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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 Alamo Management District; |
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providing authority to 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 3636 to read as follows: |
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CHAPTER 3636. ALAMO MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3636.001. 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 San Antonio. |
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(3) "Commissioner" means the commissioner of the |
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General Land Office. |
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(4) "County" means Bexar County. |
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(5) "Director" means a board member. |
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(6) "District" means the Alamo Management District. |
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Sec. 3636.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3636.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, |
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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 protect and |
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preserve the Alamo shrine and the area surrounding the Alamo |
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shrine. |
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(c) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, tourism, recreation, the arts, entertainment, |
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enjoyment of historic and cultural treasures, economic |
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development, safety, health, and the public welfare in the |
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district. |
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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided on November 1, 2016, to the area in the |
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district. The district is created to supplement and not to supplant |
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city and county services provided in the district or city and county |
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zoning or site development ordinances or orders applicable to the |
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territory in the district. |
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Sec. 3636.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; 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, employees, visitors, and consumers in the |
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district, and of the public; |
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(2) provide needed funding for the district to |
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protect, preserve, maintain, and enhance the economic health and |
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vitality of the district territory as a community, business, |
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historic, and cultural center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping 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, |
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cultural, and aesthetic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, and street art objects are parts of and necessary |
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components of a street and are considered to be a street or road |
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improvement. Parking facilities are considered to be a street or |
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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. 3636.005. 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 of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes of the district contained in Section 2 of |
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the Act enacting this chapter or in copying the field notes in the |
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legislative process does not in any way 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 or other obligation |
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for a purpose for which the district is created or to pay the |
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principal of and interest on a bond; |
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(3) right to impose or collect an assessment; or |
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(4) legality or operation. |
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Sec. 3636.006. 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) a similar zone created for economic development |
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purposes. |
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Sec. 3636.007. 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. 3636.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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Sec. 3636.009. CONFLICT WITH RIVER AUTHORITY. If any |
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authority or power granted to the district overlaps or conflicts |
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with any authority or power granted to the San Antonio River |
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Authority, the authority or power granted to the San Antonio River |
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Authority shall supersede and control over the authority or power |
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granted to the district, unless the San Antonio River Authority |
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consents to the exercise of the authority or power by the district. |
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Sec. 3636.010. CONFLICT WITH CITY. If any authority or |
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power granted to the district overlaps or conflicts with any |
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authority or power granted to the city, the authority or power |
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granted to the city shall supersede and control over the authority |
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or power granted to the district, unless the city consents to the |
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exercise of the authority or power by the district. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3636.051. BOARD; TERMS. (a) The district is governed |
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by a board of seven voting directors who serve staggered terms of |
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four years, with three or four directors' terms expiring February 1 |
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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 7 or more than 15 voting directors. |
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Sec. 3636.052. APPOINTMENT AND REMOVAL OF DIRECTORS. (a) |
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The commissioner serves as the presiding officer of the board. |
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(b) The mayor of the city shall serve as a director or |
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appoint a person to serve on behalf of the mayor. |
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(c) The commissioner shall appoint the remaining members of |
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the board as follows: |
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(1) a person with knowledge of Texas history; |
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(2) a person with knowledge of preservation or |
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operation of historic sites; |
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(3) a person with knowledge of fund-raising or state |
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funding sources and procedures; |
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(4) a person with knowledge of municipal land use or |
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site development regulation; and |
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(5) a person who owns a business in or near the |
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district. |
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(d) If the board increases the number of directors under |
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Section 3636.051 to more than seven, the commissioner shall appoint |
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the additional directors. The additional directors must be |
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qualified to serve as a director under Section 375.063, Local |
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Government Code. |
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(e) If a vacancy occurs on the board, the commissioner shall |
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appoint a director for the remainder of the unexpired term only with |
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the approval of a majority of the remaining directors. |
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(f) Each director appointed under Subsection (c) serves at |
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the pleasure of the commissioner. The commissioner may remove a |
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director at any time in a manner authorized by law. |
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Sec. 3636.053. 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. 3636.054. QUORUM; BOARD ACTION. (a) Section 375.071, |
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Local Government Code, does not apply to the board. |
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(b) For purposes of determining the requirements for a |
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quorum of the board, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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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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(c) A concurrence of a majority of a quorum of directors is |
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required for an official action of the district. |
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(d) Official actions of the district must be made by written |
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resolution. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3636.101. 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. 3636.102. MASTER PLAN. The district may participate |
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with the city in the development and implementation of an Alamo |
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Complex Master Plan. |
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Sec. 3636.103. 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. 3636.104. CONTRACT WITH POLITICAL SUBDIVISION. The |
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county, the city, or another political subdivision of this state, |
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without further authorization, may contract with the district to |
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implement a project of the district or assist the district in |
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providing a service authorized under this chapter. A contract |
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under this section may: |
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(1) be for a period on which the parties agree; |
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(2) include terms on which the parties agree; |
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(3) be payable from any source of revenue that may be |
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available for that project or service; and |
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(4) provide terms under which revenue collected at a |
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district project or from a person using or purchasing a commodity or |
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service at a district project may be paid or rebated to the |
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district. |
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Sec. 3636.105. 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. 3636.106. NO ANNEXATION. The district may not annex |
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territory. |
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Sec. 3636.107. 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 |
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Sec. 3636.151. 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 the district's money. |
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Sec. 3636.152. NO TAXES, ASSESSMENTS, OR FEES. The |
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district may not impose a tax, assessment, or fee. |
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Sec. 3636.153. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds, notes, or other obligations payable from |
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money available to the district in the manner provided by |
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Subchapter J, Chapter 375, Local Government Code. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3636.154. REQUIREMENTS FOR BOND ISSUE. The district |
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may not issue bonds until the district submits to the Texas |
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Commission on Environmental Quality: |
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(1) an engineer's report describing the project for |
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which the bonds will provide funding, including data, profiles, |
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maps, plans, and specifications related to the project; and |
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(2) a cash flow analysis to determine the projected |
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bond payoff schedule, which includes the following assumptions: |
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(A) each ending balance for debt service in the |
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analysis is not less than 25 percent of the following year's debt |
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service requirement; and |
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(B) interest income is only shown on the ending |
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balance for debt service for the first two years. |
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SUBCHAPTER E. DISSOLUTION BY BOARD |
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Sec. 3636.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. Section 375.264, Local Government |
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Code, does not apply to the district. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. The Alamo Management District initially includes |
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all the territory contained in the following area: |
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From the midpoint of the intersection of W Market Street and N |
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Presa Street; Northward along N Presa Street, to the intersection |
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of E Houston Street and N Presa Street; Eastward along E Houston |
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Street to the intersection of E Houston Street and Jefferson; |
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Northward along Jefferson to the intersection of Jefferson and E |
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Travis Street; Eastward along E Travis Street, to the intersection |
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of N Alamo Street and E Travis Street; Northeastward along N Alamo |
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Street to the intersection of 4th Street and N Alamo Street; |
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Southeastward along 4th Street to the intersection of Bonham Street |
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and 4th Street; Northeastward along Bonham Street to the |
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intersection of Elm Street and Bonham Street; Southward along Elm |
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Street to the intersection of E Houston Street and Elm Street; |
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Eastward along E Houston Street to IH-37; Southeastward along the |
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south-bound lanes of IH-37, to the intersection of IH-37 and E |
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Market Street; West-northwestward along E Market Street to the |
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point of origin, the intersection of W Market Street and N Presa |
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Street. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |