Zacharias Survey, |
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Abstract 272, and the John Robinson Survey, Abstract 226, all |
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tracts located in the City of Ingleside, San Patricio County, |
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Texas. |
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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 |
|
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) 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. (a) Section 3942.116, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
|
each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 3942, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 3942.116 to read as follows: |
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Sec. 3942.116. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |