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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 495; providing authority to impose a tax and issue |
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bonds; granting a limited power of eminent domain. |
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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 8350 to read as follows: |
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CHAPTER 8350. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 495 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8350.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Harris County Municipal |
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Utility District No. 495. |
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Sec. 8350.002. 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. 8350.003. 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. 8350.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8350.003 |
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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. 8350.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) 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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8350.006. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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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[Sections 8350.007-8350.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8350.051. 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 8350.052, directors serve |
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staggered four-year terms. |
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Sec. 8350.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the 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 8350.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8350.003 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 8350.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8350.053-8350.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8350.101. 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. 8350.102. 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. 8350.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8350.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8350.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8350.105. 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. 8350.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8350.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8350.107-8350.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8350.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The 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 8350.153. |
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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. 8350.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8350.151, 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. 8350.153. 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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[Sections 8350.154-8350.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8350.201. 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. 8350.202. 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. 8350.203. 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 Harris County Municipal Utility District No. |
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495 initially includes all the territory contained in the following |
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area: |
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BEING A 320.2 ACRE TRACT OF LAND LYING IN SECTION 60, BLOCK 2 |
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OF THE H. & T.C. R.R. CO. SURVEY, THE H. HUSKEY SURVEY, ABSTRACT |
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1525, THE S. POST SURVEY, ABSTRACT 1422 AND THE W. SALYARS SURVEY, |
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ABSTRACT 1532, ALL SURVEYS LYING WITHIN HARRIS COUNTY, TEXAS, |
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CONTAINING BLOCKS 1-5 OF THE LUCKY HIT ORANGE DEVELOPMENT COLONY AS |
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RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF HARRIS COUNTY |
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AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS; |
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BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KATY |
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-HOCKLEY CUT OFF ROAD (60 FEET WIDE) AND STOCKDICK SCHOOL ROAD (60 |
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FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF |
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HARRIS COUNTY, BEING THE SOUTHEAST CORNER OF SECTION 67, BLOCK 2 OF |
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THE H. & T.C. R.R. CO. SURVEY, THE NORTHWEST CORNER OF SECTION 61, |
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BLOCK 2 OF THE H. & T.C. R.R. CO. SURVEY, THE SOUTHWEST CORNER OF |
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SECTION 60, BLOCK 2, THE LUCKY HIT ORANGE DEVELOPMENT COLONY AND OF |
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THE HEREIN DESCRIBED TRACT; |
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THENCE N 00°02'44" W (CALLED NORTH), ALONG THE COMMON LINE OF |
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SECTION 67 AND SECTION 60, THE WEST LINE OF SAID LUCKY HIT ORANGE |
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DEVELOPMENT COLONY AND THIS TRACT, 2,639.49 FEET (CALLED 2,640 |
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FEET) TO A POINT FOR THE NORTHWEST CORNER OF SAID LUCKY HIT ORANGE |
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DEVELOPMENT COLONY AND OF THE HEREIN DESCRIBED TRACT; |
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THENCE S 89°53'17" E (CALLED WEST), ALONG THE CENTERLINE OF AN |
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UNNAMED ROAD (30 FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE |
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MAP RECORDS OF HARRIS COUNTY, THE SOUTH LINE OF A 17.00 ACRE |
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(CALLED) TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN HARRIS |
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COUNTY CLERK'S FILE NUMBER S147734, THE NORTH LINE OF SAID LUCKY HIT |
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ORANGE DEVELOPMENT COLONY AND OF THIS TRACT, AT 2,639.94 FEET |
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(CALLED 2,640 FEET) TO A POINT FOR THE SOUTHEAST CORNER OF SAID |
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17.00 ACRE TRACT, A SOUTHWEST CORNER OF A 177.00 ACRE (CALLED) TRACT |
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DESCRIBED IN DOCUMENT RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER |
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M453894, THE MOST NORTHERLY NORTHEAST CORNER OF SAID LUCKY HIT |
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ORANGE DEVELOPMENT COLONY AND AN ANGLE POINT IN THE NORTH LINE OF |
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THE HEREIN DESCRIBED TRACT; |
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THENCE S 89°58'29" E (CALLED WEST), ALONG THE SOUTH LINE OF |
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SAID 177.00 ACRE TRACT AND THE NORTH LINE OF THIS TRACT, 2,640.00 |
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FEET TO A POINT LYING IN THE WEST LINE OF SECTION 47 OF THE H. & T.C. |
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R.R. COMPANY SURVEY, ABSTRACT 440 HARRIS COUNTY, TEXAS AND THE EAST |
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LINE OF SAID SECTION 60, BLOCK 2 FOR THE NORTHEAST CORNER OF THE |
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HEREIN DESCRIBED TRACT; |
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THENCE SOUTH, ALONG THE COMMON LINE OF SECTION 47 AND SECTION |
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60, 2,646.86 FEET (CALLED 2,640 FEET) TO A POINT LYING IN THE |
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CENTERLINE OF THE AFORESAID STOCKDICK SCHOOL ROAD, ON THE NORTH |
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LINE OF SAID SECTION 61, FOR THE SOUTHWEST CORNER OF SECTION 47, THE |
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SOUTHEAST CORNER OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT; |
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THENCE N 89°51'05" W (CALLED WEST), ALONG THE CENTERLINE OF |
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STOCKDICK SCHOOL ROAD, THE NORTH LINE OF SECTION 61, THE SOUTH LINE |
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OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT, 5,277.85 FEET |
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(CALLED 5,280 FEET) TO THE POINT OF BEGINNING AND CONTAINING 320.2 |
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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. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2455 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2455 passed the House on |
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May 15, 2009, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |