S.B. No. 1601
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.