1-1 By: Brown S.B. No. 1601
1-2 (In the Senate - Filed March 20, 1995; March 22, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 20, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 20, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1601 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the creation, administration, powers, and duties of the
1-11 Westchase Area Management District; granting the authority to issue
1-12 bonds; authorizing a tax.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. CREATION OF DISTRICT. (a) A special district in
1-15 Harris County to be known as the "Westchase Area Management
1-16 District" exists as a governmental agency, body politic and
1-17 corporate, and political subdivision of the state.
1-18 (b) The name of the district may be changed by resolution of
1-19 the board.
1-20 (c) The creation of the district is essential to accomplish
1-21 the purposes of Section 52, Article III, Section 59, Article XVI,
1-22 and Section 52-a, Article III, Texas Constitution, and other public
1-23 purposes stated in this Act.
1-24 SECTION 2. LEGISLATIVE DECLARATION. (a) The legislature
1-25 finds and declares that the creation of the district is necessary
1-26 to promote, develop, encourage, and maintain employment, commerce,
1-27 transportation, housing, tourism, recreation, arts, entertainment,
1-28 economic development, safety, and the public welfare in the
1-29 Westchase area of Harris County.
1-30 (b) It is the legislature's intent that the creation of the
1-31 district and this legislation not be interpreted to relieve Harris
1-32 County or the City of Houston from providing the present level of
1-33 services to the area included within the district or to release the
1-34 county or the city from the obligations each entity has to provide
1-35 services to that area. The district is created to supplement and
1-36 not supplant the city or county services provided in the area
1-37 included within the district.
1-38 (c) The legislature finds and intends that by creating the
1-39 district and in authorizing the city, county, and other political
1-40 subdivisions to contract with the district the legislature has
1-41 established a program to accomplish the public purposes set out in
1-42 Section 52-a, Article III, Texas Constitution.
1-43 SECTION 3. DEFINITIONS. In this Act:
1-44 (1) "Board" means the board of directors of the
1-45 district.
1-46 (2) "District" means the Westchase Area Management
1-47 District.
1-48 (3) "City" means the City of Houston, Texas.
1-49 (4) "County" means Harris County, Texas.
1-50 SECTION 4. BOUNDARIES. The district includes all the
1-51 territory contained within the following described area:
1-52 Being 2,460 acres, more or less, out of the G.L. Bellows
1-53 Survey, Abstract No. 3, the C. Ennis Survey, Abstract No. 253, the
1-54 J.D. Taylor Survey, Abstract No. 72, the I.E. Wade Survey, Abstract
1-55 No. 854, the I.E. Wade Survey, Abstract No. 855, the E. Williams
1-56 Survey, Abstract No. 834, and the H. Woodruff Survey, Abstract No.
1-57 844, all located in Harris County, Texas, being more particularly
1-58 described by metes and bounds as follows:
1-59 BEGINNING AT A POINT being the most westerly southwest corner
1-60 of the Woodlake, Section 4 Subdivision described by plat recorded
1-61 in Vol. 174, Pg. 115 of the Map Records of the Harris County, being
1-62 also a point in the East line of South Gessner Road, originally
1-63 described in the instrument recorded in Vol. 6369, Pg. 234 of the
1-64 Deed Records of Harris County,
1-65 Thence in a northerly direction with the western boundary of
1-66 the Woodlake, Section 4 Subdivision and the East line of South
1-67 Gessner Road to the point of intersection with the easterly
1-68 projection of the South line of the Woodlake Townhouse Apartments
2-1 Parcel as described in the conveyance recorded in Vol. 8577, Pg. 38
2-2 of the Deed Records of Harris County,
2-3 Thence in a westerly direction along the easterly projection
2-4 of the South line of the Woodlake Townhouse Apartments Parcel and
2-5 then continuing with the South Line of the Woodlake Townhouse
2-6 Apartments Parcel to the southwest corner of that parcel, being
2-7 also a point in the West line of the Woodlake Section 5
2-8 Subdivision, being also a point in the West line of the J. D.
2-9 Taylor Survey, Abstract 72,
2-10 Thence in a southerly direction with the West line of the
2-11 J.D. Taylor Survey, Abstract 72 to the point of intersection with
2-12 the North right of way of Westheimer Road, also known as Texas Farm
2-13 to Market Road No. 1093,
2-14 Thence in a westerly direction with the North right of way
2-15 line of Westheimer Road, also known as Texas Farm to Market Road
2-16 No. 1093 to the point of intersection the East right of way of
2-17 Seagler Road,
2-18 Thence in a northerly direction with the East right of way
2-19 line of Seagler Road to the point of intersection with the easterly
2-20 projection of the North right of way line of Ella Lee Lane,
2-21 Thence in westerly direction with the easterly projection of
2-22 the North right of way line of Ella Lee Lane and then continuing
2-23 with the North right of way line of Ella Lee Lane to the point of
2-24 intersection with the East right of way line Beltway 8, also known
2-25 as the Sam Houston Tollway,
2-26 Thence in a northerly direction with the East right of way
2-27 line Beltway 8 to the point of intersection with the easterly
2-28 projection of the centerline of the right of way line of Deerwood
2-29 Drive as dedicated by plat for the Greentree Place Subdivision as
2-30 recorded in Vol. 228, Pg. 125 of the Map Records of Harris County,
2-31 Thence in a westerly direction with the easterly projection
2-32 of the centerline of the right of way of Deerwood Drive and then
2-33 continuing with the centerline of the right of way of Deerwood
2-34 Drive through a curve to the South to the point of intersection
2-35 with the easterly projection of the centerline of the right of way
2-36 of River View Drive as described by the plat of the Walnut Bend
2-37 Subdivision, Section 8, as recorded in Vol. 129, Pg. 59 of the Map
2-38 Records of Harris County,
2-39 Thence continuing in a westerly direction with the easterly
2-40 projection of the centerline of the right of way of River View
2-41 Drive to the West line of the Greentree Place Subdivision, being
2-42 also the West Line of the G.L. Bellows Survey, Abstract No. 3,
2-43 Thence in a southerly direction with the West line of the
2-44 G.L. Bellows Survey, Abstract No. 3, to the point of intersection
2-45 with the most easterly southeast corner of the Walnut Bend, Section
2-46 5 Subdivision as described by plat recorded in Vol. 89, Pg. 54 of
2-47 the Map Records of Harris County,
2-48 Thence in a westerly direction with the South line of the
2-49 Walnut Bend, Section 5 to a point in the East right of way line of
2-50 Blue Willow Drive, being also the southwest corner of lot 18, block
2-51 5 of Walnut Bend, Section 5 Subdivision,
2-52 Thence continuing in a westerly direction to a point in the
2-53 West right of way line of Blue Willow Drive, being also the
2-54 southeast corner of lot 17, block 17 of the Walnut Bend, Section 5
2-55 Subdivision,
2-56 Thence continuing in a westerly direction with the South line
2-57 of the Walnut Bend, Section 5 Subdivision to a point in the East
2-58 right of way line of Walnut Bend Lane, being also the southwest
2-59 corner of lot 1, block 17 of the Walnut Bend, Section 5
2-60 Subdivision,
2-61 Thence continuing in a westerly direction to a point in the
2-62 West right of way line of Walnut Bend Lane, being also the
2-63 southeast corner of lot 10, block 1 of the Walnut Bend, Section 5
2-64 Subdivision,
2-65 Thence in a westerly direction to the southwest corner of
2-66 said lot 10 block 1, being also the most westerly southwest corner
2-67 of the Walnut Bend, Section 5 Subdivision, being also a point in
2-68 the East line of lot 6, block 1 of the Lakeside Estates, Section 1
2-69 Subdivision as described by plat recorded in Vol. 152, Pg. 97 of
2-70 the Map Records of Harris County,
3-1 Thence in a southerly direction with the East line of the
3-2 Lakeside Estates, Section 1 Subdivision to the most easterly
3-3 southeast corner of said Lakeside Estates Section 1 Subdivision,
3-4 Thence in a westerly direction with the South line of the
3-5 Lakeside Estates, Section 1 Subdivision to a point in the East
3-6 right of way line of Lakeside Country Club, being also the
3-7 southwest corner of lot 1, block 1 of the Lakeside Estates, Section
3-8 1 Subdivision,
3-9 Thence continuing in a westerly direction to a point in the
3-10 west right of way line of Lakeside Country Club Drive, being also
3-11 the southeast corner of lot 10, block 2 of the Lakeside Estates,
3-12 Section 1 Subdivision,
3-13 Thence continuing in a westerly direction with the South line
3-14 of the Lakeside Estates, Section 1 Subdivision to a point in the
3-15 East right of way line of Wilcrest Drive, being also the southwest
3-16 corner of lot 1, block 2 of the Lakeside Estates, Section 1
3-17 Subdivision,
3-18 Thence in a northwesterly direction to a point in the West
3-19 right of way line of Wilcrest Drive, being also the northeast
3-20 corner of reserve lot A5 of the Lakeside Estates, Section 1
3-21 Subdivision,
3-22 Thence in a westerly direction with the North line of reserve
3-23 lot A5 of the Lakeside Estates, Section 1 Subdivision to the
3-24 northwest corner of that lot,
3-25 Thence in a southwesterly direction across a 150 foot wide
3-26 power line corridor owned by Houston Lighting and Power Company, as
3-27 described in instrument recorded in Vol. 1220, Pg. 519 of the Deed
3-28 Records of Harris County, to the Southeast corner of a 9.54 acre,
3-29 more or less, tract of land described in the instrument recorded
3-30 under Clerk's File No. M462865 of the Official Public Records of
3-31 Real Property of Harris County,
3-32 Thence in a westerly direction with the South line of that
3-33 9.54 acre parcel 782 feet, more or less, to the southwest corner of
3-34 9.54 acre parcel, being also a point in the East right of way line
3-35 of Hayes Road,
3-36 Thence continuing in a westerly direction to a point in the
3-37 West right of way line of Hayes Road, being also the southeast
3-38 corner of the Village West, Section 2 Subdivision, as described by
3-39 plat recorded in Vol. 250, Pg. 1 of the Map Records of Harris
3-40 County,
3-41 Thence continuing in a westerly direction with the South line
3-42 of Village West, Section 2 Subdivision to the southwest corner of
3-43 that subdivision South line of Village West, Section 2 Subdivision,
3-44 Thence continuing in a westerly direction with a westerly
3-45 projection of the South line of Village West, Section 2 Subdivision
3-46 to the point of intersection with the West right of way line of
3-47 Woodland Park Drive,
3-48 Thence in a southerly direction with the West right of way
3-49 line of Woodland Park Drive to the point of intersection with the
3-50 North right of way line of Westheimer Road, also known as Texas
3-51 Farm to Market Road No. 1093,
3-52 Thence in westerly direction with the North right of way line
3-53 of Westheimer Road to the point of intersection with the northerly
3-54 projection of the West line of the Westchase Section 18 subdivision
3-55 as described in Vol. 291, Pg. 49 of the Map Records of Harris
3-56 County,
3-57 Thence in a southerly direction with the northerly projection
3-58 of the West line of the Westchase Section 18 subdivision, and then
3-59 continuing in a southerly direction with the West line of the
3-60 Westchase Section 18 subdivision to the southwest corner of that
3-61 subdivision, being also a point in the North right of way line of
3-62 Richmond Avenue,
3-63 Thence continuing in a southerly direction to a point in the
3-64 South right of way line of Richmond Avenue, being also the
3-65 northwest corner of the Westchase Section 17 subdivision as
3-66 described in Vol. 294, Pg. 3 of the Map Records of Harris County,
3-67 Thence continuing in a southerly direction with the West line
3-68 of the Westchase Section 17 to the southwest corner of that
3-69 subdivision,
3-70 Thence in an easterly direction with the South line of the
4-1 Westchase Section 17 subdivision to the southeast corner reserve
4-2 lot "B" of the Westchase Section 17 subdivision,
4-3 Thence continuing in a easterly direction 150 feet, more or
4-4 less, crossing the power line corridor owned by Houston Lighting
4-5 and Power Company, to the southwest corner of reserve lot "C" of
4-6 Westchase Section 17,
4-7 Thence continuing in an easterly direction with the South
4-8 line of reserve lot "C" of Westchase Section 17 to the southeast
4-9 corner of that parcel, being also a point in the West right of way
4-10 line of Wilcrest Drive,
4-11 Thence in a southerly direction with the West right of way
4-12 line of Wilcrest Drive to the point of intersection with the South
4-13 line of the Southern Pacific Railroad right of way, formerly known
4-14 as the Texas & New Orleans Railroad right of way, said point being
4-15 also the northeast corner of Unrestricted Reserve "A" of the
4-16 Briarleaf Section 2 Subdivision, as described by plat recorded in
4-17 Volume 287, Pg. 12 of the Map Records of Harris County,
4-18 Thence in an easterly direction with the South line of the
4-19 Southern Pacific Railroad right of way to the point of intersection
4-20 with the East right of way line of South Gessner Road,
4-21 Thence in a northerly direction with the East right of way
4-22 line of South Gessner Road to the point of intersection with the
4-23 North line of the Tanglewilde, Section 1 Subdivision as described
4-24 by plat recorded in Vol. 49, Pg. 25 of the Map Records of Harris
4-25 County,
4-26 Thence in an easterly direction with the North line of the
4-27 Tanglewilde, Section 1 Subdivision to the northeast corner of lot
4-28 16, block 1 of the Tanglewilde, Section 1 Subdivision,
4-29 Thence continuing in an easterly direction to the most
4-30 westerly southwest corner of that certain 7.0276 acre, more or
4-31 less, parcel of land more particularly described by metes and
4-32 bounds in the instrument recorded under County Clerk's File No.
4-33 R247328 of the Official Public Records of Real Property of Harris
4-34 County,
4-35 Thence continuing in an easterly direction with the South
4-36 line of the said 7.0276 acre parcel 328 feet, more or less, to an
4-37 interior corner of that parcel,
4-38 Thence in a southerly direction with a westerly line of the
4-39 said 7.0276 acre parcel, 106.41 feet, more or less, to a southwest
4-40 corner of that parcel, being also a point in the North line of the
4-41 Tanglewilde, Section 1 Subdivision,
4-42 Thence in an easterly direction with the North line of the
4-43 Tanglewilde, Section 1 Subdivision, 441.71 feet, more or less, to
4-44 an interior corner of that subdivision, being also a point in the
4-45 West right of way line of Rockyridge Drive,
4-46 Thence in a northerly direction with the West right of way
4-47 line of Rockyridge Drive to the point of intersection with the
4-48 westerly projection of the North line of lot 1, block four of the
4-49 Tanglewilde Section 1 Subdivision,
4-50 Thence in an easterly direction with the westerly projection
4-51 of the North line of lot 1, block four of the Tanglewilde Section 1
4-52 Subdivision to the northwest corner of that lot 1, block four,
4-53 Thence continuing in an easterly direction with the North
4-54 line of lot 1, block four of the Tanglewilde Section 1 Subdivision
4-55 to the northeast corner of that lot, being also a point in the West
4-56 line of the replatted Westmont Subdivision as described by plat
4-57 recorded in Vol. 75, Pg. 50 of the Map Records of Harris County,
4-58 Thence in a northerly direction with the West line of the
4-59 replatted Westmont Subdivision to the northwest corner of said
4-60 replatted Westmont Subdivision,
4-61 Thence in an easterly direction with the North line of the
4-62 replatted Westmont Subdivision to the point of intersection with
4-63 the centerline of Westerland Drive,
4-64 Thence in a northerly direction with the centerline of
4-65 Westerland Drive to the point of intersection with the easterly
4-66 projection of the North right of way line of Ella Lee Lane,
4-67 Thence in a westerly direction with the easterly projection
4-68 of the North right of way line of Ella Lee Lane and continuing with
4-69 the North right of way line of Ella Lee Lane to the POINT OF
4-70 BEGINNING.
5-1 SAVE AND EXCEPT THE FOLLOWING PARCELS OF LAND:
5-2 That certain parcel of land containing approximately 6.7912
5-3 acres, in the Henry Woodruff Survey, Abstract No. 844, described in
5-4 deed dated June 29, 1979, from Southern Pacific Transportation
5-5 Company, as grantor to Crystal Chemical Company, as grantee,
5-6 recorded under County Clerk's File Number G154538 of the Official
5-7 Public Records of Real Property of Harris, County, Texas,
5-8 That certain parcel of land containing approximately 99.542
5-9 acres, in the George Bellows Survey, Abstract No. 3, described in
5-10 deed dated April 30, 1987, from Dresser Industries, Inc., as
5-11 grantor to Western Atlas International, Inc., as grantee, recorded
5-12 under County Clerk's File Number L169978 of the Official Public
5-13 Records of Real Property of Harris, County, Texas,
5-14 The Condominium project known as Westchase Gardens originally
5-15 described by declaration filed in Volume 109, PAGE 48 of the
5-16 Condominium Records of Harris County, Texas,
5-17 The Condominium project known as Terra Courtyard Condominiums
5-18 described by declaration filed in Volume 110, PAGE 124 of the
5-19 Condominium Records of Harris County, Texas,
5-20 The Condominium projects known as River Stone I, II and III
5-21 originally described by declaration filed in Volume 100, PAGE 137
5-22 of the Condominium Records of Harris County, Texas, and amended by
5-23 declaration filed in Volume 101, PAGE 79 of the Condominium Records
5-24 of Harris County, Texas,
5-25 The Condominium project known as Townhomes at Westchase
5-26 Condominiums described by declaration originally filed in Volume
5-27 77, PAGE 1 and subsequently amended by declarations file in Volume
5-28 85, Page 40 and Volume 164, Page 21 of the Condominium Records of
5-29 Harris County, Texas,
5-30 The Condominium project known as The Elm Grove Condominium
5-31 described by declaration filed in Volume 85, PAGE 41 of the
5-32 Condominium Records of Harris County, Texas,
5-33 The Condominium project known as Doma Chase Condominium
5-34 described by declaration filed in Volume 88, PAGE 82 of the
5-35 Condominium Records of Harris County, Texas,
5-36 The Condominium project known as Westchase Forest Townhomes
5-37 described by declaration filed in Volume 144, PAGE 88 of the
5-38 Condominium Records of Harris County, Texas,
5-39 The Condominium project known as Westchase Forest Townhomes
5-40 described by declaration filed in Volume 145, PAGE 98 of the
5-41 Condominium Records of Harris County, Texas,
5-42 The Condominium project known as Westchase Forest Townhomes
5-43 described by declaration filed in Volume 152, PAGE 39 of the
5-44 Condominium Records of Harris County, Texas,
5-45 The Condominium project known as Parkwest Place Condominiums
5-46 described by declaration filed in Volume 160, PAGE 28 of the
5-47 Condominium Records of Harris County, Texas,
5-48 The Condominium project known as Woodchase Village
5-49 Condominiums described by declaration filed in Volume 92, PAGE 128
5-50 of the Condominium Records of Harris County, Texas,
5-51 The Condominium project known as Meadowridge described by
5-52 declaration filed in Volume 123, PAGE 51 of the Condominium Records
5-53 of Harris County, Texas,
5-54 The Condominium project known as SunStream Villas, A
5-55 Condominium Community described by declaration filed in Volume 90,
5-56 PAGE 1 of the Condominium Records of Harris County, Texas,
5-57 The Residential Subdivision known as Sunridge Villas
5-58 described by declaration filed in Volume 290, PAGE 70 of the Map
5-59 Records of Harris County, Texas,
5-60 The Condominium project known as Sunridge Villas II
5-61 Condominiums described by declaration filed in Volume 134, PAGE 81
5-62 of the Condominium Records of Harris County, Texas,
5-63 The Condominium project known as Idlewood described by
5-64 declaration filed in Volume 59, PAGE 23 of the Condominium Records
5-65 of Harris County, Texas,
5-66 The Residential Subdivision known as Wind River Park Townhome
5-67 Apartments described by declaration filed in Volume 265, PAGE 42 of
5-68 the Map Records of Harris County, Texas.
5-69 SECTION 5. FINDINGS RELATING TO BOUNDARIES. The legislature
5-70 finds that the boundaries and field notes of the district form a
6-1 closure. If a mistake is made in the field notes or in copying the
6-2 field notes in the legislative process, the mistake does not in any
6-3 way affect the:
6-4 (1) organization, existence, and validity of the
6-5 district;
6-6 (2) right of the district to issue any type of bonds
6-7 or refunding bonds for the purposes for which the district is
6-8 created or to pay the principal of and interest on the bonds;
6-9 (3) right of the district to levy and collect
6-10 assessments or taxes; or
6-11 (4) legality or operation of the district or its
6-12 governing body.
6-13 SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
6-14 legislature finds that all of the land and other property included
6-15 within the boundaries of the district will be benefited by the
6-16 improvements and services to be provided by the district under
6-17 powers conferred by Section 52, Article III, Section 59, Article
6-18 XVI, and Section 52-a, Article III, Texas Constitution, and other
6-19 powers granted under this Act, and that the district is created to
6-20 serve a public use and benefit.
6-21 (b) The legislature finds that:
6-22 (1) the creation of the district is in the public
6-23 interest and is essential to:
6-24 (A) further the public purposes of the
6-25 development and diversification of the economy of the state; and
6-26 (B) eliminate unemployment and underemployment
6-27 and develop or expand transportation and commerce;
6-28 (2) the district will promote the health, safety, and
6-29 general welfare of residents, employers, employees, visitors,
6-30 consumers in the district, and the general public;
6-31 (3) the district will provide needed funding for the
6-32 Westchase area to preserve, maintain, and enhance the economic
6-33 health and vitality of the area as a community and business center;
6-34 and
6-35 (4) the district will further promote the health,
6-36 safety, welfare, and enjoyment of the public by providing
6-37 pedestrian ways and by landscaping and developing certain areas
6-38 within the district, which are necessary for the restoration,
6-39 preservation, and enhancement of scenic and aesthetic beauty.
6-40 (c) The legislature finds and determines that pedestrian
6-41 ways along or across a street, whether at grade or above or below
6-42 the surface, and street lighting, street landscaping, and street
6-43 art objects are parts of and necessary components of a street and
6-44 are considered to be a street or road improvement.
6-45 (d) The district will not act as the agent or
6-46 instrumentality of any private interest even though many private
6-47 interests will be benefited by the district, as will the general
6-48 public.
6-49 SECTION 7. APPLICATION OF OTHER LAW. Except as otherwise
6-50 provided by this Act, Chapter 375, Local Government Code, applies
6-51 to the district.
6-52 SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
6-53 construed in conformity with the legislative findings and purposes
6-54 stated in this Act.
6-55 SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The district
6-56 is governed by a board of 17 directors who serve staggered
6-57 four-year terms.
6-58 (b) Subchapter D, Chapter 375, Local Government Code,
6-59 applies to the board to the extent that subchapter does not
6-60 conflict with this Act.
6-61 SECTION 10. INITIAL DIRECTORS. (a) The initial board
6-62 consists of the following persons:
6-63 Position Number Director
6-64 1 Paul S. McDonald
6-65 2 Don R. Mathis
6-66 3 Donna J. Flowers
6-67 4 Steve Hilton
6-68 5 Bruce Wilkerson
6-69 6 James R. Murphy
6-70 9 Jack W. Michael
7-1 10 Mark Taylor
7-2 11 Michael W. Biggs
7-3 12 Ted M. Kerr
7-4 13 David J. Lee
7-5 14 Douglas L. Elliott
7-6 15 Candy A. Tillack
7-7 16 Fred S. Kummer III
7-8 17 Andrew R. Lear
7-9 (b) The board shall appoint the initial directors for
7-10 positions 7 and 8.
7-11 (c) The terms of the initial directors for positions 1
7-12 through 8 expire June 1, 1997, and the terms of the initial
7-13 directors for positions 9 through 17 expire June 1, 1999.
7-14 SECTION 11. SUBSEQUENT DIRECTORS. The mayor and city
7-15 council of the city shall appoint subsequent directors from persons
7-16 recommended by the board. A vacancy in the office of director
7-17 because of the death, resignation, or removal of a director shall
7-18 be filled by the remaining members of the board by appointing a
7-19 qualified person for the unexpired term. The mayor and city
7-20 council of the city shall appoint as subsequent directors for the
7-21 positions indicated persons representing the following interests:
7-22 (1) positions 1, 11, and 12 must represent owners of
7-23 multifamily rental housing with a minimum of 200 rental units;
7-24 (2) position 2 must be a lessee of office space of at
7-25 least 30,000 square feet of rentable area;
7-26 (3) positions 9 and 10 must represent owners of office
7-27 facilities with a minimum of 500 employees or taxable value in
7-28 excess of $10 million;
7-29 (4) positions 8, 13, and 14 must represent owners of
7-30 multitenant office buildings;
7-31 (5) position 15 must represent owners of multitenant
7-32 retail property or major retail tenants of 20,000 square feet or
7-33 more;
7-34 (6) position 16 must represent owners of temporary
7-35 lodging facilities with on-site food service;
7-36 (7) position 17 must represent owners of undeveloped
7-37 property with a contiguous area of 5 acres or more; and
7-38 (8) positions 3, 4, 5, 6, and 7 must represent the
7-39 district at large and any person qualified to serve on the board as
7-40 provided by Section 375.063, Local Government Code, may be
7-41 appointed for those positions.
7-42 SECTION 12. EX OFFICIO MEMBERS OF BOARD OF DIRECTORS. The
7-43 board may appoint nonvoting ex officio members to serve on the
7-44 board.
7-45 SECTION 13. POWERS OF DISTRICT. (a) The district has all
7-46 powers necessary or required to accomplish the purposes for which
7-47 the district was created.
7-48 (b) The district has the rights, powers, privileges,
7-49 authorities, and functions of a district created under Chapter 375,
7-50 Local Government Code.
7-51 (c) The district has the powers conferred on a corporation
7-52 under Section 4B, the Development Corporation Act of 1979 (Article
7-53 5190.6, Vernon's Texas Civil Statutes). The district may own,
7-54 operate, acquire, construct, lease, improve, and maintain projects
7-55 described by that section.
7-56 (d) The district may:
7-57 (1) levy ad valorem taxes, assessments, or impact fees
7-58 in accordance with Chapter 375, Local Government Code, to provide
7-59 improvements and services for a project or activity the district is
7-60 authorized to acquire, construct, improve, or provide under this
7-61 Act; and
7-62 (2) correct, add to, or delete assessments from its
7-63 assessment rolls after notice and hearing as provided by Subchapter
7-64 F, Chapter 375, Local Government Code.
7-65 (e) The district may not acquire property through eminent
7-66 domain.
7-67 (f) The district may not levy a sales and use tax.
7-68 (g) If the district, in exercising a power conferred by this
7-69 Act, requires a relocation, adjustment, raising, lowering,
7-70 rerouting, or changing the grade of or altering the construction of
8-1 any street, alley, highway, overpass, underpass, road, railroad
8-2 track, bridge, facility or property, electric line, conduit,
8-3 facility or property, telephone or telegraph line, conduit,
8-4 facility or property, gas transmission or distribution pipe,
8-5 pipeline, main, facility or property, water, sanitary sewer or
8-6 storm sewer pipe, pipeline, main, facility or property, cable
8-7 television line, cable, conduit, facility or property, or other
8-8 pipeline or facility or property relating to the pipeline, that
8-9 relocation, adjustment, raising, lowering, rerouting, changing of
8-10 grade, or altering of construction must be accomplished at the sole
8-11 cost and expense of the district, and the district shall bear
8-12 damages that are suffered by owners of the property or facilities.
8-13 SECTION 14. CONFLICTS WITH OTHER LAW. If any provision of a
8-14 law referred to in Section 13 of this Act is in conflict with or is
8-15 inconsistent with this Act, this Act prevails. Any law referred to
8-16 in this Act that is not in conflict or inconsistent with this Act
8-17 is adopted and incorporated by reference.
8-18 SECTION 15. REQUIREMENTS FOR FINANCING SERVICES AND
8-19 IMPROVEMENTS. The board may not finance services and improvement
8-20 projects under this Act unless a written petition requesting those
8-21 improvements or services has been filed with the board. The
8-22 petition must be signed by:
8-23 (1) the owners of a majority of the assessed value of
8-24 real property in the district as determined by the most recent
8-25 certified county property tax rolls; or
8-26 (2) at least 50 persons who own property within the
8-27 district, if there are more than 50 persons who own property in the
8-28 district as determined by the most recent certified county property
8-29 tax rolls.
8-30 SECTION 16. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board
8-31 by resolution shall establish the number of directors' signatures
8-32 and the procedure required for a disbursement or transfer of the
8-33 district's money.
8-34 SECTION 17. BONDS. (a) The district may issue bonds or
8-35 other obligations payable in whole or in part from ad valorem
8-36 taxes, assessments, impact fees, revenues, grants, or other funds
8-37 of the district, or any combination of those funds, to pay for any
8-38 authorized purpose of the district.
8-39 (b) Bonds or other obligations of the district may be issued
8-40 in the form of bonds, notes, certificates of participation,
8-41 including other instruments evidencing a proportionate interest in
8-42 payments to be made by the district, or other obligations that are
8-43 issued in the exercise of the district's borrowing power and may be
8-44 issued in bearer or registered form or may be issued in a form not
8-45 represented by an instrument but with their transfer registered on
8-46 books maintained by or on behalf of the district.
8-47 (c) Except as provided by Subsection (d) of this section,
8-48 the district must obtain the city's approval of:
8-49 (1) the issuance of bonds for an improvement project;
8-50 and
8-51 (2) the plans and specifications of the improvement
8-52 project to be financed by the bonds.
8-53 (d) If the district obtains the city's approval of a capital
8-54 improvements budget for a specified period not to exceed five
8-55 years, the district may finance the capital improvements and issue
8-56 bonds specified in the budget without further city approval.
8-57 (e) Before the district issues bonds, the district shall
8-58 submit the bonds and the record of proceedings of the district
8-59 relating to authorization of the bonds to the attorney general for
8-60 approval as provided by Chapter 53, Acts of the 70th Legislature,
8-61 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
8-62 Statutes).
8-63 SECTION 18. ASSESSMENTS. (a) The board may levy and
8-64 collect an assessment for any purpose authorized by this Act.
8-65 (b) Assessments, reassessments, or assessments resulting
8-66 from an addition to or correction of the assessment roll by the
8-67 district, penalties and interest on an assessment or reassessment,
8-68 expenses of collection, and reasonable attorney's fees incurred by
8-69 the district:
8-70 (1) are a first and prior lien against the property
9-1 assessed;
9-2 (2) are superior to any other lien or claim other than
9-3 a lien or claim for county, school district, or municipal ad
9-4 valorem taxes; and
9-5 (3) are the personal liability of and charge against
9-6 the owners of the property even if the owners are not named in the
9-7 assessment proceedings.
9-8 (c) The lien is effective from the date of the resolution of
9-9 the board levying the assessment until the assessment is paid. The
9-10 board may enforce the lien in the same manner that the board may
9-11 enforce an ad valorem tax lien against real property.
9-12 (d) The district may not impose an assessment on the
9-13 property, equipment, or facilities of a public utility, as defined
9-14 by Section 3(c), Public Utility Regulatory Act (Article 1446c,
9-15 Vernon's Texas Civil Statutes).
9-16 SECTION 19. APPROVAL OF CERTAIN IMPROVEMENT PROJECTS. The
9-17 district must obtain the city's approval of the plans and
9-18 specifications of any district improvement project related to the
9-19 use of land owned by the city, an easement granted by the city, or
9-20 a right-of-way of a street, road, or highway.
9-21 SECTION 20. ELECTIONS. (a) In addition to the elections
9-22 the district must hold under Subchapter L, Chapter 375, Local
9-23 Government Code, the district shall hold an election in the manner
9-24 provided by that subchapter to obtain voter approval before the
9-25 district imposes a maintenance tax or issues bonds payable from ad
9-26 valorem taxes or assessments.
9-27 (b) The board may submit multiple purposes in a single
9-28 proposition at an election.
9-29 (c) The board may not call an election under this Act unless
9-30 a written petition requesting an election has been filed with the
9-31 board. The petition must be signed by:
9-32 (1) the owners of a majority of the assessed value of
9-33 real property in the district as determined by the most recent
9-34 certified county property tax rolls; or
9-35 (2) at least 50 persons who own property within the
9-36 district, if there are more than 50 persons who own property in the
9-37 district as determined by the most recent certified county property
9-38 tax rolls.
9-39 SECTION 21. IMPACT FEES. (a) The district may impose an
9-40 impact fee for an authorized purpose as provided by Subchapter G,
9-41 Chapter 375, Local Government Code.
9-42 (b) The district may not impose an impact fee on the
9-43 property, equipment, or facilities of a public utility as defined
9-44 by Section 3(c), Public Utility Regulatory Act (Article 1446c,
9-45 Vernon's Texas Civil Statutes).
9-46 SECTION 22. MAINTENANCE TAX. (a) If authorized at an
9-47 election held in accordance with Section 20 of this Act, the
9-48 district may levy and collect an annual ad valorem tax on taxable
9-49 property in the district for the maintenance and operation of the
9-50 district and the improvements constructed or acquired by the
9-51 district or for the provision of services to industrial or
9-52 commercial businesses, residents, or property owners.
9-53 (b) The board shall determine the tax rate.
9-54 SECTION 23. DISSOLUTION OF DISTRICT. (a) The district may
9-55 be dissolved as provided in Subchapter M, Chapter 375, Local
9-56 Government Code.
9-57 (b) Notwithstanding Section 375.264, Local Government Code,
9-58 a district that has debt may be dissolved as provided by Subchapter
9-59 M, Chapter 375, Local Government Code. If the district has debt
9-60 and is dissolved, the district shall remain in existence solely for
9-61 the limited purpose of discharging its bonds or other obligations
9-62 according to their terms.
9-63 SECTION 24. CONTRACTS. (a) To protect the public interest,
9-64 the district may contract with the city or county for the provision
9-65 of law enforcement services by the county or city in the district
9-66 on a fee basis.
9-67 (b) The city, county, or any other political subdivision of
9-68 the state, without further authorization, may contract with the
9-69 district to implement a project of the district or aid and assist
9-70 the district in providing the services authorized under this Act.
10-1 A contract under this subsection may:
10-2 (1) be for a period on which the parties agree;
10-3 (2) include terms on which the parties agree;
10-4 (3) be payable from taxes or any other sources of
10-5 revenue that may be available for such purpose; or
10-6 (4) provide that taxes or other revenue collected at a
10-7 district project or from a person using or purchasing a commodity
10-8 or service at a district project may be paid or rebated to the
10-9 district under the terms of the contract.
10-10 (c) The district may enter into a contract, lease, or
10-11 agreement with or make or accept grants and loans to or from:
10-12 (1) the United States, including federal departments
10-13 and agencies;
10-14 (2) the state or a state agency;
10-15 (3) a county, municipality, or other political
10-16 subdivision of the state;
10-17 (4) a public or private corporation, including a
10-18 nonprofit corporation created by the board under other law; and
10-19 (5) any other person.
10-20 (d) The district may perform all acts necessary for the full
10-21 exercise of the powers vested in the district on terms and
10-22 conditions and for the term the board may determine to be
10-23 advisable.
10-24 SECTION 25. COMPETITIVE BIDDING. The district may enter a
10-25 contract for more than $10,000 for services, improvements, or the
10-26 purchase of materials, machinery, equipment, supplies, or other
10-27 property only as provided by Subchapter K, Chapter 375, Local
10-28 Government Code.
10-29 SECTION 26. NOTICE AND CONSENT. The legislature finds that:
10-30 (1) proper and legal notice of the intention to
10-31 introduce this Act, setting forth the general substance of this
10-32 Act, has been published as provided by law, and the notice and a
10-33 copy of this Act have been furnished to all persons, agencies,
10-34 officials, or entities to which they are required to be furnished
10-35 by the constitution and laws of this state, including the governor,
10-36 who has submitted the notice and a copy of this Act to the Texas
10-37 Natural Resource Conservation Commission;
10-38 (2) the Texas Natural Resource Conservation Commission
10-39 has filed its recommendations relating to this Act with the
10-40 governor, lieutenant governor, and speaker of the house of
10-41 representatives within the required time;
10-42 (3) the general law relating to consent by political
10-43 subdivisions to the creation of districts with conservation,
10-44 reclamation, and road powers and the inclusion of land in those
10-45 districts has been complied with; and
10-46 (4) all requirements of the constitution and laws of
10-47 this state and the rules and procedures of the legislature with
10-48 respect to the notice, introduction, and passage of this Act have
10-49 been fulfilled and accomplished.
10-50 SECTION 27. EMERGENCY. The importance of this legislation
10-51 and the crowded condition of the calendars in both houses create an
10-52 emergency and an imperative public necessity that the
10-53 constitutional rule requiring bills to be read on three several
10-54 days in each house be suspended, and this rule is hereby suspended,
10-55 and that this Act take effect and be in force from and after its
10-56 passage, and it is so enacted.
10-57 * * * * *