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<br />Eldridge, Robin <br /> <br />From: <br />Sent: <br />To: <br />Cc: <br />Subject: <br /> <br />Osborne, Stacey <br />Friday, August 13, 201010:16 AM <br />Eldridge, Robin <br />CSO - Staff <br />FW: Discuss Sector 23- (development behind Kroger <br /> <br />Robin, <br /> <br />This is the second emaill need to include in the August 23 48 meeting agenda packet. <br /> <br />Let me know if you have any questions. <br /> <br />Thanks, <br />Stacey <br /> <br />Stacey F. Osborne <br />Economic Development Coordinator <br />City of La Porte <br /> <br />From: Clark T. Askins [mailto:ctaskins@swbell.net] <br />Sent: Friday, August 13, 2010 9:44 AM <br />To: Osborne, Stacey <br />Subject: Fw: Discuss Sector 23- (development behind Kroger <br /> <br />Below is opinion you requested for 8-23-10 Type B meeting. <br /> <br />Clark <br /> <br />----- Original Message ----- <br />From: Clark T. Askins <br />To: Knox W. Askins <br />Cc: Joems, John <br />Sent: Friday, July 23,2010 10:43 AM <br />Subject: Re: Discuss Sector 23- (development behind Kroger <br /> <br />Knox: <br /> <br />My opinion is that the Type B board can fund water and sewer mains in existing rights-of-way. Sec. 505.151 authorizes a <br />Type B Board to initiate projects falling under the definition of "project" in Chapter 501 of the LGC. Section 501.103 says <br />"in this subtitle (which would encompass Chapter 505, governing Type B boards) "project.. includes expenditures that are <br />found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or <br />expanded business enterprises, limited to ... streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas <br />utilities, drainage, site improvements, and related improvements..... (emphasis added). Several AG opinions support the <br />use of Development Corporation funds to build streets, so long as the board of directors makes a factual determination <br />that the infrastructure development "promotes or develops new or expanded business enterprises". Closest on point is <br />Opinion LO-95-072, which concerned the development of sanitary sewer lines in an existing residential subdivision. While <br />the AG expressed doubt that the installation of the sewer line in a residential development had a nexus with "new or <br />expanded enterprises", it found that it couldn't exclude the possibility as matter of law. I don't believe the fact that the <br />proposed sewer main was in an existing development was an issue;the question centered around the fact that it serviced <br />a residential development. Appears that an infrastructure project will satisfy the defintion of project even if within existing <br />street, so long as it can shown to have a direct impact on development of new or expanded business enterprises. <br /> <br />1 <br />