CC Resolution No. 1845 23
RESOLUTION NO. 1845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 4038, AS FILED BY
REPRESENTATIVE CHARLIE HOWARD ON MARCH 27, 2007, RELATING TO
THE POWERS AND DUTIES OF THE HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 473 REGARDING ROAD PROJECTS AND THE AUTHORITY TO
IMPOSE A TAX AND ISSUE BONDS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, Harris County Municipal Utility District No. 473 (the "District") is a municipal
utility district located within the corporate limits of the City of Baytown; and
WHEREAS, in order to promote the orderly growth and development of the District and to
provide essential road infrastructure to the District, the District is seeking special legislation to authorize
the District to construct and finance certain major thoroughfares, arterial and collector roads and related
improvements (the "Road Improvements")to serve the District; and
WHEREAS, the City Council of the City of Baytown has determined that the acquisition of road
powers by the District is an effective and economical means to provide essential road infrastructure to
serve the District: NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby endorses and encourages
the passage of House Bill 4038, as filed by Representative Charlie Howard on March 27, 2007, relating to
the powers and duties of the Harris County Municipal Utility District No. 473 regarding road projects and
the authority to impose a tax and issue bonds.
Section 2: This resolution shall take effect immediately from and after its passage by the
Cit it of the City of Baytown.
epHTO
OF CED, READ and PASSED,by the affirmative v to I f the City Council of the City of
4- ayto thi day of April, 2007.
U S N
f
ST HE H. DONCARLOS, Mayor
A
LORR . OD , City lerk
APPROVED AS TO FORM:
eiQNACIO RAMIREZ, SR., Ci ttomey
R'.AKai en TilesVCity CouncirResoIutions\2007AApdI 121,Road rights resolution Clean.doc
NOTICE OF INTENTION TO INTRODUCE A BILL
IN THE LEGISLATURE OF TEXAS
Notice is hereby given of the intention to introduce in the Regular Session of the
80th Legislature of Texas a bill relating to supplemental powers and authority of Harris
County Municipal Utility District No. 473, including road powers pursuant to Article 3,
Section 52 of the Constitution of Texas.
By: B. No.
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of Harris County Municipal
Utility District No. 473, including the authority to finance,
construct, impose taxes and issue bonds for certain road
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter to read as
follows:
CHAPTER . HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 473
SUBCHAPTER A. GENERAL PROVISIONS
Sec. . 001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means Harris County Municipal Utility
District No. 473.
(4 ) "Road Project" means arterial or main feeder
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roads, or improvements in aid of those roads.
Sec. . 002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvement and services to be provided by the
district under powers conferred by Section 52, Article III,
Texas Constitution.
(b) To the extent authorized by Section 52, Article
III, Texas Constitution, a purpose of the district is the
financing, construction, or acquisition of road projects.
[Sections . 003- .050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. . 051 . GENERAL POWERS AND DUTIES. The district
has the power and duties necessary to accomplish the purposes of
the district. Nothing in this Chapter limits the powers of the
district existing before the effective date of the Act creating
this chapter. This chapter prevails over any provision of
general law that is in conflict with or inconsistent with this
chapter, including any provision of Chapter 49 or 54, Water
Code.
Sec. . 052. ROAD PROJECTS. (a) Pursuant to Section
52, Article III, Texas Constitution, the district may finance,
construct, or acquire road projects.
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(b) A road project must meet all applicable standards,
regulations, and ordinances of the municipality or county in
whose jurisdiction the district is located.
(c) Upon completion of any road project, the district,
with the consent of the municipality or county in whose
jurisdiction the district is located, may convey that road
project to the municipality or county. If the municipality or
the county becomes the owner of a road project, the municipality
or county is responsible for all future maintenance, operation,
and upkeep, and the district has no further responsibility for
the project or its maintenance, operation, or upkeep.
Sec. . 053. JOINT PROJECT. (a) A district contract
with a state agency, a political subdivision, or a corporation
created under Chapter 431, Transportation Code, may:
(1) provide for joint payment of the costs of a road
project; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a road project
as provided by the contract, including the landscaping of the
road project .
(b) The district may issue bonds to pay all or part of the
costs of the road project and any other payments required under
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the contract.
[Sections . 054- . 100 reserved for expansion]
SUBCHAPTER C. BONDS
Sec. . 101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds, notes, or other
obligations payable in whole or in part from ad valorem taxes,
impact fees, revenue, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
(b) The district may not issue bonds to finance road
projects unless the issuance is approved by a vote of a two-
thirds majority of the voters of the district voting at an
election called for that purpose.
(c) Bonds, notes, or other obligations issued or incurred
to finance road projects may not exceed one-fourth of the
assessed value of the real property in the district.
SECTION 2. The legislature finds that: (1) proper legal
notice of the intention to introduce this Act, setting forth the
general substance of this Act, has been published as provided by
law, and the notice and a copy of this Act have been furnished
to all persons, agencies, officials, or entities to which they
are required to be furnished by the constitution and laws of
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this state, including, the governor, who has submitted the
notice and Act to the Texas Commission on Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the
governor, the lieutenant governor, and the speaker of the house
of representatives within the required time; and
(3) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act
have been fulfilled and accomplished.
SECTION 3. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2007 .
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