08-23-10 Special Called Regular Meeting of the La Porte Development Corporation Board of Directors

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REQUEST FOR LA PORTE ECONOMIC DEVELOPMENT CORPORATION AGENDA ITEM Agenda Date Requested: 10/4/10 Requested By: Stacey Osborne Department: CMO Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: Exhibits: SUMMARY & RECOMMENDATION The La Porte Economic Development Corporation Board of Directors (EDC Board) recently approved two projects: the paving of the road for the Sector 23 Light Industrial Park and the construction of additional bulkheads at the Bay Forest Golf Course. The purpose of this agenda item is to alert the Board of the procedures for putting those projects into place, and to determine a time for the necessary public hearing. Sections 505.159 and 505.160 of the Texas Local Government Code establish procedures for initiation of a project by a Type B Board. In essence, the EDC must publish notice of a public hearing for the consideration of a project in the local newspaper. After the conclusion ofthe public hearing, the EDC would be in a position to have an up or down vote on the proposed project. If approved, the project cannot be undertaken until the 60 day period following the publication date of the notice of public hearing. If during this 60 day period at least 10 percent of the registered voters file a petition requesting a public election on the proposed project, the project must be put on hold and submitted to the voters for approval. Following are the sections ofthe Texas Local Government Code that establish these procedures: Sec. 505.159. HEARING REQUIRED TO UNDERTAKE PROJECT. (a) Except as provided by Subsection (b), a Type B corporation shall hold at least one public hearing on a proposed project before spending money to undertake the project. (b) A Type B corporation the creation of which was authorized by a municipality with a population ofIess than 20,000 is not required to hold a public hearing under this section if the proposed project is defmed by Subchapter C, Chapter 50 I. Added by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 3.01, eff. April 1,2009. Amended by: Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 15.015(a), eff. September 1,2009.