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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the New Fairview Municipal Utility |
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District No. 1; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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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 7987 to read as follows: |
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CHAPTER 7987. NEW FAIRVIEW MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7987.001. 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 New Fairview Municipal |
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Utility District No. 1. |
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Sec. 7987.002. 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. 7987.003. 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. 7987.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
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AGREEMENT REQUIRED. (a) The temporary directors may not hold an |
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election under Section 7987.003, undertake an improvement project, |
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impose taxes or fees, or issue bonds or otherwise borrow money until |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located has: |
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(1) consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district; and |
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(2) entered into a development agreement under Section |
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212.172, Local Government Code, with an owner or owners of a |
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majority of the land described by Section 2 of the Act enacting this |
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chapter. |
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(b) If a development agreement described by Subsection |
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(a)(2) has not been executed before March 1, 2019: |
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(1) the temporary directors may not call a |
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confirmation election under Section 7987.003; |
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(2) the district is dissolved; and |
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(3) this chapter expires March 1, 2020. |
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Sec. 7987.005. 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. 7987.006. 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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Sec. 7987.007. AMENDMENT OF CHAPTER. The legislature may |
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not amend this chapter without the consent of the city given by |
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ordinance or resolution. |
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Sec. 7987.008. CITY CONSENT TO CREATION OF DISTRICT. The |
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city's consent to the creation of the district is not subject to the |
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limitations on the conditions or other restrictions the city may |
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place on its consent under Section 42.042, Local Government Code. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7987.051. 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 7987.052, directors serve |
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staggered four-year terms. |
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Sec. 7987.052. 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 7987.003; 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 7987.003 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 7987.003; 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. 7987.101. 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. 7987.102. 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. 7987.103. 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. 7987.104. 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. 7987.105. 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. 7987.106. CITY REQUIREMENTS. An improvement project |
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in the district must comply with applicable requirements of the |
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city, including codes and ordinances, unless a requirement is |
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specifically waived or superseded by a development agreement |
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entered into under Section 7987.107 or another agreement with the |
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city applicable to property located in the district. |
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Sec. 7987.107. DEVELOPMENT AND OPERATING AGREEMENT |
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REQUIRED. After the district's board is organized, but before the |
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district may undertake any improvement project, impose taxes or |
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fees, or issue bonds or otherwise borrow money, the district must |
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become a party to and assume all applicable obligations, |
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requirements, and limitations in the development agreement entered |
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into between the city and the owner or owners of a majority of land |
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in the district, including any limitation imposed by the city. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7987.151. 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 7987.153. |
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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. 7987.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7987.151, 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. 7987.153. 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. 7987.201. 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. 7987.202. 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. 7987.203. 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 New Fairview Municipal Utility District No. |
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1 initially includes all the territory contained in the following |
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area: |
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BEING A 634.507 ACRES TRACT OF LAND CALLED OUT OF THE |
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T. CARPENTER SURVEY, ABSTRACT NO. 172 AND THE W. |
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BRAMLETT SURVEY, ABSTRACT NO. 123, WISE COUNTY, TEXAS: |
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BEING ALL OF THOSE CERTAIN TRACTS OF LAND AS DESCRIBED |
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IN VOLUME 155, PAGE 580, & VOLUME 123, PAGE 290, DEED |
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RECORDS, WISE COUNTY, TEXAS, AND CONTAINING ALL OF |
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THOSE CERTAIN TRACTS OF LAND AS DESCRIBED IN CLERK FILE |
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NO. 201600522 & CLERK FILE NO. 201600523, OFFICIAL |
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RECORDS, WISE COUNTY, TEXAS: BEING FURTHER DESCRIBED |
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BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A SET 1/2"IRON ROD WITH PLASTIC CAP IN THE |
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EAST LINE OF THE FORT WORTH & DENVER CITY RAILROAD |
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RIGHT OF WAY, BEING FIFTY FEET EAST OF & PERPENDICULAR |
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TO THE CENTER OF THE EXISTING RAILROAD LINE, AT THE |
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NORTHWEST CORNER OF THE THIRD TRACT (V. 123, P. 290), |
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SAME BEING THE SOUTHWEST CORNER OF A CALLED 30 ACRES |
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TRACT OF LAND DESCRIBED IN VOLUME 5, PAGE 151, |
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D.R.W.C.T., FOR THE NORTHWEST AND BEGINNING CORNER OF |
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THIS TRACT. |
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THENCE ALONG THE SOUTH & EAST LINES OF SAID 30 ACRES AS |
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FOLLOWS: |
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1) N 89°35'28" E 2484.06 FEET TO A 4" STEEL FENCE CORNER |
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POST, FOR AN ELL CORNER OF THIS TRACT. |
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2) N 01°02'34" W 533.58 FEET TO A FOUND 1" IRON PIPE AT |
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THE SOUTHEAST CORNER OF THAT CALLED 187.08 ACRES AS |
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DESCRIBED IN CLERK FILE NO. 201322567, O.R.W.C.T., FOR |
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A CORNER OF THIS TRACT. |
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3) THENCE N 00°16'14" E 349.12 FEET TO A FOUND 3/8" IRON |
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ROD AT THE SOUTHWEST CORNER OF THOSE CERTAIN TRACTS OF |
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LAND DESCRIBED IN VOLUME 1643, PAGE 644, O.R.W.C.T., |
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FOR THE NORTHWEST CORNER OF THIS TRACT. |
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4) THENCE N 89°40'40" E AT 1203.8 FEET PASS A FOUND 1/2" |
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IRON ROD WITH PLASTIC CAP STAMPED "MANNING" AT THE |
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NORTHWEST CORNER OF THAT CALLED 34.00 ACRES TRACT OF |
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LAND DESCRIBED IN CLERK FILE NO. 201600522, |
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O.R.W.C.T., AT 2609.13 FEET PASS A FOUND 3/8" IRON ROD |
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IN THE FENCED WEST LINE OF PIONEER STREET, A GRAVEL |
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SURFACE, FOR A TOTAL DISTANCE OF 2632.66 FEET TO A |
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POINT, FOR THE NORTHEAST CORNER OF THIS TRACT. |
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5) THENCE S 00°25'18" E 3975.79 FEET WITHIN SAID |
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PIONEER STREET TO A POINT, AT THE NORTHEAST CORNER OF |
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THAT CALLED 3.673 ACRES CONVEYED TO BRAZOS ELECTRIC |
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POWER COOPERATIVE, INC. IN VOLUME 931, PAGE 495, |
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O.R.W.C.T., FOR A CORNER OF THIS TRACT. |
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THENCE ALONG THE NORTH, WEST, & SOUTH LINES OF SAID |
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BRAZOS ELECTRIC TRACT AS FOLLOWS: |
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6) S 89°39'22" W 400.00 FEET TO A FOUND CAPPED 3/4" IRON |
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ROD; |
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7) S 00°20'10" E 399.94 FEET TO A FOUND CAPPED 3/4" IRON |
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ROD; |
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8) N 89°39'51" E 400.01 FEET TO A POINT WITHIN SAID |
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PIONEER STREET, FOR A CORNER OF THIS TRACT. |
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9) THENCE S 00°20'12" E 358.93 FEET WITHIN SAID PIONEER |
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STREET TO A FOUND 3/8" IRON ROD IN THE NORTH LINE OF |
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THAT CALLED 80 ACRES TRACT OF LAND DESCRIBED IN VOLUME |
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1547, PAGE 588, O.R.W.C.T., FOR THE EASTERLY SOUTHEAST |
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CORNER OF THIS TRACT. |
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THENCE ALONG THE COMMON LINE OF SAID FIFTH TRACT (V. |
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123, P. 290) & SAID 80 ACRES TRACT AS FOLLOWS: |
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10) S 89°16'40" W 2595.51 FEET TO A FOUND 3/8" IRON ROD; |
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11) S 00°41'22" E 1800.91 FEET TO A POINT WITHIN PIONEER |
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STREET, AN ASPHALT SURFACE, AT THE SOUTHEAST CORNER OF |
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THAT CALLED 22.00 ACRES TRACT OF LAND DESCRIBED IN |
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CLERK FILE NO. 201600523, O.R.W.C.T., FOR THE |
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SOUTHERLY SOUTHEAST CORNER OF THIS TRACT. |
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12) THENCE N 89°57'00" W WITHIN SAID PIONEER STREET AT |
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772.70 FEET PASS A FOUND P.K. NAIL IN ASPHALT AT THE |
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SOUTHWEST CORNER OF SAID 22.00 ACRES, FOR A TOTAL |
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DISTANCE OF 2919.89 FEET TO A POINT IN THE SIMPLE CURVE |
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OF A SPIRAL CURVE, BEING THE EAST LINE OF SAID FORT |
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WORTH & DENVER CITY RAILROAD RIGHT OF WAY, FOR THE |
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SOUTHWEST CORNER OF THIS TRACT. WHENCE A FOUND PK NAIL |
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BEARS S 89°57'00" E 1.58 FEET. |
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THENCE FIFTY FEET EAST OF & PERPENDICULAR TO THE CENTER |
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OF THE EXISTING RAILROAD LINE AS FOLLOWS: |
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SC1) ALONG THE ARC OF A SIMPLE CURVE TO THE RIGHT, |
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HAVING A RADIUS OF 2873.39 FEET, AN ARC LENGTH OF |
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195.21 FEET, AND WHOSE CHORD BEARS N 01°50'09" W 195.17 |
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FEET TO A SET 1/2" IRON ROD WITH PLASTIC CAP AT THE |
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CURVE TO SPIRAL, A CHORD BEARS N 02°35'55" E 376.69 FEET |
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TO THE SPIRAL TO TANGENT; |
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13) N 03°50'04" E 5090.43 FEET TO THE POINT OF |
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BEGINNING. |
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BEARINGS & DISTANCES DERIVED FROM G.P.S. OBSERVATIONS |
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PERFORMED BY CARTER SURVEYING & MAPPING, INC. AND |
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REFLECT SURFACE ADJUSTED, N.A.D. 1983, TEXAS STATE |
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PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, |
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USING TEXAS DEPARTMENT OF TRANSPORTATION SURFACE |
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ADJUSTMENT FACTOR OF 1.00012. |
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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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7987, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7987.108 to read as follows: |
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Sec. 7987.108. 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. |
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* * * * * |