By Nixon H.B. No. 3204
74R9853 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, and duties of the
1-3 Westchase Area Management District; granting the authority to issue
1-4 bonds; authorizing a tax.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION OF DISTRICT. (a) A special district in
1-7 Harris County to be known as the "Westchase Area Management
1-8 District" exists as a governmental agency, body politic and
1-9 corporate, and political subdivision of the state.
1-10 (b) The name of the district may be changed by resolution of
1-11 the board.
1-12 (c) The creation of the district is essential to accomplish
1-13 the purposes of Section 52, Article III, Section 59, Article XVI,
1-14 and Section 52-a, Article III, Texas Constitution, and other public
1-15 purposes stated in this Act.
1-16 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature
1-17 finds and declares that the creation of the district is necessary
1-18 to promote, develop, encourage, and maintain employment, commerce,
1-19 transportation, housing, tourism, recreation, arts, entertainment,
1-20 economic development, safety, and the public welfare in the
1-21 Westchase area of Harris County.
1-22 (b) It is the legislature's intent that the creation of the
1-23 district and this legislation not be interpreted to relieve Harris
1-24 County or the City of Houston from providing the present level of
2-1 services to the area included within the district or to release the
2-2 county or the city from the obligations each entity has to provide
2-3 services to that area. The district is created to supplement and
2-4 not supplant the city or county services provided in the area
2-5 included within the district.
2-6 (c) The legislature finds and intends that by creating the
2-7 district and in authorizing the city, county, and other political
2-8 subdivisions to contract with the district the legislature has
2-9 established a program to accomplish the public purposes set out in
2-10 Section 52-a, Article III, Texas Constitution.
2-11 SECTION 3. DEFINITIONS. In this Act:
2-12 (1) "Board" means the board of directors of the
2-13 district.
2-14 (2) "District" means the Westchase Area Management
2-15 District.
2-16 (3) "City" means the City of Houston, Texas.
2-17 (4) "County" means Harris County, Texas.
2-18 SECTION 4. BOUNDARIES. The district includes all the
2-19 territory contained within the following described area:
2-20 Being 2,460 acres, more or less, out of the G.L. Bellows
2-21 Survey, Abstract No. 3, the C. Ennis Survey, Abstract No. 253, the
2-22 J.D. Taylor Survey, Abstract No. 72, the I.E. Wade Survey,
2-23 Abstract No. 854, the I.E. Wade Survey, Abstract No. 855, the E.
2-24 Williams Survey, Abstract No. 834, and the H. Woodruff Survey,
2-25 Abstract No. 844, all located in Harris County, Texas, being more
2-26 particularly described by metes and bounds as follows:
2-27 BEGINNING AT A POINT being the most westerly southwest corner
3-1 of the Woodlake, Section 4 Subdivision described by plat recorded
3-2 in Vol. 174, Pg. 115 of the Map Records of the Harris County, being
3-3 also a point in the East line of South Gessner Road, originally
3-4 described in the instrument recorded in Vol. 6369, Pg. 234 of the
3-5 Deed Records of Harris County,
3-6 Thence in a northerly direction with the western boundary of
3-7 the Woodlake, Section 4 Subdivision and the East line of South
3-8 Gessner Road to the point of intersection with the easterly
3-9 projection of the South line of the Woodlake Townhouse Apartments
3-10 Parcel as described in the conveyance recorded in Vol. 8577, Pg. 38
3-11 of the Deed Records of Harris County,
3-12 Thence in a westerly direction along the easterly projection
3-13 of the South line of the Woodlake Townhouse Apartments Parcel and
3-14 then continuing with the South Line of the Woodlake Townhouse
3-15 Apartments Parcel to the southwest corner of that parcel, being
3-16 also a point in the West line of the Woodlake Section 5
3-17 Subdivision, being also a point in the West line of the J. D.
3-18 Taylor Survey, Abstract 72,
3-19 Thence in a southerly direction with the West line of the
3-20 J.D. Taylor Survey, Abstract 72 to the point of intersection with
3-21 the North right of way of Westheimer Road, also known as Texas Farm
3-22 to Market Road No. 1093,
3-23 Thence in a westerly direction with the North right of way
3-24 line of Westheimer Road, also known as Texas Farm to Market Road
3-25 No. 1093 to the point of intersection the East right of way of
3-26 Seagler Road,
3-27 Thence in a northerly direction with the East right of way
4-1 line of Seagler Road to the point of intersection with the easterly
4-2 projection of the North right of way line of Ella Lee Lane,
4-3 Thence in westerly direction with the easterly projection of
4-4 the North right of way line of Ella Lee Lane and then continuing
4-5 with the North right of way line of Ella Lee Lane to the point of
4-6 intersection with the East right of way line Beltway 8, also known
4-7 as the Sam Houston Tollway,
4-8 Thence in a northerly direction with the East right of way
4-9 line Beltway 8 to the point of intersection with the easterly
4-10 projection of the centerline of the right of way line of Deerwood
4-11 Drive as dedicated by plat for the Greentree Place Subdivision as
4-12 recorded in Vol. 228, Pg. 125 of the Map Records of Harris County,
4-13 Thence in a westerly direction with the easterly projection
4-14 of the centerline of the right of way of Deerwood Drive and then
4-15 continuing with the centerline of the right of way of Deerwood
4-16 Drive through a curve to the South to the point of intersection
4-17 with the easterly projection of the centerline of the right of way
4-18 of River View Drive as described by the plat of the Walnut Bend
4-19 Subdivision, Section 8, as recorded in Vol. 129, Pg. 59 of the Map
4-20 Records of Harris County,
4-21 Thence continuing in a westerly direction with the easterly
4-22 projection of the centerline of the right of way of River View
4-23 Drive to the West line of the Greentree Place Subdivision, being
4-24 also the West Line of the G.L. Bellows Survey, Abstract No. 3,
4-25 Thence in a southerly direction with the West line of the
4-26 G.L. Bellows Survey, Abstract No. 3, to the point of intersection
4-27 with the most easterly southeast corner of the Walnut Bend, Section
5-1 5 Subdivision as described by plat recorded in Vol. 89, Pg. 54 of
5-2 the Map Records of Harris County,
5-3 Thence in a westerly direction with the South line of the
5-4 Walnut Bend, Section 5 to a point in the East right of way line of
5-5 Blue Willow Drive, being also the southwest corner of lot 18, block
5-6 5 of Walnut Bend, Section 5 Subdivision,
5-7 Thence continuing in a westerly direction to a point in the
5-8 West right of way line of Blue Willow Drive, being also the
5-9 southeast corner of lot 17, block 17 of the Walnut Bend, Section 5
5-10 Subdivision,
5-11 Thence continuing in a westerly direction with the South line
5-12 of the Walnut Bend, Section 5 Subdivision to a point in the East
5-13 right of way line of Walnut Bend Lane, being also the southwest
5-14 corner of lot 1, block 17 of the Walnut Bend, Section 5
5-15 Subdivision,
5-16 Thence continuing in a westerly direction to a point in the
5-17 West right of way line of Walnut Bend Lane, being also the
5-18 southeast corner of lot 10, block 1 of the Walnut Bend, Section 5
5-19 Subdivision,
5-20 Thence in a westerly direction to the southwest corner of
5-21 said lot 10 block 1, being also the most westerly southwest corner
5-22 of the Walnut Bend, Section 5 Subdivision, being also a point in
5-23 the East line of lot 6, block 1 of the Lakeside Estates, Section 1
5-24 Subdivision as described by plat recorded in Vol. 152, Pg. 97 of
5-25 the Map Records of Harris County,
5-26 Thence in a southerly direction with the East line of the
5-27 Lakeside Estates, Section 1 Subdivision to the most easterly
6-1 southeast corner of said Lakeside Estates Section 1 Subdivision,
6-2 Thence in a westerly direction with the South line of the
6-3 Lakeside Estates, Section 1 Subdivision to a point in the East
6-4 right of way line of Lakeside Country Club, being also the
6-5 southwest corner of lot 1, block 1 of the Lakeside Estates, Section
6-6 1 Subdivision,
6-7 Thence continuing in a westerly direction to a point in the
6-8 west right of way line of Lakeside Country Club Drive, being also
6-9 the southeast corner of lot 10, block 2 of the Lakeside Estates,
6-10 Section 1 Subdivision,
6-11 Thence continuing in a westerly direction with the South line
6-12 of the Lakeside Estates, Section 1 Subdivision to a point in the
6-13 East right of way line of Wilcrest Drive, being also the southwest
6-14 corner of lot 1, block 2 of the Lakeside Estates, Section 1
6-15 Subdivision,
6-16 Thence in a northwesterly direction to a point in the West
6-17 right of way line of Wilcrest Drive, being also the northeast
6-18 corner of reserve lot A5 of the Lakeside Estates, Section 1
6-19 Subdivision,
6-20 Thence in a westerly direction with the North line of reserve
6-21 lot A5 of the Lakeside Estates, Section 1 Subdivision to the
6-22 northwest corner of that lot,
6-23 Thence in a southwesterly direction across a 150 foot wide
6-24 power line corridor owned by Houston Lighting and Power Company, as
6-25 described in instrument recorded in Vol. 1220, Pg. 519 of the Deed
6-26 Records of Harris County, to the Southeast corner of a 9.54 acre,
6-27 more or less, tract of land described in the instrument recorded
7-1 under Clerk's File No. M462865 of the Official Public Records of
7-2 Real Property of Harris County,
7-3 Thence in a westerly direction with the South line of that
7-4 9.54 acre parcel 782 feet, more or less, to the southwest corner of
7-5 9.54 acre parcel, being also a point in the East right of way line
7-6 of Hayes Road,
7-7 Thence continuing in a westerly direction to a point in the
7-8 West right of way line of Hayes Road, being also the southeast
7-9 corner of the Village West, Section 2 Subdivision, as described by
7-10 plat recorded in Vol. 250, Pg. 1 of the Map Records of Harris
7-11 County,
7-12 Thence continuing in a westerly direction with the South line
7-13 of Village West, Section 2 Subdivision to the southwest corner of
7-14 that subdivision South line of Village West, Section 2 Subdivision,
7-15 Thence continuing in a westerly direction with a westerly
7-16 projection of the South line of Village West, Section 2 Subdivision
7-17 to the point of intersection with the West right of way line of
7-18 Woodland Park Drive,
7-19 Thence in a southerly direction with the West right of way
7-20 line of Woodland Park Drive to the point of intersection with the
7-21 North right of way line of Westheimer Road, also known as Texas
7-22 Farm to Market Road No. 1093,
7-23 Thence in westerly direction with the North right of way line
7-24 of Westheimer Road to the point of intersection with the northerly
7-25 projection of the West line of the Westchase Section 18 subdivision
7-26 as described in Vol. 291, Pg. 49 of the Map Records of Harris
7-27 County,
8-1 Thence in a southerly direction with the northerly projection
8-2 of the West line of the Westchase Section 18 subdivision, and then
8-3 continuing in a southerly direction with the West line of the
8-4 Westchase Section 18 subdivision to the southwest corner of that
8-5 subdivision, being also a point in the North right of way line of
8-6 Richmond Avenue,
8-7 Thence continuing in a southerly direction to a point in the
8-8 South right of way line of Richmond Avenue, being also the
8-9 northwest corner of the Westchase Section 17 subdivision as
8-10 described in Vol. 294, Pg. 3 of the Map Records of Harris County,
8-11 Thence continuing in a southerly direction with the West line
8-12 of the Westchase Section 17 to the southwest corner of that
8-13 subdivision,
8-14 Thence in an easterly direction with the South line of the
8-15 Westchase Section 17 subdivision to the southeast corner reserve
8-16 lot "B" of the Westchase Section 17 subdivision,
8-17 Thence continuing in a easterly direction 150 feet, more or
8-18 less, crossing the power line corridor owned by Houston Lighting
8-19 and Power Company, to the southwest corner of reserve lot "C" of
8-20 Westchase Section 17,
8-21 Thence continuing in an easterly direction with the South
8-22 line of reserve lot "C" of Westchase Section 17 to the southeast
8-23 corner of that parcel, being also a point in the West right of way
8-24 line of Wilcrest Drive,
8-25 Thence in a southerly direction with the West right of way
8-26 line of Wilcrest Drive to the point of intersection with the South
8-27 line of the Southern Pacific Railroad right of way, formerly known
9-1 as the Texas & New Orleans Railroad right of way, said point being
9-2 also the northeast corner of Unrestricted Reserve "A" of the
9-3 Briarleaf Section 2 Subdivision, as described by plat recorded in
9-4 Volume 287, Pg. 12 of the Map Records of Harris County,
9-5 Thence in an easterly direction with the South line of the
9-6 Southern Pacific Railroad right of way to the point of intersection
9-7 with the East right of way line of South Gessner Road,
9-8 Thence in a northerly direction with the East right of way
9-9 line of South Gessner Road to the point of intersection with the
9-10 North line of the Tanglewilde, Section 1 Subdivision as described
9-11 by plat recorded in Vol. 49, Pg. 25 of the Map Records of Harris
9-12 County,
9-13 Thence in an easterly direction with the North line of the
9-14 Tanglewilde, Section 1 Subdivision to the northeast corner of lot
9-15 16, block 1 of the Tanglewilde, Section 1 Subdivision,
9-16 Thence continuing in an easterly direction to the most
9-17 westerly southwest corner of that certain 7.0276 acre, more or
9-18 less, parcel of land more particularly described by metes and
9-19 bounds in the instrument recorded under County Clerk's File No.
9-20 R247328 of the Official Public Records of Real Property of Harris
9-21 County,
9-22 Thence continuing in an easterly direction with the South
9-23 line of the said 7.0276 acre parcel 328 feet, more or less, to an
9-24 interior corner of that parcel,
9-25 Thence in a southerly direction with a westerly line of the
9-26 said 7.0276 acre parcel, 106.41 feet, more or less, to a southwest
9-27 corner of that parcel, being also a point in the North line of the
10-1 Tanglewilde, Section 1 Subdivision,
10-2 Thence in an easterly direction with the North line of the
10-3 Tanglewilde, Section 1 Subdivision, 441.71 feet, more or less, to
10-4 an interior corner of that subdivision, being also a point in the
10-5 West right of way line of Rockyridge Drive,
10-6 Thence in a northerly direction with the West right of way
10-7 line of Rockyridge Drive to the point of intersection with the
10-8 westerly projection of the North line of lot 1, block four of the
10-9 Tanglewilde Section 1 Subdivision,
10-10 Thence in an easterly direction with the westerly projection
10-11 of the North line of lot 1, block four of the Tanglewilde Section 1
10-12 Subdivision to the northwest corner of that lot 1, block four,
10-13 Thence continuing in an easterly direction with the North
10-14 line of lot 1, block four of the Tanglewilde Section 1 Subdivision
10-15 to the northeast corner of that lot, being also a point in the West
10-16 line of the replatted Westmont Subdivision as described by plat
10-17 recorded in Vol. 75, Pg. 50 of the Map Records of Harris County,
10-18 Thence in a northerly direction with the West line of the
10-19 replatted Westmont Subdivision to the northwest corner of said
10-20 replatted Westmont Subdivision,
10-21 Thence in an easterly direction with the North line of the
10-22 replatted Westmont Subdivision to the point of intersection with
10-23 the centerline of Westerland Drive,
10-24 Thence in a northerly direction with the centerline of
10-25 Westerland Drive to the point of intersection with the easterly
10-26 projection of the North right of way line of Ella Lee Lane,
10-27 Thence in a westerly direction with the easterly projection
11-1 of the North right of way line of Ella Lee Lane and continuing with
11-2 the North right of way line of Ella Lee Lane to the POINT OF
11-3 BEGINNING.
11-4 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
11-5 finds that the boundaries and field notes of the district form a
11-6 closure. If a mistake is made in the field notes or in copying the
11-7 field notes in the legislative process, the mistake does not in any
11-8 way affect the:
11-9 (1) organization, existence, and validity of the
11-10 district;
11-11 (2) right of the district to issue any type of bonds
11-12 or refunding bonds for the purposes for which the district is
11-13 created or to pay the principal of and interest on the bonds;
11-14 (3) right of the district to levy and collect
11-15 assessments or taxes; or
11-16 (4) legality or operation of the district or its
11-17 governing body.
11-18 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
11-19 legislature finds that all of the land and other property included
11-20 within the boundaries of the district will be benefited by the
11-21 improvements and services to be provided by the district under
11-22 powers conferred by Section 52, Article III, Section 59, Article
11-23 XVI, and Section 52-a, Article III, Texas Constitution, and other
11-24 powers granted under this Act, and that the district is created to
11-25 serve a public use and benefit.
11-26 (b) The legislature finds that:
11-27 (1) the creation of the district is in the public
12-1 interest and is essential to:
12-2 (A) further the public purposes of the
12-3 development and diversification of the economy of the state; and
12-4 (B) eliminate unemployment and underemployment
12-5 and develop or expand transportation and commerce;
12-6 (2) the district will promote the health, safety, and
12-7 general welfare of residents, employers, employees, visitors,
12-8 consumers in the district, and the general public;
12-9 (3) the district will provide needed funding for the
12-10 Westchase area to preserve, maintain, and enhance the economic
12-11 health and vitality of the area as a community and business center;
12-12 and
12-13 (4) the district will further promote the health,
12-14 safety, welfare, and enjoyment of the public by providing
12-15 pedestrian ways and by landscaping and developing certain areas
12-16 within the district, which are necessary for the restoration,
12-17 preservation, and enhancement of scenic and aesthetic beauty.
12-18 (c) The legislature finds and determines that pedestrian
12-19 ways along or across a street, whether at grade or above or below
12-20 the surface, and street lighting, street landscaping, and street
12-21 art objects are parts of and necessary components of a street and
12-22 are considered to be a street or road improvement.
12-23 (d) The district will not act as the agent or
12-24 instrumentality of any private interest even though many private
12-25 interests will be benefited by the district, as will the general
12-26 public.
12-27 SECTION 7. APPLICATION OF OTHER LAW. Except as otherwise
13-1 provided by this Act, Chapter 375, Local Government Code, applies
13-2 to the district.
13-3 SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
13-4 construed in conformity with the legislative findings and purposes
13-5 stated in this Act.
13-6 SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district
13-7 is governed by a board of 17 directors who serve staggered
13-8 four-year terms.
13-9 (b) Subchapter D, Chapter 375, Local Government Code,
13-10 applies to the board to the extent that subchapter does not
13-11 conflict with this Act.
13-12 SECTION 10. INITIAL DIRECTORS. (a) The initial board
13-13 consists of the following persons:
13-14 Position Number Director
13-15 1 David J. Lee
13-16 2 Donna J. Flowers
13-17 3 Douglas L. Elliott
13-18 4 Steve Hilton
13-19 5 Ted M. Kerr
13-20 6 Fred S. Kummer, III
13-21 7 Candy A. Tillack
13-22 8 Bruce Wilkerson
13-23 9 Paul S. McDonald
13-24 10 Jack W. Michael
13-25 11 Michael W. Biggs
13-26 12 Andrew R. Lear
13-27 13 James R. Murphy
14-1 14 Mark Taylor
14-2 15 Don R. Mathis
14-3 16 ________________
14-4 17 ________________
14-5 (b) The initial directors for positions 1 through 8 serve
14-6 until June 1, 1997, and the initial directors for positions 9
14-7 through 17 serve until June 1, 1999.
14-8 SECTION 11. SUBSEQUENT DIRECTORS. The mayor and city
14-9 council of the city shall appoint subsequent directors from persons
14-10 recommended by the board.
14-11 SECTION 12. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. The
14-12 board may appoint nonvoting ex officio members to serve on the
14-13 board.
14-14 SECTION 13. POWERS OF DISTRICT. (a) The district has all
14-15 powers necessary or required to accomplish the purposes for which
14-16 the district was created.
14-17 (b) The district has the rights, powers, privileges,
14-18 authorities, and functions of a district created under Chapter 375,
14-19 Local Government Code.
14-20 (c) The district has the powers conferred on a corporation
14-21 under Section 4B, the Development Corporation Act of 1979 (Article
14-22 5190.6, Vernon's Texas Civil Statutes). The district may own,
14-23 operate, acquire, construct, lease, improve, and maintain projects
14-24 described by that section.
14-25 (d) The district may:
14-26 (1) levy ad valorem taxes, assessments, or impact fees
14-27 in accordance with Chapter 375, Local Government Code, to provide
15-1 improvements and services for a project or activity the district is
15-2 authorized to acquire, construct, improve, or provide under this
15-3 Act; and
15-4 (2) correct, add to, or delete assessments from its
15-5 assessment rolls after notice and hearing as provided by Subchapter
15-6 F, Chapter 375, Local Government Code.
15-7 (e) The district may not acquire property through eminent
15-8 domain.
15-9 (f) If the district, in exercising a power conferred by this
15-10 Act, requires a relocation, adjustment, raising, lowering,
15-11 rerouting, or changing the grade of or altering the construction of
15-12 any street, alley, highway, overpass, underpass, road, railroad
15-13 track, bridge, facility or property, electric line, conduit,
15-14 facility or property, telephone or telegraph line, conduit,
15-15 facility or property, gas transmission or distribution pipe,
15-16 pipeline, main, facility or property, water, sanitary sewer or
15-17 storm sewer pipe, pipeline, main, facility or property, cable
15-18 television line, cable, conduit, facility or property, or other
15-19 pipeline or facility or property relating to the pipeline, that
15-20 relocation, adjustment, raising, lowering, rerouting, changing of
15-21 grade, or altering of construction must be accomplished at the sole
15-22 cost and expense of the district, and the district shall bear
15-23 damages that are suffered by owners of the property or facilities.
15-24 SECTION 14. CONFLICTS WITH OTHER LAW. If any provision of a
15-25 law referenced in Section 13 of this Act is in conflict with or is
15-26 inconsistent with this Act, this Act prevails. Any law referenced
15-27 in this Act that is not in conflict or inconsistent with this Act
16-1 is adopted and incorporated by reference.
16-2 SECTION 15. REQUIREMENTS FOR FINANCING SERVICES AND
16-3 IMPROVEMENTS. The board may not finance services and improvement
16-4 projects under this Act unless a written petition requesting those
16-5 improvements or services has been filed with the board. The
16-6 petition must be signed by:
16-7 (1) the owners of a majority of the assessed value of
16-8 real property in the district as determined by the most recent
16-9 certified county property tax rolls; or
16-10 (2) at least 50 persons who own land within the
16-11 district, if there are more than 50 persons who own property in the
16-12 district as determined by the most recent certified county property
16-13 tax rolls.
16-14 SECTION 16. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
16-15 by resolution shall establish the number of directors' signatures
16-16 and the procedure required for a disbursement or transfer of the
16-17 district's money.
16-18 SECTION 17. BONDS. (a) The district may issue bonds or
16-19 other obligations payable in whole or in part from ad valorem
16-20 taxes, assessments, impact fees, revenues, grants, or other funds
16-21 of the district, or any combination of those funds, to pay for any
16-22 authorized purpose of the district.
16-23 (b) Bonds or other obligations of the district may be issued
16-24 in the form of bonds, notes, certificates of participation,
16-25 including other instruments evidencing a proportionate interest in
16-26 payments to be made by the district, or other obligations that are
16-27 issued in the exercise of the district's borrowing power and may be
17-1 issued in bearer or registered form or may be issued in a form not
17-2 represented by an instrument but with their transfer registered on
17-3 books maintained by or on behalf of the district.
17-4 (c) Except as provided by Subsection (d) of this section,
17-5 the district must obtain the city's approval of:
17-6 (1) the issuance of bonds for an improvement project;
17-7 and
17-8 (2) the plans and specifications of the improvement
17-9 project to be financed by the bonds.
17-10 (d) If the district obtains the city's approval of a capital
17-11 improvements budget for a specified period not to exceed five
17-12 years, the district may finance the capital improvements and issue
17-13 bonds specified in the budget without further city approval.
17-14 (e) Before the district issues bonds, the district shall
17-15 submit the bonds and the record of proceedings of the district
17-16 relating to authorization of the bonds to the attorney general for
17-17 approval as provided by Chapter 53, Acts of the 70th Legislature,
17-18 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
17-19 Statutes).
17-20 SECTION 18. ASSESSMENTS. (a) The board may levy and
17-21 collect an assessment for any purpose authorized by this Act.
17-22 (b) Assessments, reassessments or assessments resulting
17-23 from an addition to or correction of the assessment roll by the
17-24 district, penalties and interest on an assessment or reassessment,
17-25 expenses of collection, and reasonable attorney's fees incurred by
17-26 the district:
17-27 (1) are a first and prior lien against the property
18-1 assessed;
18-2 (2) are superior to any other lien or claim other than
18-3 a lien or claim for county, school district, or municipal ad
18-4 valorem taxes; and
18-5 (3) are the personal liability of and charge against
18-6 the owners of the property even if the owners are not named in the
18-7 assessment proceedings.
18-8 (c) The lien is effective from the date of the resolution of
18-9 the board levying the assessment until the assessment is paid. The
18-10 board may enforce the lien in the same manner that the board may
18-11 enforce an ad valorem tax lien against real property.
18-12 SECTION 19. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
18-13 district must obtain the city's approval of the plans and
18-14 specifications of any district improvement project related to the
18-15 use of land owned by the city, an easement granted by the city, or
18-16 a right-of-way of a street, road, or highway.
18-17 SECTION 20. ELECTIONS. (a) In addition to the elections
18-18 the district must hold under Subchapter L, Chapter 375, Local
18-19 Government Code, the district shall hold an election in the manner
18-20 provided by that subchapter to obtain voter approval before the
18-21 district imposes a maintenance tax or issues bonds payable from ad
18-22 valorem taxes or assessments.
18-23 (b) The board may submit multiple purposes in a single
18-24 proposition at an election.
18-25 SECTION 21. IMPACT FEES. The district may impose an impact
18-26 fee for an authorized purpose as provided by Subchapter G, Chapter
18-27 375, Local Government Code.
19-1 SECTION 22. MAINTENANCE TAX. (a) If authorized at an
19-2 election held in accordance with Section 20 of this Act, the
19-3 district may levy and collect an annual ad valorem tax on taxable
19-4 property in the district for the maintenance and operation of the
19-5 district and the improvements constructed or acquired by the
19-6 district or for the provision of services to industrial or
19-7 commercial businesses, residents, or property owners.
19-8 (b) The board shall determine the tax rate.
19-9 SECTION 23. DISSOLUTION OF DISTRICT. (a) The district may
19-10 be dissolved as provided in Subchapter M, Chapter 375, Local
19-11 Government Code.
19-12 (b) Notwithstanding Section 375.264, Local Government Code,
19-13 a district that has debt may be dissolved as provided by Subchapter
19-14 M, Chapter 375, Local Government Code. If the district has debt
19-15 and is dissolved, the district shall remain in existence solely for
19-16 the limited purpose of discharging its bonds or other obligations
19-17 according to their terms.
19-18 SECTION 24. CONTRACTS. (a) To protect the public interest,
19-19 the district may contract with the city or county for the provision
19-20 of law enforcement services by the county or city in the district
19-21 on a fee basis.
19-22 (b) The city, county, or any other political subdivision of
19-23 the state, without further authorization, may contract with the
19-24 district to implement a project of the district or aid and assist
19-25 the district in providing the services authorized under this Act.
19-26 A contract under this subsection may:
19-27 (1) be for a period on which the parties agree;
20-1 (2) include terms on which the parties agree;
20-2 (3) be payable from taxes or any other sources of
20-3 revenue that may be available for such purpose; or
20-4 (4) provide that taxes or other revenue collected at a
20-5 district project or from a person using or purchasing a commodity
20-6 or service at a district project may be paid or rebated to the
20-7 district under the terms of the contract.
20-8 (c) The district may enter into a contract, lease, or
20-9 agreement with or make or accept grants and loans to or from:
20-10 (1) the United States, including federal departments
20-11 and agencies;
20-12 (2) the state or a state agency;
20-13 (3) a county, municipality, or other political
20-14 subdivision of the state;
20-15 (4) a public or private corporation, including a
20-16 nonprofit corporation created by the board under other law; and
20-17 (5) any other person.
20-18 (d) The district may perform all acts necessary for the full
20-19 exercise of the powers vested in the district on terms and
20-20 conditions and for the term the board may determine to be
20-21 advisable.
20-22 SECTION 25. COMPETITIVE BIDDING. The district may enter a
20-23 contract for more than $25,000 for services, improvements, or the
20-24 purchase of materials, machinery, equipment, supplies, or other
20-25 property only as provided by Subchapter K, Chapter 375, Local
20-26 Government Code.
20-27 SECTION 26. NOTICE AND CONSENT. The legislature finds that:
21-1 (1) proper and legal notice of the intention to
21-2 introduce this Act, setting forth the general substance of this
21-3 Act, has been published as provided by law, and the notice and a
21-4 copy of this Act have been furnished to all persons, agencies,
21-5 officials, or entities to which they are required to be furnished
21-6 by the constitution and laws of this state, including the governor,
21-7 who has submitted the notice and a copy of this Act to the Texas
21-8 Natural Resource Conservation Commission;
21-9 (2) the Texas Natural Resource Conservation Commission
21-10 has filed its recommendations relating to this Act with the
21-11 governor, lieutenant governor, and speaker of the house of
21-12 representatives within the required time;
21-13 (3) the general law relating to consent by political
21-14 subdivisions to the creation of districts with conservation,
21-15 reclamation, and road powers and the inclusion of land in those
21-16 districts has been complied with; and
21-17 (4) all requirements of the constitution and laws of
21-18 this state and the rules and procedures of the legislature with
21-19 respect to the notice, introduction, and passage of this Act have
21-20 been fulfilled and accomplished.
21-21 SECTION 27. EFFECTIVE DATE. This Act takes effect September
21-22 1, 1995.
21-23 SECTION 28. EMERGENCY. The importance of this legislation
21-24 and the crowded condition of the calendars in both houses create an
21-25 emergency and an imperative public necessity that the
21-26 constitutional rule requiring bills to be read on three several
21-27 days in each house be suspended, and this rule is hereby suspended.