R2007-017 2007-02-12
RESOLUTION NO. R2007 -17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, CONSENTING TO THE CREATION OF THE
SPECTRUM MANAGEMENT DISTRICT.
WHEREAS, a municipal management district, to be known as the Spectrum
Management District (the "District"), is proposed to be created by the Texas Legislature
within the City of Pearland, Texas, for the benefit of the public, including the promotion,
development, encouragement and maintenance of employment, commerce,
transportation, housing, tourism, recreation, the arts, entertainment, economic
development, safety, and the general welfare in the area of the District; and
WHEREAS, the City of Pearland is agreeable to the creation of the District within
its boundaries.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council of the City of Pearland hereby supports the
proposed legislation creating the Spectrum Management District, and consents to the
creation of such District over the land within the City described in Exhibit A attached
hereto.
Section 2. That the Mayor and other elected officials and employees of the
City are hereby authorized and directed to take such actions on behalf of the City as
may be reasonably required to support the passage of the legislation creating the
District.
RESOLUTION NO. 2007-17
PASSED, APPROVED and ADOPTED, this the 1ih day of February, A.D., 2007.
~lom!JL
TOM REID
MAYOR
C
APPROVED AS TO FORM:
CL-)(.~
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
That certain tract of land in Harris County, Texas, described as follows:
Beginning at the intersection of the East boundary of the right of way of State
Highway 288 and the Harris County line at Clear Creek;
Thence, West along the Harris County line following Clear Creek to the East
boundary of the right of way of Almeda School Road (County Road 48);
Thence, North along the East boundary of the right of way of Almeda School
Road (County Road 48) to the South boundary of the right of way of Beltway 8 (Sam
Houston Parkway);
Thence, East along the South boundary of the right of way of Beltway 8 (Sam
Houston Parkway) to the East boundary of the right of way of State Highway 288;
Thence, South along the East boundary of the right of way of State Highway 288
to the point of beginning.
SAVE AND EXCEPT and land contained within the boundaries of the Pearland
Municipal Management District No.1.
R2007-17
RECE!'v.'
CIT ALLEN BOONE HUMPHRIES ROBINSON LLP
ATTORNEYS AT LAW
FEB I 6 AM I I PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON,TEXAS 77027
TEL(713)860-6400
FAX(713)860-6401
abhr.com
Direct Line: (713)860-6466
Nancy Kwon
Direct Fax: (713)860-6666 nkwon@abhr.com Associate
February 15, 2007
Certified Mail 7005 1820 0004 4837 9239
Return Receipt Requested
Mr. Young Lorfing
City Secretary, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
Re: Proposed Legislation Creating Spectrum Management District
Dear Mr. Lorfing:
Enclosed is a copy of a proposed bill for the creation of Spectrum Management
District. Also enclosed is a Notice of Intent to Introduce this bill in the 80th Legislature
of Texas, 2007.
Sincerely,
r
Nancy Kwon
Enclosures
133720
NOTICE OF INTENTION TO INTRODUCE A BILL
IN THE LEGISLATURE OF TEXAS
Notice is hereby given of the intention to introduce in the Regular Session of the 80th
Legislature of Texas a bill creating and establishing a special district in the corporate
limits of the City of Pearland, Texas, under the provisions of Article 3, Section 52;
Article 16, Section 59; and Article 3, Section 52-a of the Constitution of Texas and
pursuant to the inherent power of the Legislature to create special governmental
agencies and districts, with powers including those given to municipal management
districts created pursuant to Chapter 375, Texas Local Government Code. The bill will
provide for the district's administration, powers, name, duties, operation, and
financing. The proposed boundaries of the district will include all or part of the
following land situated in Harris County, Texas, as follows:
Beginning at the intersection of the East boundary of the right of way of State Highway
288 and the Harris County line at Clear Creek;
Thence, West along the Harris County line following Clear Creek to the East boundary
of the right of way of Almeda School Road (County Road 48);
Thence, North along the East boundary of the right of way of Almeda School Road
(County Road 48) to the South boundary of the right of way of Beltway 8 (Sam Houston
Parkway);
Thence, East along the South boundary of the right of way of Beltway 8 (Sam Houston
Parkway) to the East boundary of the right of way of State Highway 288;
Thence, South along the East boundary of the right of way of State Highway 288 to the
point of beginning.
SAVE AND EXCEPT and land contained within the boundaries of the Pearland
Management District No. 1.
129107
1
By: . B. No.
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Spectrum Management District;
providing authority to levy an assessment, impose a tax, and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1 . SPECTRUM MANAGEMENT DISTRICT. Subtitle C,
Title 4, Special District Local Laws Code, is amended by adding
Chapter to read as follows :
CHAPTER . SPECTRUM MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. . 001 . DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Spectrum Management
District.
Sec. . 002 . SPECTRUM MANAGEMENT DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. . 003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes
of Sections 52 and 52-a, Article III, and Section 59, Article
XVI,. Texas Constitution, and other public purposes stated in
this chapter. By creating the district and in authorizing the
City of Pearland, Harris County, and other political
subdivisions to contract with the district, the legislature has
established a program to accomplish the public purposes set out
in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) This chapter and the creation of the district may not
be interpreted to relieve Harris County or the City of Pearland
from providing the level of services provided as of the
effective date of the Act enacting this chapter to the area in
the district. The district is created to supplement and not to
supplant the county or city services provided in the area in the
district.
Sec. . 004 . FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided
by the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution,
and other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare
of residents, employers, potential employees, employees,
visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality
of the district territory as a community and business center;
(3) promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which
are necessary for the restoration, preservation, and enhancement
of scenic beauty;
(4) provide for water, wastewater, and drainage needs
of the district; and
(5) provide for recreational facilities, sports
arenas and other athletic facilities.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. .005 . DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act
enacting this chapter, as that territory may have been modified
under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district
contained in Section 2 of the Act enacting this chapter form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not in any way affect the
district' s:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax;
or
(4) legality or operation.
Sec. . 006. ELIGIBILITY FOR INCLUSION IN SPECIAL
ZONES. All or any part of the area of the district is eligible
to be included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a -tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. . 007 . APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Subchapter B, Chapter 375 Local Government Code, Sections
375. 064 (f) , 375. 069, 375 . 070, 375 . 071, 375 . 113, and 375 . 114,
Local Government Code, do not apply to the district.
Sec. . 008 . LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections . 009- . 050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. . 051 . BOARD OF DIRECTORS; TERMS . (a) The
district is governed by a board of five voting directors who
serve staggered terms of four years, with two or three
directors ' terms expiring June 1 of each odd-numbered year.
Section 49. 052, Water Code, does not apply to district
directors . Section 49 . 060, Water Code, applies to the district.
(b) The board by resolution may change the number of
voting directors on the board, but only if the board determines
that the change is in the best interest of the district. The
board may not consist of fewer than five or more than 15: voting
directors.
Sec. . 052 . APPOINTMENT OF DIRECTORS . The mayor and
the governing body of the City of Pearland shall appoint voting
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. . 053 . NONVOTING DIRECTORS. The board may
appoint nonvoting directors to serve at the pleasure of the
voting directors.
Sec. . 054 . QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation
in a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. . 055 . INITIAL VOTING DIRECTORS. (a) The
initial board consists of the following voting directors:
Pos. No. Name of Director
1
2
3
4
5
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2009, and the
terms of directors appointed for positions 4 and 5 expire June
1, 2011.
(c) Section . 052 does not apply to this section.
(d) This section expires September 1, 2012 .
[Sections . 056- . 100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. . 101 . ADDITIONAL POWERS OF DISTRICT. The
district may exercise the powers given to:
(1) an economic development corporation under Section
4B, Development Corporation Act of .1979 (Article 5190 . 6,
Vernon' s Texas Civil Statutes) , including the power to own,
operate, acquire, construct, lease, improve, or maintain a
project described by that section;
(2) a housing finance corporation .under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a sports facilities district under Chapter 325,
Local Government Code, to provide for sports facilities .
Sec. . . 102 . NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation
to assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes
of this chapter to be a local government corporation created
under Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the.
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of
directors of a local government corporation created under
Chapter 431, Transportation Code, except that a board member is
not required to reside in the district.
Sec. . 103 . AGREEMENTS; GRANTS. (a) The district
may make an agreement with or accept a gift, grant, or loan from
any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. . 104 . AUTHORITY TO CONTRACT FOR LAW
ENFORCEMENT. To protect the public interest, the district may .
contract with a qualified party, including Harris County or the
City of Pearland,- to provide law enforcement services in the
district for a fee.
Sec. . 105 . MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501 (c) (3) ,
(4) , or (6) , Internal Revenue Code of 1986; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. . 106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one
or more programs to promote state or local economic development
and to stimulate business and commercial activity in the'
district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) For purposes of this section, the district has all of
the powers of a municipality under Chapter 380, Local Government
Code.
Sec. . 107 . NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections . 108- . 150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. . 151 . DISBURSEMENTS AND TRANSFERS OF MONEY.
The board by resolution shall establish the number of directors '
signatures and the procedure required for a disbursement or
transfer of the district' s money.
Sec. . 152 . MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or
maintain any improvement or service authorized under this
chapter or Chapter 375, Local Government Code, using any money
available to the district.
Sec. . 153 . PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not
finance a service or improvement project with assessments under.
this chapter unless a written petition requesting that service
or improvement has been filed with the board.
(b) A petition filed under Subsection (a) must be signed
by:
(1) the owners of a majority of the assessed value of
real property in the district subject to the proposed assessment
according to the most recent certified tax appraisal roll for
Harris County; or
(2) at least 50 persons who own real property in the
district, if more than 50 persons own real property in the
district as determined by the most recent certified tax
appraisal roll for Harris County.
Sec. . 154 . METHOD OF NOTICE FOR HEARING. The
district may mail the notice required by Section 375. 115 (c) ,
Local Government Code, by certified or first class United States
mail. The board shall determine the method of notice.
Sec. . 155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for
any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment
roll by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable
attorney' s fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other
than a lien or claim for county, school district, or municipal
ad valorem taxes; and
(3) are the personal liability . of and a charge
against the owners of the property even if the owners are not
named in the assessment proceedings .
(c) The lien is effective from the date of the board' s
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
(d) The board may make a correction to or deletion from
the assessment roll that does not increase the amount of
assessment of any parcel of land without providing notice and
holding a hearing in the manner required for additional '
assessments .
Sec. . 156. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section . 160, the
district may impose an annual ad valorem tax on all taxable.
property in the district for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate.
Sec. . 157 . UTILITY PROPERTY EXEMPT FROM IMPACT FEES
AND ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment, rights-of-
way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31 . 002, Utilities Code;
(2) a gas utility as defined by Section 101 . 003 or
121 . 001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51. 002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services .
Sec. .158 . BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations, by competitive
bid or negotiated sale, payable wholly or partly from ad valorem
taxes, assessments, sales taxes, impact fees, revenue, grants,
or other money of the district, or any combination of those
sources of money, to pay for any authorized purpose of the
district.
(b) The district may issue a bond or other obligation in
the form of a bond, note, certificate of participation or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation. The term of
a bond issued under this chapter may not exceed 40 years from
the date of issuance. In addition to such other terms and
conditions as may be authorized by the board by order or
resolution, the proceeds of the district' s bonds may be used for
credit- enhancement, capitalized interest and to establish a
reserve fund with respect to such bonds.
Sec. . 159. TAXES FOR BONDS AND OTHER OBLIGATIONS.
At the time bonds or other obligations payable wholly or partly
from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each
year that all or part of the bonds are outstanding; and
(2) the district annually shall impose the continuing
direct ad valorem tax on all taxable property in the district in
an amount sufficient to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes .
Sec. . 160 . TAX AND BOND ELECTIONS. (a) The
district shall hold an election in the manner provided by
Subchapter L, Chapter 375, Local Government Code, to obtain
voter approval before the district imposes an ad valorem tax or
issues bonds payable from ad valorem taxes.
(b) The Board may include more than one purpose in a
single proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district .
(d) The limitation on the outstanding principal amount of
bonds, notes, and other obligations set forth in Section
49. 4645, Water Code, does not apply to the district.
Sec. . 161 . MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375. 263, Local
Government Code, a municipality is not required to pay a bond,
note, or other. obligation of the district.
Sec. . 162 . BIDDING REQUIREMENTS. Section 375. 221,
Local Government Code, and Section 49. 173 (d) , (e) , (f) and (g) ,
Water Code, do not apply to the district.
Sec. . 163 . TAX AND ASSESSMENT ABATEMENTS. The
district may grant in the manner authorized by Chapter 312, Tax
Code, an abatement for a tax or assessment owed to the district.
[Sections . 164- . 200 reserved for expansion]
SUBCHAPTER E. SALES AND USE TAX
Sec. .201 . MEANINGS OF WORDS AND PHRASES . Words
and phrases used in this subchapter that are defined by Chapters
151 and 321, Tax Code, have the meanings assigned by Chapters
151 and 321, Tax Code.
Sec. . 202 . APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this
subchapter, Subtitles A and B, Title 2, Tax Code, and Chapter
151, Tax Code, apply to taxes imposed under this subchapter and
to the administration and enforcement of those taxes in the same
manner that those laws apply to state taxes .
(b) The provisions of Subchapters B, C, and D, Chapter
321, Tax Code, relating to municipal sales and use taxes apply
to the application, collection, change, and administration of a
sales and use tax imposed under this subchapter to the. extent
consistent with this chapter, as if references in Chapter 321,
Tax Code, to a municipality referred to the district and
references to a governing body referred to the board.
(c) Sections 321 . 401-321 . 406 and 321 . 506-321 . 508, Tax
Code, do not apply to a tax imposed under this subchapter.
Sec. . 203. AUTHORIZATION; ELECTION. (a) The
district may adopt a sales and use tax to serve the purposes of
the district at an election in which a majority of the voters of
the district voting in the election approve the adoption of the
tax.
(b) The board by order may call an election to adopt a
sales and use tax. The election may be held with any other
district election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
. 160
(d) The ballots shall be printed to provide for voting
for or against the proposition: "Adoption of a sales and use
tax in the Spectrum Management District at a rate not to exceed
[ ] percent. "
Sec. . 204 . ABOLISHING SALES AND USE TAX. (a)
Except as provided in Subsection (b) , the board, with the
consent of the governing body of the City of Pearland, may
abolish the sales and use tax without an election.
(b) The board may not abolish the sales and use tax if
the district has outstanding debt secured by the tax.
Sec. . 205 . SALES AND USE TAX RATE. (a) On
adoption of the tax authorized by this subchapter, there is
imposed a tax on the receipts from the sale at retail of taxable
items within the district and an excise tax on the use, storage,
or other consumption within the district of taxable items
purchased, leased, or rented from a retailer within the district
during the period that the tax is in effect.
a
(b) The board shall determine the rate of the tax, which
may be in one-eighth of one percent increments not to exceed the
maximum rate authorized by the voters of the district. The rate
may not exceed the rate approved at the election. The board may
lower the rate of the tax to the extent it does not impair any
outstanding debt or obligations payable form the tax.
(c) The rate of the excise tax is the same as the rate
of the sales tax portion of the tax and is applied to the sales
price of the taxable item.
[Sections . 206- . 250 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. . 251. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375 . 264, Local
Government Code, does not apply to the district.
(b) If the district has debt when it is dissolved,• the
district shall remain in existence solely for the purpose of
discharging its debts . The dissolution is effective when all
debts have been discharged.
[Sections . 252- . 300 reserved for expansion]
SECTION 2 . BOUNDARIES. As of the effective date of this
Act, the includes all territory contained in
the following described area:
d
Beginning at the intersection of the East boundary of the
right of way of State Highway 288 and the Harris County line at
Clear Creek;
Thence, West along the Harris County line following Clear
Creek to the East boundary of the right of way of Almeda School
Road (County Road 48) ;
Thence, North along the East boundary of the right of way
of Almeda School Road (County Road 48) to the South boundary of
the right of way of Beltway 8 (Sam Houston Parkway) ;
Thence, East along the South boundary of the right of way
of Beltway 8 (Sam Houston Parkway) to the East boundary of the
right of way of State Highway 288;
Thence, South along the East boundary of the right of way
of State Highway 288 to the point of beginning.
SAVE AND EXCEPT any land contained within the boundaries of
the Pearland Municipal Management District No. 1.
SECTION 3 . LEGISLATIVE FINDINGS. The legislature finds
that:
(1) proper and 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 by the constitution and laws of this state, including
d
the governor, who has submitted the notice and Act to the Texas
Commission on Environmental Quality;
(2) 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;
(3) 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; and
(4) 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 . EFFECTIVE DATE. 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, 2007 .
AFFIDAVIT OF PUBLICATION
The Pearland Reporter:News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for / issues, as follows:
No. / Date �/�• / 7
� 20 07
No. Date 20
No. Date 20
No. Date 20
No. Date 20.
CFO
Subscribe and sworn to before me this �g day
,,.c :.,. •: ..,. is+;..-. fi, =•.:'.•.,
:: .,.••.• of
" 20 LAUP�A ANN E�iPflONS
Notary Public,State of Texas
• � J +� fuly Commission Expires 09.09.2010
•
Laura Ann Emmons, Publisher
Notary Public, State of Texas
•
Published Jan.17,2007
—NOTICE_OF__INTENTION ! _
TO INTRODUCE A BILL IN
THE LEGISLATURE OF
TEXAS
f Notice is hereby given of the
i intention to introduce in the
Regular Session of the 80th '
Legislature ofsexas a_hill
creating and.establishing.a ",
special district in the corpo- I
rate limits of the'City of
� Pearland,Texas, under the
provisions of Article 3,
j Section 52; Article" 16,
' Section 59; and'Article 3,
Section 52-a of the I
Constitution of Texas and
i.•pursuant to the inherent,
€ power of the Legislature to
create•special governmental I
agencies and districts,with
l powers including those
given'to municipal manage-
ment districts created pur-
j suaneto Chapter 375,Texas
{ Local' Government Code.
The bill will provide for the
district's . administration,
powers,name,duties,oper-f
ation,'and financing. The ,
proposed boundaries of the;
district will include all or part
of the following land situated
in Harris County,Texas,as
follows:
Beginning at the intersection'
of the East boundary of the
right .of way'of State
{ Highway 288 and the Harris,
County line at Clear Creek;
j Thence, West along the
Harris County line following
Clear Creek,to the East
boundary of the right of way
of Almeda•School; Road•
(County Road 48);
Thence, North along the
East boundary of the right of
way of Almeda School Road
'(County Road 48)''to the
South boundary of the right
of way of Beltway 8 (Sam
Houston Parkway); '
Thence, East along the
South boundary of the right
of way'of Beltway 8 (Sam
Houston Parkway) to the
i East boundary of the right of
•
way of State Highway 288;
Thence, South along the
East boundary of the right of
way of State Highway 288 to I
the point of beginning. I
- -SAVE AND-EXCEPT and
land contained within the ;
boundaries of the Pearland
Management District No.1.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581 •
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria,' Harris
and Galveston Counties, for / issues, as follows:
No. / Date Tig. / 7 ' 20 7
No. Date • - 20
No. Date 20
No. Date 20
No. Date 5 20.
CFO
Subscribe and sworn to before me this /8 ' dayaid.
of
''. °"fig LAURA ANN EMMONS
Notary Public,Slate ot Texas 0,
es 09.09.2010
�+��My Commission Exp'
4" ire col
Laura Ann Emmons, Publisher
Notary Public, State of Texas
NOTICE OF INTENTION
i TO INTRODUCE A BILL IN
( THE LEGISLATURE OF;
TEXAS— --- -
f
Notice is hereby given of the!
intention to introduce in the
Regular Session of,the 80th
F. Legislature of_Texas a bilri
creating-and''e"stablish!ng a
! special district in the corpo-
rate limits of the City of
Pearland,Texas, under the
I. provisions of Article 3,
Section, 52; Article 16,1
Section 59; and Article 3,
; Section 52-a of the
' Constitution of Texas and
pursuant to the inherent
power'of the Legislature to
create'special governmental
agencies and districts,with I
powers including those
given to municipal manage-
ment districts created pur-
suant to Chapter 375,Texas i
Local Government Code.
The bill will provide for the
district's administration,
powers,name,duties,oiler-
ation, and financing. The
proposed boundaries of the
district will include all or part ;
of the following land situated .;
in Harris County,Texas,as ;
follows:
' Beginning at the intersection
of the East boundary of the
right' of way of State
Highway 288 and the Harris
County:line at Clear Creek;
Thence, West along the
I Harris County line following
Clear Creek to the East
boundary of the right of way
of Almeda School Road
(County Road 48); -
Thence, North along the
! East boundary of the right of
way of Almeda School Road
(County Road 48) to the
South boundary of the right
of way of Beltway,8 (Sam
Houston,Parkway);
Thence, East along the 1
South boundary of'the right
of way of Beltway'8 (Sam
Houston'Parkway) to the
East boundary of the right of
' way of State Highway 288;
Thence, South eking-the 1
East boundary of the right of
way of State Highway 288 to
tl the point of beginning.:
SAVE AND EXCEPT and
l
land contained within the!
boundaries of the Peariand+'
Management District No.1.t
0