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A BILL TO BE ENTITLED
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relating to the creation of the Lago Bello Municipal Utility |
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District No. 1 of Harris County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7990 to read as follows: |
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CHAPTER 7990. LAGO BELLO MUNICIPAL UTILITY DISTRICT NO. 1 OF HARRIS |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7990.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Lago Bello Municipal Utility |
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District No. 1 of Harris County. |
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Sec. 7990.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7990.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7990.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7990.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7990.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7990.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7990.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7990.052, directors serve |
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staggered four-year terms. |
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Sec. 7990.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7990.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 7990.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7990.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7990.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7990.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7990.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7990.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7990.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7990.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7990.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7990.003. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7990.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7990.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7990.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7990.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7990.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7990.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7990.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7990.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7990.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Lago Bello Municipal Utility District No. 1 |
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of Harris County initially includes all the territory contained in |
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the following area: |
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1,045.7854 ACRES OF LAND, BEING OUT OF THAT CERTAIN |
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CONVEYANCE EXECUTED JULY 15, 1959, FROM E.M. WISE (SOMETIMES KNOWN |
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AS E. MONROE WISE) AND WIFE HELEN LUCILLE WISE, GRANTORS, TO PAUL F. |
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BAMHART, GRANTEE, RECORDED ON JULY 15, 1959 IN VOLUME 3753, PAGE 16 |
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OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND RE-RECORDED ON |
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SEPTEMBER 25, 1959 IN VOLUME 3814, PAGE 327 OF THE DEED RECORDS OF |
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HARRIS COUNTY, TEXAS. THIS CONVEYANCE COVERS 432.716 ACRES, MORE OR |
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LESS, OUT OF THE REUBEN WHITE SURVEY, A-84; 455.886 ACRES, MORE OR |
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LESS, OUT OF SECTION 2 OF THE HT&BRR CO. SURVEY, A-1619; AND 456.08 |
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ACRES, MORE OR LESS, OUT OF SECTION 2 & 3 OF THE HT&BRR CO. SURVEY |
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401, TOGETHER WITH THAT CERTAIN WARRANTY DEED CONTAINING 89.80 |
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ACRES, MORE OR LESS, OUT OF SECTION 3 OF THE HT&BRR CO. SURVEY, |
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A-501, HARRIS COUNTY, TEXAS, EXECUTED ON DECEMBER 15, 1960, FROM |
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MRS. MARY ANDERSON, A WIDOW, LEROY L. ANDERSON JOINED BY HIS WIFE, |
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HARRIETT IDELL ANDERSON, MRS. MADELINE ESTHER ANDERSON RAMSEY |
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JOINED BY HER HUSBAND, THEO A. RAMSEY, MISS ALICE VIVIAN ANDERSON, A |
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SINGLE WOMAN, AND MRS. LUCILLE KENNING HARE, A WIDOW, GRANTORS, TO |
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PAUL F. BURNHART, GRANTEE, RECORDED ON JANUARY 16, 1961 IN VOLUME |
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4255, PAGE 229 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND A |
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80.0 ACRE TRACT RECORDED UNDER VOLUME 334, PAGE 90 OF THE DEED |
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RECORDS OF HARRIS COUNTY, TEXAS; SAID 1,045.7854 ACRES OF LAND |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT THE A POINT ON THE EASTERLY LINE OF F.M. HIGHWAY |
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2100 (CROSBY-LYCHBURG ROAD)(80 FOOT RIGHT-OF-WAY) AND THE |
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SOUTHWEST CORNER OF SAINT CHARLES PLACE SUBDIVISION SECTION 2, A |
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SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED |
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UNDER VOLUME 23, PAGE 7 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. |
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THENCE SOUTH 89°03'00" EAST, ALONG THE SOUTH LINE OF SAID ST. |
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CHARLES PLACE - SECTION 2, A DISTANCE OF 4613.40 FEET TO THE SOUTH |
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EAST CORNER OF SAID ST. CHARLES PLACE - SECTION 2 AND AN INTERIOR |
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CORNER OF HEREIN DESCRIBED TRACT; |
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THENCE NORTH 00°57'00" EAST, ALONG THE EAST LINE OF SAID ST. |
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CHARLES PLACE - SECTION 2, A DISTANCE OF 247.90 FEET TO A POINT IN |
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THE CENTERLINE AND END OF EAGLETON LANE (40 FEET WIDE); |
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THENCE SOUTH 89°03'00" EAST, A DISTANCE OF 20.00 FEET TO A |
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POINT MARKING THE SOUTHEAST CORNER OF SAID EAGLETON LANE; |
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THENCE NORTH 00°57'00" EAST, ALONG THE EAST LINE OF SAID |
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EAGLETON LANE, A DISTANCE OF 4528.82 FEET TO A POINT IN THE SOUTH |
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LINE OF F.M. HIGHYWAY 1942 (CROSBY-CEDAR BAYOU ROAD) (RIGHT-OF-WAY |
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VARIES) AND MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 69°03'00" EAST, ALONG THE SOUTH LINE OF SAID F.M. |
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HIGHWAY 1942, A DISTANCE OF 3646.64 FEET TO THE SOUTHWEST |
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INTERSECTION OF SAID F.M. HIGHYWAY 1942 AND SRALLA ROAD |
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(RIGHT-OF-WAY VARIES), SAID POINT MARKING THE NORTHEAST CORNER OF |
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HEREIN DESCIBED TRACT; |
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THENCE SOUTH 00°48'18" WEST, ALONG THE WEST LINE OF SAID |
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SRALLA ROAD, A DISTANCE OF 1466.74 FEET TO A POINT FOR CORNER; |
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THENCE IN A SOUTHWESTERLY DIRECTION WITH A CURVE TO THE LEFT, |
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HAVING A RADIUS OF 25,143.98 FEET AND A DISTANCE OF 2822.62 FEET, |
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WITH A CHORD BEARING OF SOUTH 44°30'24" WEST AND DISTANCE OF 2821.14 |
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TO A POINT FOR CORNER; |
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THENCE IN A SOUTHWESTERLY DIRECTION WITH A CURVE TO THE LEFT, |
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HAVING A RADIUS OF 19,203.02 FEET AND A DISTANCE OF 4583.55 FEET |
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WITH A CHORD BEARING OF SOUTH 74°14'30" WEST AND DISTANCE OF 4572.67 |
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FEET TO A POINT FOR CORNER; |
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THENCE NORTH 89°03'00" WEST, ALONG THE NORTH LINE OF SAID |
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ECLIPSE CAPITAL, LLC TRACT, A DISTANCE OF 1141.79 FEET TO A POINT IN |
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THE EAST LINE OF SAID F.M. HIGHWAY 2100; |
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THENCE NORTH 03°33'00" WEST, ALONG THE EAST LINE OF SAID F.M. |
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HIGHWAY 2100, A DISTANCE OF 3269.23 FEET TO A POINT FOR CORNER; |
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THENCE NORTH 13°42'00" WEST, ALONG THE EAST LINE OF SAID F.M. |
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HIGHWAY 2100, A DISTANCE 1880.06 FEET TO THE PLACE OF BEGINNING AND |
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CONTAINING 1,308.8450 ACRES OF LAND, MORE OR LESS |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7990, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7990.107 to read as follows: |
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Sec. 7990.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2017. |