R2009-023 - 2009-02-09RESOLUTION NO. R2009-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS SUPPORTING AND CONSENTING TO THE CREATION OF A
COUNTRY PLACE MANAGEMENT DISTRICT.
WHEREAS, the City Council of the City of Pearland ("City") wishes to express its
support for and consent to the creation of the Country Place Management District
("MMD"), which will be created by special legislation in the 2009 regular session of the
Texas Legislature; and
WHEREAS, the City desires the creation of this MMD over the area now
encompassed by Brazoria County Municipal Utility District No. 4;
WHEREAS, the City believes that the creation of the MMD is consistent with the
City's goal to establish an economic climate that encourages sustainable growth and
improves citizen quality of life; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The facts recited in the preamble of this Resolution are hereby found
and declared to be true and correct.
Section 2. The City hereby consents to the creation of the MMD and expresses
its support for the creation of the MMD by the Texas Legislature.
Section 3. The City Council, the Mayor, the City Secretary, the City Attorney and
other officers of the City are hereby authorized and directed to do any and all things
necessary or desirable to carry out the provisions of this Resolution and assist in the
enactment by the State Legislature of the MMD.
RESOLUTION NO. R2009-23
Section 4. This Resolution shall take effect immediately upon its passage.
PASSED, APPROVED and ADOPTED this 9th day of February, A.D., 2009.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
2
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ALLEN BOONE HUMPHRIES ROBINSON LLP
ATTORNEYS A'f .LAW
PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON,TEXAS 77027
TEL(7L3)860.6400
FAX(713)860-6401
abhccorn.
•
Direct Line: (713)860-6412 Timothy Austin
Direct Fax: (713)860-6612 taustin@ablu.com Partner
January 28,2009
Via Electronic Mail(beisen@ci.pearlatui.tx.us)
Mr.Bill Eisen
City of Pearland
3519 Liberty Drive
Pearland,TX 77581
Re: Country Place Management District("MMD")
Dear Bill:
Thank you again for having lunch with us last week and for your support of the MIMID.
As we discussed, I enclose a summary of the legislation 'and a proposed resolution for
consideration by City Council. You also asked that I include a review of the following specific
questions our Board members raised at our meeting:
1. The SPA provides that, upon annexation, any funds remaining in MUD4 will be
spent on MUD projects as determined by a "liaison committee." Would the City
instead transfer the funds to the MMD for use on district projects? •
2. We talked about the City's maintenance of common areas such as the mowing
around the top of the MUD4/5 detention pond and the newly enhanced area along •
Pearland Parkway, and the Board requested information on schedules, standards •
and the like.
Please let me know if there is anything else you need from us regarding Council's
consideration of the MMD. If you would please let me know the date it will be on the agenda (I
think we discussed February 9),I will ask some Board members to be there to answer questions
and address any City concerns. Again, thanks so much for your assistance on this- we look
•
forward to continuing to work with you and the City for the good of our residents.
•
Sincerely, •
Timothy Austin
Enclosure
•
�2 34
•
SUMMARY OF LEGISLATION TO CREATE
COUNTRY PLACE MANAGEMENT DISTRICT
District name:
Country Place Management District[Sec.1]
District territory:
Same as Brazoria MUD 4 [Sec.1,Subch.A,Sec. .00511
Purposes and source: [Sec.1,Subch.A,Secs. .002,_ .003,_.004]
Section 59,Article XVI and Sections 52 and 52-a,Article III,Texas Constitution
Except as set forth in the legislation, Chapter 375 of the Local Government Code
applies to the MMD [Sec.1,Subch.A, .007]
Promote, develop, encourage and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts, entertainment, economic
development,safety,public welfare
Specifically including but not limited to:
Ownership, operation and maintenance of public recreational facilities
including parks, trails, greenspace, golf and other sporting facilities that
benefit the District
Providing pedestrian ways
Landscaping and developing certain areas in the District
Funding for . public improvements including drainage facilities,
beautification projects,identification and directional signage
Water, wastewater, drainage, water re-use, solid waste collection and
recycling
Street lighting,street landscaping, parking,street art objects
Supplements,not supplants,city and county services
Board of Directors: [Sec.1,Subch.B]
Five directors serving staggered four-year terms expiring in May of even years;
elections will be pursuant to Chapter 54 of the Water Code; two terms expire in
2010 and the other three in 2012
Directors may also serve as directors of MUD 4, but may not receive per diems
from the MMD while doing so
Initial directors are current MUD 4 directors: jack Banowsky, Charles Mills,
Hugh Pylant,Terry Gray,Paul West
Statutory references,such as section numbers within the Special District Local Laws Code, will be assigned by
Legislative Counsel when the legislation is filed. Until then, we are leaving the chapter and section references
partially blank.
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Additional powers: [Sec. 1, Subch. A, Sec. _.006; Sec. 1, Subch. C, Secs. _.101-
�.104;Sec.1,Subch.C,Sec. .106]
MMD may be included in a TIRZ,tax abatement reinvestment zone or enterprise
zone
MMD may exercise powers of an economic-development corporation and/or a
housing finance corporation
MMD may authorize the creation of a nonprofit corporation to assist and/or act
for it in its projects and services
MMD may apply for and receive grants,loans and gifts
MMD may contract to provide law enforcement services
MMD may join and pay dues to a charitable organization
Eminent domain: [Sec.1,Subch.C,Sec._..107]
MMD does not have the power of eminent domain
Assessments: [Sec.1,Subch.D,Secs. .152-_.154]
Assessments are allowed for commercial area,but are not anticipated to be used
Ad valorem taxes: [Sec.1,Subch.D,Sec .155,Sec._.159,Sec. .162]
Taxes must be authorized at an election and may be used for any purposes of the
MMD
Elections will be held in compliance with Chapter 49,Water Code
MMD may grant abatement for tax or assessment, using the same legal process
as the City
•
Bonds and City approval:' [Sec. 1, Subch. C, Sec. .105, Sec. 1, Subch. D, Secs.
_.157- .160] -'
Bonds may be issued if authorized by MMD voters, but are not anticipated to be
used
MMD must obtain City approval to issue bonds
Bond approval must be by resolution and City must issue permits for specific
projects,based on review of plans and specs
City may approval capital improvements budget for up to five years, and MMD
may issues bonds for those projects without further City approval
City is not required to pay any MMD obligation
Bond elections will be held in compliance with Chapter 49, Water Code
•
Competitive bidding: [Sec.1,Subch. D,Sec. .161]
MMD must comply with the same bidding requirements as MUD 4 (Chapter 49,
Water Code)
2
Usage fees: [Sec.1,Subch. D,Sec. .163]
Board may set, charge, impose and collect fees, charges or tolls for the use of
MMD facilities
Dissolution: [Sec.1,Subch.E,Sec. .201]2
Board may dissolve the MMD regardless of debt
If debt remains at the time of dissolution, MMD remains in existence solely for
the purpose of discharging its debts and dissolution is effective when all debts
have been discharged
Effective date: [Sec.41
Immediately if bill receives a vote of 2/3 of all members elected to each house;
otherwise,September 1,2009
2 The MMD may also be dissolved by the City,as provided in Chapter 375,Local Government Code.
3
By: .B. No.
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the creation of the Country Place Management
3 District; providing authority to levy an assessment, impose
4 taxes, issue bonds and charge usage fees.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. COUNTRY PLACE MANAGEMENT DISTRICT. Subtitle
7 C, Title 4, Special District Local Laws Code, is amended by
8 adding Chapter to read as follows:
9 CHAPTER . COUNTRY PLACE MANAGEMENT DISTRICT
10 SUBCHAPTER A. GENERAL PROVISIONS
11 Sec. .001. DEFINITIONS. In this chapter:
12 (1) "Board" means the board of directors of the
13 District.
14 (2) "District" means the Country Place Management
15 District.
16 Sec. .002 . COUNTRY PLACE MANAGEMENT DISTRICT. The
17 Country Place Management District is a special district created
18 under Section 59, Article XVI, Texas Constitution.
19 Sec. .003. PURPOSE; DECLARATION OF INTENT. (a) The
20 creation of the District is essential to accomplish the purposes
21 of Sections 52 and 52-a, Article III, and Section 59, Article
22 XVI, Texas Constitution, and other public purposes stated in
23 this Act.
24 (b) The creation of the District is necessary to promote,
25 develop, encourage, and maintain employment, commerce,
26 transportation, housing, tourism, recreation, the arts,
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1 entertainment, economic development, safety, and the public
2 welfare in the area of the District.
3 (c) This chapter and the creation of the District may not
4 be interpreted to relieve Brazoria County or the City of
5 Pearland from providing the level of services provided to
6 similar areas within the city or the county to the area in the
7 District. The District is created to supplement and not to
8 supplant the county or city services provided in the area in the
9 District.
10 (d) By creating the District and in authorizing the City
11 of Pearland, Brazoria County, and other political subdivisions
12 to contract with the District, the legislature has established a
13 program to accomplish the public purposes set out in Section 52-
14 a, Article III, Texas Constitution.
15 Sec. .004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
16 (a) The District is created to serve a public use and benefit.
17 (b) All land and other property included in the District
18 will benefit from the improvements and services to be provided
19 by the District under powers conferred by Sections 52 and 52-a,
20 Article III, and Section 59, Article XVI, Texas Constitution,
21 and other powers granted under this chapter.
22 (c) The creation of the District is in the public
23 interest and is essential to:.
24 (1) further the public purposes of development and
25 diversification of the economy of the state; and
26 (2) eliminate unemployment and underemployment; and
27 (3) develop or expand transportation and commerce.
28 (d) The District will:
29 (1) promote the health, safety, and general welfare
30 of residents, employers, potential employees, employees,
31 visitors, and consumers in the District and of the public;
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1 (2) provide needed funding for the District to
2 preserve, maintain, and enhance the economic health and vitality
3 of the District territory as a community and business center,
4 including funding for the ownership, operation and maintenance
5 of public recreational facilities including parks, trails,
6 greenspace, golf and other sporting facilities that benefit the
7 district;
8 (3) promote the health, safety, welfare, and
9 enjoyment of the public by providing pedestrian ways and by
10 landscaping and developing certain areas in the District, which
11 are necessary for the restoration, preservation, and enhancement
12 of scenic beauty;
13 (4) provide funding for public improvements,
14 including drainage facilities, beautification projects, and
15 identification and directional signage;
16 (5) provide for water, wastewater, drainage, water
17 re-use, solid waste collection and recycling; and
18 (6) provide street and road improvements.
19 (e) Pedestrian ways along or across a street, whether at
20 grade or above or below the surface, and street lighting, street •
21 landscaping, parking, and street art objects are parts of and
22 necessary components of a street and are considered to be a
23 street or road improvement.
24 (f) The District will not act as the agent or
25 instrumentality of any private interest even though the District
26 will benefit many private interests as well as the public.
27 Sec. .005. DISTRICT TERRITORY. (a) The District is
28 composed of - the territory contained within the boundaries of
29 Brazoria County Municipal Utility District No. 4 .
30 Sec. .006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
31 All or any part of the area of the District is eligible,
32 notwithstanding other statutory criteria, to be included in:
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1 (1) a tax increment reinvestment zone created by a
2 municipality under Chapter 311, Tax Code;
3 (2) a tax abatement reinvestment zone created by a
4 municipality under Chapter 312, Tax Code; or
5 (3) an enterprise zone created by a municipality
6 under Chapter 2303, Government Code.
7 Sec. .007 . APPLICABILITY OF MUNICIPAL MANAGEMENT
8 DISTRICTS LAW. Except to the extent inconsistent with this
9 chapter, Chapter 375, Local Government Code, applies to the .
10 District.
11 Sec. .008 . LIBERAL CONSTRUCTION OF CHAPTER. This
12 chapter shall be liberally construed in conformity with the
13 findings and purposes stated in this chapter.
14 [Sections . 009- . 050 reserved for expansion]
15 SUBCHAPTER B. BOARD OF DIRECTORS
16 Sec. .051 . BOARD OF DIRECTORS; TERMS. (a) The
17 District is governed by a board of five voting directors who
18 serve staggered terms of four years, with two or three
19 directors' terms expiring in May of even-numbered years on the
20 uniform election date established in the Election Code.
21 (b) Sections 49. 052 and 49. 060 apply to the District and
22 its directors.
23 (c) Directors may also serve as directors of Brazoria
24 County Municipal Utility District No. 4, so long as such
25 directors forego remuneration from the district while serving in
26 both positions.
27 Sec. .052 . ELECTION OF DIRECTORS. Other than the
28 initial board of directors, directors shall be elected in the
29 manner provided by Subchapter D of Chapter 54 of the Water Code.
30 Sec. .053. QUORUM. For the. purposes of determining
31 the requirements for a quorum of the board, the following are
32 not counted:
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1 (1) a board position vacant for any reason,
2 including death, resignation, or disqualification; or
3 (2) a director who is abstaining from participation
4 in a vote because of a conflict of interest.
5 Sec. .054. INITIAL DIRECTORS. (a) The initial board
6 consists of the following directors:
7 Pos. No. Name of Director
8 1 Jack Banowsky
9 2 Charles A. Mills
10 3 Hugh S. Pylant
11 4 Terry Gray
12 5 Paul West
13 (b) Of the initial voting directors, the terms of
14 directors appointed for positions 1 and 2 expire 2010, and
15 directors appointed for_ positions 4, 5, and 6 expire 2012 .
16 (d) This section expires September 1, 2012.
17 [Sections .056- . 100 reserved for expansion]
18 SUBCHAPTER C. POWERS AND DUTIES
19 Sec. .101 . ADDITIONAL POWERS OF DISTRICT. The
20 District may exercise the powers given to:
21 (1) a economic development corporation under
22 Section 4B, Development Corporation Act of 1979 (Article 5190 . 6,
23 Vernon' s Texas Civil Statutes) , including the power to own,
24 operate, acquire, construct, lease, improve, or maintain
25 projects described by that section; and
26 (2) a housing finance corporation under Chapter
27 394, Local Government Code, to provide housing or residential
28 development projects in the District.
29 Sec. .102 . NONPROFIT CORPORATION. (a) The board by
30 resolution may authorize the creation of a nonprofit corporation
31 to assist and act for the District in implementing a project or
32 providing a service authorized by this chapter.
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1 (b) The nonprofit corporation:
2 (1) has each power of and is considered for
3 purposes of this chapter to be a local government corporation
4 created under Chapter 431, Transportation Code; and
5 (2) may implement any project and provide any
6 service authorized by this chapter.
7 (c) The board shall appoint the board of directors of the
8 nonprofit corporation. The board of directors of the nonprofit
9 corporation shall serve in the same manner as the board of
10 directors of a local government corporation created under
11 Chapter 431, Transportation Code; provided that they need not
12 live in the District.
13 Sec. .103. AGREEMENTS; GRANTS. (a) The District may
14 apply for, make an agreement for, receive or accept a gift,
15 grant, or loan from any person.
16 (b) The implementation of a project is a governmental
17 function or service for the purposes of Chapter 791, Government
18 Code.
19 Sec. .104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
20 To protect the public interest, the District may contract with a
21 qualified party, including Brazoria County or the City of
22 Pearland to provide law enforcement services in the District for
23 a fee.
24 Sec. .105. APPROVAL BY CITY OF PEARLAND. (a) Except
25 as provided by Subsection (b) , the District must obtain the
26 approval of the City of Pearland' s governing body for the
27 issuance of bonds for each improvement project.
28 (b) The approval obtained for the issuance of bonds under
29 Subsection (a) must be a resolution by the City of Pearland.
30 The approval obtained for plans and specifications must be a
31 permit issued by the City of Pearland.
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1 (c) If the District obtains approval from the governing
2 body of the City of Pearland for a capital improvements budget
3 for a period not to exceed five years, the District may finance
4 the capital improvements and issue bonds specified in the budget
5 without further approval from the City of Pearland.
6 Sec. . 106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
7 The District may join and pay dues to an organization that:
8 (1) enjoys tax-exempt status under Section
9 501 (c) (3) , (4) , or (6) , Internal Revenue Code of 1986; and
10 (2) performs 'a service or provides an activity
11 consistent with the furtherance of a District purpose.
12 Sec. .107. NO EMINENT DOMAIN. The District may not
13 exercise the power of eminent domain.
14 [Sections . 108- .150 reserved for expansion]
15 SUBCHAPTER D. FINANCIAL PROVISIONS
16 Sec. .151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
17 board by resolution shall establish the number of directors'
18 signatures and the procedure required for a disbursement or
19 transfer of the District's money.
20 Sec. .152 . PETITION REQUIRED FOR FINANCING SERVICES
21 AND IMPROVEMENTS WITH ASSESSMENTS. (a) The District may
22 acquire, construct, finance, operate and maintain any
23 improvement or service authorized pursuant to this Act or
24 Chapter 375, Local Government Code, using all funds available to
25 the District. The board may not finance a service or
26 improvement project with assessments under this chapter unless a
27 written petition requesting that service or improvement has been
28 filed with the board.
29 (b) A petition filed under Subsection (a) must be signed
30 by:
31 (1) the owners of a majority of the assessed value
32 of real property in the District subject to assessment as
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1 determined by the most recent certified tax appraisal roll for
2 Brazoria County; or
3 (2) at least 50 persons who own real property in
4 the District subject to assessment, if more than 50 persons own
5 real property in the District subject to assessment as
6 determined by the most recent certified tax appraisal roll for
7 Brazoria County.
8 Sec. .153. METHOD OF NOTICE FOR HEARING. The District
9 may mail the notice required by Section 375.115 (c) , Local
10 Government Code, by first class United States mail or an
11 equivalent service that can provide a record of mailing or other
12 delivery.
13 Sec. .154 . ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
14 The board by resolution may impose and collect an assessment in
15 all or part of the District for any purpose authorized by this
16 chapter.
17 (b) An assessment, reassessment, or an assessment
18 resulting from an addition to or correction of the assessment
19 roll by the District, penalties and interest on an assessment or
20 reassessment, an expense of collection, and reasonable
21 attorney's fees incurred by the District:
22 (1) are a first and prior lien against the property
23 assessed;
24 (2) are superior to any other lien or claim other
25 than a lien or claim for county, school district, or municipal
26 ad valorem taxes; and
27 (3) are the personal liability of and a charge
28 against the owners of the property, even if the owners are not
29 named in the assessment proceedings.
30 (c) The lien is effective from the date of the board' s
31 resolution imposing the assessment until the date the assessment
32 is paid. The board may enforce the lien in the same manner that
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1 the board may enforce an ad valorem tax lien against real
2 property.
3 (d) The board may make a correction to or a deletion from
4 the assessment roll that does not increase the amount of
5 assessment of any parcel of land without providing notice and
6 holding a hearing in the manner required for additional
7 assessments.
8 Sec. .155. AD VALOREM TAX. (a) If authorized at an
9 election held in accordance with Section . 159, the District
10 may impose an annual ad valorem tax on all taxable property in
11 the District for any purpose, including to:
12 (1) maintain and operate the District;
13 (2) construct or acquire improvements; or
14 (3) provide a service.
15 (b) The board shall determine the tax rate.
16 Sec. .156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES
17 AND ASSESSMENTS. The District may not impose an impact fee or
18 assessment on the property, including the equipment, rights of
19 way, facilities, or improvements of:
20 (1) an electric utility or a power generation
21 company as defined by Section 31. 002, Utilities Code;
22 (2) a gas utility as defined by Section 101.003 or
23 121. 001, Utilities Code;
24 (3) a telecommunications provider as defined by
25 Section 51 . 002, Utilities Code; or
26 (4) a person who provides to the public cable
27 television or advanced telecommunications services.
28 Sec. .157 . BONDS AND OTHER OBLIGATIONS. (a) The
29 District may issue bonds or other obligations, by competitive
30 bid or negotiated sale, payable wholly or partly from ad valorem
31 taxes, assessments, impact fees, revenue, grants, or other money
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1 of the District, or any combination of those sources of money,
2 to pay for any authorized purpose of the District.
3 (b) In exercising the District' s power to borrow, the
4 District may issue a• bond or other obligation in the form of a
5 bond, note, certificate of participation or other instrument
6 evidencing a proportionate interest in payments to be made by
7 the District, or other type of obligation.
8 (c) In addition to such other terms and conditions as may
9 be authorized by the board by bond order or resolution, the
10 proceeds of the District' s bonds may be used for credit
11 enhancement, capitalized interest and to establish a reserve
12 fund with respect to such bonds.
13 Sec. .158 . TAXES FOR BONDS AND OTHER OBLIGATIONS. At
14 the time bonds or other obligations payable wholly or partly
15 from ad valorem taxes are issued:
16 (1) the board shall impose a continuing direct
17 annual ad valorem tax, without limit as to rate or amount, for
18 each year while all or part of the bonds are outstanding; and
19 (2) the District annually shall impose an ad
20 valorem tax on all taxable property in the District in an amount
21 sufficient to:
22 (A) pay the interest on the bonds or other
23 obligations as the interest becomes due;
24 (B) create a sinking fund for the payment of
25 the principal of the bonds or other obligations when due or the
26 redemption price at any earlier required redemption date; and
27 (C) pay the expenses of imposing the taxes.
28 Sec. .159. TAX AND BOND ELECTIONS. (a) The District
29 shall hold an election in the manner provided by Chapter 49,
30 Water Code, to obtain voter approval before the District imposes
31 an ad valorem tax or issues bonds payable from ad valorem taxes.
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1 (b) Section 375.243, Local Government Code, does not
2 apply to the District.
3 Sec. .160. CITY NOT REQUIRED TO PAY DISTRICT
4 OBLIGATIONS. Except as provided by Section 375 . 263, Local
5 Government Code, the City of Pearland is not required to pay a
6 bond, note, or other obligation of the District.
7 Sec. .161 . COMPETITIVE BIDDING. Competitive bidding
8 by the district shall be governed by Chapter 49 of the Water
9 Code.
10 Sec. .162. TAX AND ASSESSMENT ABATEMENTS. The
11 District may grant, in the manner authorized by Chapter 312, Tax
12 Code, an abatement for a tax or assessment owed to the District.
13 Sec. .163. USAGE FEES. The board of directors may
14 set, charge, impose, and collect fees, charges, or tolls for the
15 use of any District facilities. [Sections . 164 - .200
16 reserved for expansion]
17 SUBCHAPTER E. DISSOLUTION
18 Sec. .201 . DISSOLUTION OF DISTRICT WITH OUTSTANDING
19 DEBT. (a) The board may dissolve the District regardless of
20 whether the District has debt. Section 375.264, Local
21 Government Code, does not apply to the District.
22 (b) If the District has debt when it is dissolved, the
23 District shall remain in existence solely for the purpose of
24 discharging its debts. The dissolution is effective when all
25 debts have been discharged.
26 SECTION 2. LEGISLATIVE FINDINGS. The legislature finds
27 that:
. 28 (1) proper and legal notice of the intention to
29 introduce this Act, setting forth the general substance of this
30 Act, has been published as provided by law, and the notice and a
31 copy of this Act have been furnished to all persons, agencies,
32 officials, or entities to which they are required to be
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1 furnished by the constitution and laws of this state, including
2 the governor, who has submitted the notice and Act to the Texas
3 Commission on Environmental Quality;
4 (2) the Texas Commission on Environmental Quality
5 has filed its recommendations relating to this Act with the
6 governor, lieutenant' governor, and speaker of the house of
7 representatives within the required time;
8 (3) the general law relating to consent by
9 political subdivisions to the creation of districts with
10 conservation, reclamation, and road powers and the inclusion of
11 land in those districts has been complied with; and
12 (4) all requirements of the constitution and laws
13 of this state and the rules and procedures of the legislature
14 with respect to the notice, introduction, and passage of this
15 Act have been fulfilled and accomplished.
16 SECTION 4. EFFECTIVE DATE. This Act takes effect
17 immediately if it receives a vote of two-thirds of all the
18 members elected to each house, as provided by Section 39,
19 Article III, Texas Constitution. If this Act does not receive
20 the vote necessary for immediate effect, this Act takes effect
21 September 1, 2009.
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