Sec. 3853.105. APPROVAL BY CITY OF DICKINSON. (a) Except as provided by Subsection (c), the district must obtain the approval of the City of Dickinson's governing body for:

(1) the issuance of a bond for each improvement project;

(2) the imposition of a sales and use tax;

(3) the plans and specifications of the improvement project financed by the bond; and

(4) the plans and specifications of any district improvement project related to the use of land owned by the City of Dickinson, an easement granted by the City of Dickinson, or a right-of-way of a street, road, or highway.

(b) The approval obtained for the issuance of bonds or the imposition of a sales and use tax must be a resolution by the City of Dickinson. The approval obtained for plans and specifications must be a permit issued by the City of Dickinson.

(c) If the district obtains the approval of the City of Dickinson's governing body of a capital improvements budget for a period not to exceed five years, the district may finance the capital improvements and issue bonds specified in the budget without further approval from the City of Dickinson.

(d) The City of Dickinson and the district may agree on conditions for obtaining the approval of the city under this section, including an agreement for the approval of a sales and use tax that requires the district to abolish or decrease the rate of the tax if the rate, when combined with other local sales and use taxes, results in a combined tax rate of more than two percent in any location in the district.

Added by Acts 2005, 79th Leg., Ch. 458 (S.B. 1866), Sec. 1, eff. June 17, 2005.