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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 Page - 1 - 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. Page -2 - (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 Page -3 - 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 Page -4 - 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 . Page -5 -