By: Brown S.B. No. 1601 A BILL TO BE ENTITLED AN ACT 1-1 relating to the creation, administration, powers, and duties of the 1-2 Westchase Area Management District; granting the authority to issue 1-3 bonds; authorizing a tax. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. CREATION OF DISTRICT. (a) A special district in 1-6 Harris County to be known as the "Westchase Area Management 1-7 District" exists as a governmental agency, body politic and 1-8 corporate, and political subdivision of the state. 1-9 (b) The name of the district may be changed by resolution of 1-10 the board. 1-11 (c) The creation of the district is essential to accomplish 1-12 the purposes of Section 52, Article III, Section 59, Article XVI, 1-13 and Section 52-a, Article III, Texas Constitution, and other public 1-14 purposes stated in this Act. 1-15 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature 1-16 finds and declares that the creation of the district is necessary 1-17 to promote, develop, encourage, and maintain employment, commerce, 1-18 transportation, housing, tourism, recreation, arts, entertainment, 1-19 economic development, safety, and the public welfare in the 1-20 Westchase area of Harris County. 1-21 (b) It is the legislature's intent that the creation of the 1-22 district and this legislation not be interpreted to relieve Harris 1-23 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, Abstract 2-23 No. 854, the I.E. Wade Survey, Abstract No. 855, the E. Williams 2-24 Survey, Abstract No. 834, and the H. Woodruff Survey, Abstract No. 2-25 844, all located in Harris County, Texas, being more particularly 3-1 described by metes and bounds as follows: 3-2 BEGINNING AT A POINT being the most westerly southwest corner 3-3 of the Woodlake, Section 4 Subdivision described by plat recorded 3-4 in Vol. 174, Pg. 115 of the Map Records of the Harris County, being 3-5 also a point in the East line of South Gessner Road, originally 3-6 described in the instrument recorded in Vol. 6369, Pg. 234 of the 3-7 Deed Records of Harris County, 3-8 Thence in a northerly direction with the western boundary of 3-9 the Woodlake, Section 4 Subdivision and the East line of South 3-10 Gessner Road to the point of intersection with the easterly 3-11 projection of the South line of the Woodlake Townhouse Apartments 3-12 Parcel as described in the conveyance recorded in Vol. 8577, Pg. 38 3-13 of the Deed Records of Harris County, 3-14 Thence in a westerly direction along the easterly projection 3-15 of the South line of the Woodlake Townhouse Apartments Parcel and 3-16 then continuing with the South Line of the Woodlake Townhouse 3-17 Apartments Parcel to the southwest corner of that parcel, being 3-18 also a point in the West line of the Woodlake Section 5 3-19 Subdivision, being also a point in the West line of the J. D. 3-20 Taylor Survey, Abstract 72, 3-21 Thence in a southerly direction with the West line of the 3-22 J.D. Taylor Survey, Abstract 72 to the point of intersection with 3-23 the North right of way of Westheimer Road, also known as Texas Farm 3-24 to Market Road No. 1093, 3-25 Thence in a westerly direction with the North right of way 4-1 line of Westheimer Road, also known as Texas Farm to Market Road 4-2 No. 1093 to the point of intersection the East right of way of 4-3 Seagler Road, 4-4 Thence in a northerly direction with the East right of way 4-5 line of Seagler Road to the point of intersection with the easterly 4-6 projection of the North right of way line of Ella Lee Lane, 4-7 Thence in westerly direction with the easterly projection of 4-8 the North right of way line of Ella Lee Lane and then continuing 4-9 with the North right of way line of Ella Lee Lane to the point of 4-10 intersection with the East right of way line Beltway 8, also known 4-11 as the Sam Houston Tollway, 4-12 Thence in a northerly direction with the East right of way 4-13 line Beltway 8 to the point of intersection with the easterly 4-14 projection of the centerline of the right of way line of Deerwood 4-15 Drive as dedicated by plat for the Greentree Place Subdivision as 4-16 recorded in Vol. 228, Pg. 125 of the Map Records of Harris County, 4-17 Thence in a westerly direction with the easterly projection 4-18 of the centerline of the right of way of Deerwood Drive and then 4-19 continuing with the centerline of the right of way of Deerwood 4-20 Drive through a curve to the South to the point of intersection 4-21 with the easterly projection of the centerline of the right of way 4-22 of River View Drive as described by the plat of the Walnut Bend 4-23 Subdivision, Section 8, as recorded in Vol. 129, Pg. 59 of the Map 4-24 Records of Harris County, 4-25 Thence continuing in a westerly direction with the easterly 5-1 projection of the centerline of the right of way of River View 5-2 Drive to the West line of the Greentree Place Subdivision, being 5-3 also the West Line of the G.L. Bellows Survey, Abstract No. 3, 5-4 Thence in a southerly direction with the West line of the 5-5 G.L. Bellows Survey, Abstract No. 3, to the point of intersection 5-6 with the most easterly southeast corner of the Walnut Bend, Section 5-7 5 Subdivision as described by plat recorded in Vol. 89, Pg. 54 of 5-8 the Map Records of Harris County, 5-9 Thence in a westerly direction with the South line of the 5-10 Walnut Bend, Section 5 to a point in the East right of way line of 5-11 Blue Willow Drive, being also the southwest corner of lot 18, block 5-12 5 of Walnut Bend, Section 5 Subdivision, 5-13 Thence continuing in a westerly direction to a point in the 5-14 West right of way line of Blue Willow Drive, being also the 5-15 southeast corner of lot 17, block 17 of the Walnut Bend, Section 5 5-16 Subdivision, 5-17 Thence continuing in a westerly direction with the South line 5-18 of the Walnut Bend, Section 5 Subdivision to a point in the East 5-19 right of way line of Walnut Bend Lane, being also the southwest 5-20 corner of lot 1, block 17 of the Walnut Bend, Section 5 5-21 Subdivision, 5-22 Thence continuing in a westerly direction to a point in the 5-23 West right of way line of Walnut Bend Lane, being also the 5-24 southeast corner of lot 10, block 1 of the Walnut Bend, Section 5 5-25 Subdivision, 6-1 Thence in a westerly direction to the southwest corner of 6-2 said lot 10 block 1, being also the most westerly southwest corner 6-3 of the Walnut Bend, Section 5 Subdivision, being also a point in 6-4 the East line of lot 6, block 1 of the Lakeside Estates, Section 1 6-5 Subdivision as described by plat recorded in Vol. 152, Pg. 97 of 6-6 the Map Records of Harris County, 6-7 Thence in a southerly direction with the East line of the 6-8 Lakeside Estates, Section 1 Subdivision to the most easterly 6-9 southeast corner of said Lakeside Estates Section 1 Subdivision, 6-10 Thence in a westerly direction with the South line of the 6-11 Lakeside Estates, Section 1 Subdivision to a point in the East 6-12 right of way line of Lakeside Country Club, being also the 6-13 southwest corner of lot 1, block 1 of the Lakeside Estates, Section 6-14 1 Subdivision, 6-15 Thence continuing in a westerly direction to a point in the 6-16 west right of way line of Lakeside Country Club Drive, being also 6-17 the southeast corner of lot 10, block 2 of the Lakeside Estates, 6-18 Section 1 Subdivision, 6-19 Thence continuing in a westerly direction with the South line 6-20 of the Lakeside Estates, Section 1 Subdivision to a point in the 6-21 East right of way line of Wilcrest Drive, being also the southwest 6-22 corner of lot 1, block 2 of the Lakeside Estates, Section 1 6-23 Subdivision, 6-24 Thence in a northwesterly direction to a point in the West 6-25 right of way line of Wilcrest Drive, being also the northeast 7-1 corner of reserve lot A5 of the Lakeside Estates, Section 1 7-2 Subdivision, 7-3 Thence in a westerly direction with the North line of reserve 7-4 lot A5 of the Lakeside Estates, Section 1 Subdivision to the 7-5 northwest corner of that lot, 7-6 Thence in a southwesterly direction across a 150 foot wide 7-7 power line corridor owned by Houston Lighting and Power Company, as 7-8 described in instrument recorded in Vol. 1220, Pg. 519 of the Deed 7-9 Records of Harris County, to the Southeast corner of a 9.54 acre, 7-10 more or less, tract of land described in the instrument recorded 7-11 under Clerk's File No. M462865 of the Official Public Records of 7-12 Real Property of Harris County, 7-13 Thence in a westerly direction with the South line of that 7-14 9.54 acre parcel 782 feet, more or less, to the southwest corner of 7-15 9.54 acre parcel, being also a point in the East right of way line 7-16 of Hayes Road, 7-17 Thence continuing in a westerly direction to a point in the 7-18 West right of way line of Hayes Road, being also the southeast 7-19 corner of the Village West, Section 2 Subdivision, as described by 7-20 plat recorded in Vol. 250, Pg. 1 of the Map Records of Harris 7-21 County, 7-22 Thence continuing in a westerly direction with the South line 7-23 of Village West, Section 2 Subdivision to the southwest corner of 7-24 that subdivision South line of Village West, Section 2 Subdivision, 7-25 Thence continuing in a westerly direction with a westerly 8-1 projection of the South line of Village West, Section 2 Subdivision 8-2 to the point of intersection with the West right of way line of 8-3 Woodland Park Drive, 8-4 Thence in a southerly direction with the West right of way 8-5 line of Woodland Park Drive to the point of intersection with the 8-6 North right of way line of Westheimer Road, also known as Texas 8-7 Farm to Market Road No. 1093, 8-8 Thence in westerly direction with the North right of way line 8-9 of Westheimer Road to the point of intersection with the northerly 8-10 projection of the West line of the Westchase Section 18 subdivision 8-11 as described in Vol. 291, Pg. 49 of the Map Records of Harris 8-12 County, 8-13 Thence in a southerly direction with the northerly projection 8-14 of the West line of the Westchase Section 18 subdivision, and then 8-15 continuing in a southerly direction with the West line of the 8-16 Westchase Section 18 subdivision to the southwest corner of that 8-17 subdivision, being also a point in the North right of way line of 8-18 Richmond Avenue, 8-19 Thence continuing in a southerly direction to a point in the 8-20 South right of way line of Richmond Avenue, being also the 8-21 northwest corner of the Westchase Section 17 subdivision as 8-22 described in Vol. 294, Pg. 3 of the Map Records of Harris County, 8-23 Thence continuing in a southerly direction with the West line 8-24 of the Westchase Section 17 to the southwest corner of that 8-25 subdivision, 9-1 Thence in an easterly direction with the South line of the 9-2 Westchase Section 17 subdivision to the southeast corner reserve 9-3 lot "B" of the Westchase Section 17 subdivision, 9-4 Thence continuing in a easterly direction 150 feet, more or 9-5 less, crossing the power line corridor owned by Houston Lighting 9-6 and Power Company, to the southwest corner of reserve lot "C" of 9-7 Westchase Section 17, 9-8 Thence continuing in an easterly direction with the South 9-9 line of reserve lot "C" of Westchase Section 17 to the southeast 9-10 corner of that parcel, being also a point in the West right of way 9-11 line of Wilcrest Drive, 9-12 Thence in a southerly direction with the West right of way 9-13 line of Wilcrest Drive to the point of intersection with the South 9-14 line of the Southern Pacific Railroad right of way, formerly known 9-15 as the Texas & New Orleans Railroad right of way, said point being 9-16 also the northeast corner of Unrestricted Reserve "A" of the 9-17 Briarleaf Section 2 Subdivision, as described by plat recorded in 9-18 Volume 287, Pg. 12 of the Map Records of Harris County, 9-19 Thence in an easterly direction with the South line of the 9-20 Southern Pacific Railroad right of way to the point of intersection 9-21 with the East right of way line of South Gessner Road, 9-22 Thence in a northerly direction with the East right of way 9-23 line of South Gessner Road to the point of intersection with the 9-24 North line of the Tanglewilde, Section 1 Subdivision as described 9-25 by plat recorded in Vol. 49, Pg. 25 of the Map Records of Harris 10-1 County, 10-2 Thence in an easterly direction with the North line of the 10-3 Tanglewilde, Section 1 Subdivision to the northeast corner of lot 10-4 16, block 1 of the Tanglewilde, Section 1 Subdivision, 10-5 Thence continuing in an easterly direction to the most 10-6 westerly southwest corner of that certain 7.0276 acre, more or 10-7 less, parcel of land more particularly described by metes and 10-8 bounds in the instrument recorded under County Clerk's File No. 10-9 R247328 of the Official Public Records of Real Property of Harris 10-10 County, 10-11 Thence continuing in an easterly direction with the South 10-12 line of the said 7.0276 acre parcel 328 feet, more or less, to an 10-13 interior corner of that parcel, 10-14 Thence in a southerly direction with a westerly line of the 10-15 said 7.0276 acre parcel, 106.41 feet, more or less, to a southwest 10-16 corner of that parcel, being also a point in the North line of the 10-17 Tanglewilde, Section 1 Subdivision, 10-18 Thence in an easterly direction with the North line of the 10-19 Tanglewilde, Section 1 Subdivision, 441.71 feet, more or less, to 10-20 an interior corner of that subdivision, being also a point in the 10-21 West right of way line of Rockyridge Drive, 10-22 Thence in a northerly direction with the West right of way 10-23 line of Rockyridge Drive to the point of intersection with the 10-24 westerly projection of the North line of lot 1, block four of the 10-25 Tanglewilde Section 1 Subdivision, 11-1 Thence in an easterly direction with the westerly projection 11-2 of the North line of lot 1, block four of the Tanglewilde Section 1 11-3 Subdivision to the northwest corner of that lot 1, block four, 11-4 Thence continuing in an easterly direction with the North 11-5 line of lot 1, block four of the Tanglewilde Section 1 Subdivision 11-6 to the northeast corner of that lot, being also a point in the West 11-7 line of the replatted Westmont Subdivision as described by plat 11-8 recorded in Vol. 75, Pg. 50 of the Map Records of Harris County, 11-9 Thence in a northerly direction with the West line of the 11-10 replatted Westmont Subdivision to the northwest corner of said 11-11 replatted Westmont Subdivision, 11-12 Thence in an easterly direction with the North line of the 11-13 replatted Westmont Subdivision to the point of intersection with 11-14 the centerline of Westerland Drive, 11-15 Thence in a northerly direction with the centerline of 11-16 Westerland Drive to the point of intersection with the easterly 11-17 projection of the North right of way line of Ella Lee Lane, 11-18 Thence in a westerly direction with the easterly projection 11-19 of the North right of way line of Ella Lee Lane and continuing with 11-20 the North right of way line of Ella Lee Lane to the POINT OF 11-21 BEGINNING. 11-22 SAVE AND EXCEPT THE FOLLOWING PARCELS OF LAND: 11-23 That certain parcel of land containing approximately 6.7912 11-24 acres, in the Henry Woodruff Survey, Abstract No. 844, described in 11-25 deed dated June 29, 1979, from Southern Pacific Transportation 12-1 Company, as grantor to Crystal Chemical Company, as grantee, 12-2 recorded under County Clerk's File Number G154538 of the Official 12-3 Public Records of Real Property of Harris, County, Texas, 12-4 That certain parcel of land containing approximately 99.542 12-5 acres, in the George Bellows Survey, Abstract No. 3, described in 12-6 deed dated April 30, 1987, from Dresser Industries, Inc., as 12-7 grantor to Western Atlas International, Inc., as grantee, recorded 12-8 under County Clerk's File Number L169978 of the Official Public 12-9 Records of Real Property of Harris, County, Texas, 12-10 The Condominium project known as Westchase Gardens originally 12-11 described by declaration filed in Volume 109, PAGE 48 of the 12-12 Condominium Records of Harris County, Texas, 12-13 The Condominium project known as Terra Courtyard Condominiums 12-14 described by declaration filed in Volume 110, PAGE 124 of the 12-15 Condominium Records of Harris County, Texas, 12-16 The Condominium projects known as River Stone I, II and III 12-17 originally described by declaration filed in Volume 100, PAGE 137 12-18 of the Condominium Records of Harris County, Texas, and amended by 12-19 declaration filed in Volume 101, PAGE 79 of the Condominium Records 12-20 of Harris County, Texas, 12-21 The Condominium project known as Townhomes at Westchase 12-22 Condominiums described by declaration originally filed in Volume 12-23 77, PAGE 1 and subsequently amended by declarations file in Volume 12-24 85, Page 40 and Volume 164, Page 21 of the Condominium Records of 12-25 Harris County, Texas, 13-1 The Condominium project known as The Elm Grove Condominium 13-2 described by declaration filed in Volume 85, PAGE 41 of the 13-3 Condominium Records of Harris County, Texas, 13-4 The Condominium project known as Doma Chase Condominium 13-5 described by declaration filed in Volume 88, PAGE 82 of the 13-6 Condominium Records of Harris County, Texas, 13-7 The Condominium project known as Westchase Forest Townhomes 13-8 described by declaration filed in Volume 144, PAGE 88 of the 13-9 Condominium Records of Harris County, Texas, 13-10 The Condominium project known as Westchase Forest Townhomes 13-11 described by declaration filed in Volume 145, PAGE 98 of the 13-12 Condominium Records of Harris County, Texas, 13-13 The Condominium project known as Westchase Forest Townhomes 13-14 described by declaration filed in Volume 152, PAGE 39 of the 13-15 Condominium Records of Harris County, Texas, 13-16 The Condominium project known as Parkwest Place Condominiums 13-17 described by declaration filed in Volume 160, PAGE 28 of the 13-18 Condominium Records of Harris County, Texas, 13-19 The Condominium project known as Woodchase Village 13-20 Condominiums described by declaration filed in Volume 92, PAGE 128 13-21 of the Condominium Records of Harris County, Texas, 13-22 The Condominium project known as Meadowridge described by 13-23 declaration filed in Volume 123, PAGE 51 of the Condominium Records 13-24 of Harris County, Texas, 13-25 The Condominium project known as SunStream Villas, A 14-1 Condominium Community described by declaration filed in Volume 90, 14-2 PAGE 1 of the Condominium Records of Harris County, Texas, 14-3 The Residential Subdivision known as Sunridge Villas 14-4 described by declaration filed in Volume 290, PAGE 70 of the Map 14-5 Records of Harris County, Texas, 14-6 The Condominium project known as Sunridge Villas II 14-7 Condominiums described by declaration filed in Volume 134, PAGE 81 14-8 of the Condominium Records of Harris County, Texas, 14-9 The Condominium project known as Idlewood described by 14-10 declaration filed in Volume 59, PAGE 23 of the Condominium Records 14-11 of Harris County, Texas, 14-12 The Residential Subdivision known as Wind River Park Townhome 14-13 Apartments described by declaration filed in Volume 265, PAGE 42 of 14-14 the Map Records of Harris County, Texas. 14-15 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature 14-16 finds that the boundaries and field notes of the district form a 14-17 closure. If a mistake is made in the field notes or in copying the 14-18 field notes in the legislative process, the mistake does not in any 14-19 way affect the: 14-20 (1) organization, existence, and validity of the 14-21 district; 14-22 (2) right of the district to issue any type of bonds 14-23 or refunding bonds for the purposes for which the district is 14-24 created or to pay the principal of and interest on the bonds; 14-25 (3) right of the district to levy and collect 15-1 assessments or taxes; or 15-2 (4) legality or operation of the district or its 15-3 governing body. 15-4 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The 15-5 legislature finds that all of the land and other property included 15-6 within the boundaries of the district will be benefited by the 15-7 improvements and services to be provided by the district under 15-8 powers conferred by Section 52, Article III, Section 59, Article 15-9 XVI, and Section 52-a, Article III, Texas Constitution, and other 15-10 powers granted under this Act, and that the district is created to 15-11 serve a public use and benefit. 15-12 (b) The legislature finds that: 15-13 (1) the creation of the district is in the public 15-14 interest and is essential to: 15-15 (A) further the public purposes of the 15-16 development and diversification of the economy of the state; and 15-17 (B) eliminate unemployment and underemployment 15-18 and develop or expand transportation and commerce; 15-19 (2) the district will promote the health, safety, and 15-20 general welfare of residents, employers, employees, visitors, 15-21 consumers in the district, and the general public; 15-22 (3) the district will provide needed funding for the 15-23 Westchase area to preserve, maintain, and enhance the economic 15-24 health and vitality of the area as a community and business center; 15-25 and 16-1 (4) the district will further promote the health, 16-2 safety, welfare, and enjoyment of the public by providing 16-3 pedestrian ways and by landscaping and developing certain areas 16-4 within the district, which are necessary for the restoration, 16-5 preservation, and enhancement of scenic and aesthetic beauty. 16-6 (c) The legislature finds and determines that pedestrian 16-7 ways along or across a street, whether at grade or above or below 16-8 the surface, and street lighting, street landscaping, and street 16-9 art objects are parts of and necessary components of a street and 16-10 are considered to be a street or road improvement. 16-11 (d) The district will not act as the agent or 16-12 instrumentality of any private interest even though many private 16-13 interests will be benefited by the district, as will the general 16-14 public. 16-15 SECTION 7. APPLICATION OF OTHER LAW. Except as otherwise 16-16 provided by this Act, Chapter 375, Local Government Code, applies 16-17 to the district. 16-18 SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally 16-19 construed in conformity with the legislative findings and purposes 16-20 stated in this Act. 16-21 SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district 16-22 is governed by a board of 17 directors who serve staggered 16-23 four-year terms. 16-24 (b) Subchapter D, Chapter 375, Local Government Code, 16-25 applies to the board to the extent that subchapter does not 17-1 conflict with this Act. 17-2 SECTION 10. INITIAL DIRECTORS. (a) The initial board 17-3 consists of the following persons: 17-4 Position Number Director 17-5 1 Paul S. McDonald 17-6 2 Don R. Mathis 17-7 3 Donna J. Flowers 17-8 4 Steve Hilton 17-9 5 Bruce Wilkerson 17-10 6 James R. Murphy 17-11 9 Jack W. Michael 17-12 10 Mark Taylor 17-13 11 Michael W. Biggs 17-14 12 Ted M. Kerr 17-15 13 David J. Lee 17-16 14 Douglas L. Elliott 17-17 15 Candy A. Tillack 17-18 16 Fred S. Kummer III 17-19 17 Andrew R. Lear 17-20 (b) The board shall appoint the initial directors for 17-21 positions 7 and 8. 17-22 (c) The terms of the initial directors for positions 1 17-23 through 8 expire June 1, 1997, and the terms of the initial 17-24 directors for positions 9 through 17 expire June 1, 1999. 17-25 SECTION 11. SUBSEQUENT DIRECTORS. The mayor and city 18-1 council of the city shall appoint subsequent directors from persons 18-2 recommended by the board. A vacancy in the office of director 18-3 because of the death, resignation, or removal of a director shall 18-4 be filled by the remaining members of the board by appointing a 18-5 qualified person for the unexpired term. The mayor and city 18-6 council of the city shall appoint as subsequent directors for the 18-7 positions indicated persons representing the following interests: 18-8 (1) positions 1, 11, and 12 must represent owners of 18-9 multifamily rental housing with a minimum of 200 rental units; 18-10 (2) position 2 must be a lessee of office space of at 18-11 least 30,000 square feet of rentable area; 18-12 (3) positions 9 and 10 must represent owners of office 18-13 facilities with a minimum of 500 employees or taxable value in 18-14 excess of $10 million; 18-15 (4) positions 8, 13, and 14 must represent owners of 18-16 multitenant office buildings; 18-17 (5) position 15 must represent owners of multitenant 18-18 retail property or major retail tenants of 20,000 square feet or 18-19 more; 18-20 (6) position 16 must represent owners of temporary 18-21 lodging facilities with on-site food service; 18-22 (7) position 17 must represent owners of undeveloped 18-23 property with a contiguous area of 5 acres or more; and 18-24 (8) positions 3, 4, 5, 6, and 7 must represent the 18-25 district at large and any person qualified to serve on the board as 19-1 provided by Section 375.063, Local Government Code, may be 19-2 appointed for those positions. 19-3 SECTION 12. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. The 19-4 board may appoint nonvoting ex officio members to serve on the 19-5 board. 19-6 SECTION 13. POWERS OF DISTRICT. (a) The district has all 19-7 powers necessary or required to accomplish the purposes for which 19-8 the district was created. 19-9 (b) The district has the rights, powers, privileges, 19-10 authorities, and functions of a district created under Chapter 375, 19-11 Local Government Code. 19-12 (c) The district has the powers conferred on a corporation 19-13 under Section 4B, the Development Corporation Act of 1979 (Article 19-14 5190.6, Vernon's Texas Civil Statutes). The district may own, 19-15 operate, acquire, construct, lease, improve, and maintain projects 19-16 described by that section. 19-17 (d) The district may: 19-18 (1) levy ad valorem taxes, assessments, or impact fees 19-19 in accordance with Chapter 375, Local Government Code, to provide 19-20 improvements and services for a project or activity the district is 19-21 authorized to acquire, construct, improve, or provide under this 19-22 Act; and 19-23 (2) correct, add to, or delete assessments from its 19-24 assessment rolls after notice and hearing as provided by Subchapter 19-25 F, Chapter 375, Local Government Code. 20-1 (e) The district may not acquire property through eminent 20-2 domain. 20-3 (f) The district may not levy a sales and use tax. 20-4 (g) If the district, in exercising a power conferred by this 20-5 Act, requires a relocation, adjustment, raising, lowering, 20-6 rerouting, or changing the grade of or altering the construction of 20-7 any street, alley, highway, overpass, underpass, road, railroad 20-8 track, bridge, facility or property, electric line, conduit, 20-9 facility or property, telephone or telegraph line, conduit, 20-10 facility or property, gas transmission or distribution pipe, 20-11 pipeline, main, facility or property, water, sanitary sewer or 20-12 storm sewer pipe, pipeline, main, facility or property, cable 20-13 television line, cable, conduit, facility or property, or other 20-14 pipeline or facility or property relating to the pipeline, that 20-15 relocation, adjustment, raising, lowering, rerouting, changing of 20-16 grade, or altering of construction must be accomplished at the sole 20-17 cost and expense of the district, and the district shall bear 20-18 damages that are suffered by owners of the property or facilities. 20-19 SECTION 14. CONFLICTS WITH OTHER LAW. If any provision of a 20-20 law referred to in Section 13 of this Act is in conflict with or is 20-21 inconsistent with this Act, this Act prevails. Any law referred to 20-22 in this Act that is not in conflict or inconsistent with this Act 20-23 is adopted and incorporated by reference. 20-24 SECTION 15. REQUIREMENTS FOR FINANCING SERVICES AND 20-25 IMPROVEMENTS. The board may not finance services and improvement 21-1 projects under this Act unless a written petition requesting those 21-2 improvements or services has been filed with the board. The 21-3 petition must be signed by: 21-4 (1) the owners of a majority of the assessed value of 21-5 real property in the district as determined by the most recent 21-6 certified county property tax rolls; or 21-7 (2) at least 50 persons who own property within the 21-8 district, if there are more than 50 persons who own property in the 21-9 district as determined by the most recent certified county property 21-10 tax rolls. 21-11 SECTION 16. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board 21-12 by resolution shall establish the number of directors' signatures 21-13 and the procedure required for a disbursement or transfer of the 21-14 district's money. 21-15 SECTION 17. BONDS. (a) The district may issue bonds or 21-16 other obligations payable in whole or in part from ad valorem 21-17 taxes, assessments, impact fees, revenues, grants, or other funds 21-18 of the district, or any combination of those funds, to pay for any 21-19 authorized purpose of the district. 21-20 (b) Bonds or other obligations of the district may be issued 21-21 in the form of bonds, notes, certificates of participation, 21-22 including other instruments evidencing a proportionate interest in 21-23 payments to be made by the district, or other obligations that are 21-24 issued in the exercise of the district's borrowing power and may be 21-25 issued in bearer or registered form or may be issued in a form not 22-1 represented by an instrument but with their transfer registered on 22-2 books maintained by or on behalf of the district. 22-3 (c) Except as provided by Subsection (d) of this section, 22-4 the district must obtain the city's approval of: 22-5 (1) the issuance of bonds for an improvement project; 22-6 and 22-7 (2) the plans and specifications of the improvement 22-8 project to be financed by the bonds. 22-9 (d) If the district obtains the city's approval of a capital 22-10 improvements budget for a specified period not to exceed five 22-11 years, the district may finance the capital improvements and issue 22-12 bonds specified in the budget without further city approval. 22-13 (e) Before the district issues bonds, the district shall 22-14 submit the bonds and the record of proceedings of the district 22-15 relating to authorization of the bonds to the attorney general for 22-16 approval as provided by Chapter 53, Acts of the 70th Legislature, 22-17 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil 22-18 Statutes). 22-19 SECTION 18. ASSESSMENTS. (a) The board may levy and 22-20 collect an assessment for any purpose authorized by this Act. 22-21 (b) Assessments, reassessments, or assessments resulting 22-22 from an addition to or correction of the assessment roll by the 22-23 district, penalties and interest on an assessment or reassessment, 22-24 expenses of collection, and reasonable attorney's fees incurred by 22-25 the district: 23-1 (1) are a first and prior lien against the property 23-2 assessed; 23-3 (2) are superior to any other lien or claim other than 23-4 a lien or claim for county, school district, or municipal ad 23-5 valorem taxes; and 23-6 (3) are the personal liability of and charge against 23-7 the owners of the property even if the owners are not named in the 23-8 assessment proceedings. 23-9 (c) The lien is effective from the date of the resolution of 23-10 the board levying the assessment until the assessment is paid. The 23-11 board may enforce the lien in the same manner that the board may 23-12 enforce an ad valorem tax lien against real property. 23-13 (d) The district may not impose an assessment on the 23-14 property, equipment, or facilities of a public utility, as defined 23-15 by Section 3(c), Public Utility Regulatory Act (Article 1446c, 23-16 Vernon's Texas Civil Statutes). 23-17 SECTION 19. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The 23-18 district must obtain the city's approval of the plans and 23-19 specifications of any district improvement project related to the 23-20 use of land owned by the city, an easement granted by the city, or 23-21 a right-of-way of a street, road, or highway. 23-22 SECTION 20. ELECTIONS. (a) In addition to the elections 23-23 the district must hold under Subchapter L, Chapter 375, Local 23-24 Government Code, the district shall hold an election in the manner 23-25 provided by that subchapter to obtain voter approval before the 24-1 district imposes a maintenance tax or issues bonds payable from ad 24-2 valorem taxes or assessments. 24-3 (b) The board may submit multiple purposes in a single 24-4 proposition at an election. 24-5 (c) The board may not call an election under this Act unless 24-6 a written petition requesting an election has been filed with the 24-7 board. The petition must be signed by: 24-8 (1) the owners of a majority of the assessed value of 24-9 real property in the district as determined by the most recent 24-10 certified county property tax rolls; or 24-11 (2) at least 50 persons who own property within the 24-12 district, if there are more than 50 persons who own property in the 24-13 district as determined by the most recent certified county property 24-14 tax rolls. 24-15 SECTION 21. IMPACT FEES. (a) The district may impose an 24-16 impact fee for an authorized purpose as provided by Subchapter G, 24-17 Chapter 375, Local Government Code. 24-18 (b) The district may not impose an impact fee on the 24-19 property, equipment, or facilities of a public utility as defined 24-20 by Section 3(c), Public Utility Regulatory Act (Article 1446c, 24-21 Vernon's Texas Civil Statutes). 24-22 SECTION 22. MAINTENANCE TAX. (a) If authorized at an 24-23 election held in accordance with Section 20 of this Act, the 24-24 district may levy and collect an annual ad valorem tax on taxable 24-25 property in the district for the maintenance and operation of the 25-1 district and the improvements constructed or acquired by the 25-2 district or for the provision of services to industrial or 25-3 commercial businesses, residents, or property owners. 25-4 (b) The board shall determine the tax rate. 25-5 SECTION 23. DISSOLUTION OF DISTRICT. (a) The district may 25-6 be dissolved as provided in Subchapter M, Chapter 375, Local 25-7 Government Code. 25-8 (b) Notwithstanding Section 375.264, Local Government Code, 25-9 a district that has debt may be dissolved as provided by Subchapter 25-10 M, Chapter 375, Local Government Code. If the district has debt 25-11 and is dissolved, the district shall remain in existence solely for 25-12 the limited purpose of discharging its bonds or other obligations 25-13 according to their terms. 25-14 SECTION 24. CONTRACTS. (a) To protect the public interest, 25-15 the district may contract with the city or county for the provision 25-16 of law enforcement services by the county or city in the district 25-17 on a fee basis. 25-18 (b) The city, county, or any other political subdivision of 25-19 the state, without further authorization, may contract with the 25-20 district to implement a project of the district or aid and assist 25-21 the district in providing the services authorized under this Act. 25-22 A contract under this subsection may: 25-23 (1) be for a period on which the parties agree; 25-24 (2) include terms on which the parties agree; 25-25 (3) be payable from taxes or any other sources of 26-1 revenue that may be available for such purpose; or 26-2 (4) provide that taxes or other revenue collected at a 26-3 district project or from a person using or purchasing a commodity 26-4 or service at a district project may be paid or rebated to the 26-5 district under the terms of the contract. 26-6 (c) The district may enter into a contract, lease, or 26-7 agreement with or make or accept grants and loans to or from: 26-8 (1) the United States, including federal departments 26-9 and agencies; 26-10 (2) the state or a state agency; 26-11 (3) a county, municipality, or other political 26-12 subdivision of the state; 26-13 (4) a public or private corporation, including a 26-14 nonprofit corporation created by the board under other law; and 26-15 (5) any other person. 26-16 (d) The district may perform all acts necessary for the full 26-17 exercise of the powers vested in the district on terms and 26-18 conditions and for the term the board may determine to be 26-19 advisable. 26-20 SECTION 25. COMPETITIVE BIDDING. The district may enter a 26-21 contract for more than $10,000 for services, improvements, or the 26-22 purchase of materials, machinery, equipment, supplies, or other 26-23 property only as provided by Subchapter K, Chapter 375, Local 26-24 Government Code. 26-25 SECTION 26. NOTICE AND CONSENT. The legislature finds that: 27-1 (1) proper and legal notice of the intention to 27-2 introduce this Act, setting forth the general substance of this 27-3 Act, has been published as provided by law, and the notice and a 27-4 copy of this Act have been furnished to all persons, agencies, 27-5 officials, or entities to which they are required to be furnished 27-6 by the constitution and laws of this state, including the governor, 27-7 who has submitted the notice and a copy of this Act to the Texas 27-8 Natural Resource Conservation Commission; 27-9 (2) the Texas Natural Resource Conservation Commission 27-10 has filed its recommendations relating to this Act with the 27-11 governor, lieutenant governor, and speaker of the house of 27-12 representatives within the required time; 27-13 (3) the general law relating to consent by political 27-14 subdivisions to the creation of districts with conservation, 27-15 reclamation, and road powers and the inclusion of land in those 27-16 districts has been complied with; and 27-17 (4) all requirements of the constitution and laws of 27-18 this state and the rules and procedures of the legislature with 27-19 respect to the notice, introduction, and passage of this Act have 27-20 been fulfilled and accomplished. 27-21 SECTION 27. EMERGENCY. The importance of this legislation 27-22 and the crowded condition of the calendars in both houses create an 27-23 emergency and an imperative public necessity that the 27-24 constitutional rule requiring bills to be read on three several 27-25 days in each house be suspended, and this rule is hereby suspended, 28-1 and that this Act take effect and be in force from and after its 28-2 passage, and it is so enacted.