By Bailey H.B. No. 2891
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Aldine Community Improvement
1-3 District; authorizing the issuance of bonds and the imposition of
1-4 taxes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 376, Local Government Code, is amended by
1-7 adding Subchapter G to read as follows:
1-8 SUBCHAPTER G. ALDINE COMMUNITY IMPROVEMENT DISTRICT
1-9 Sec. 376.261. CREATION OF DISTRICT. (a) A special district
1-10 to be known as the "Aldine Community Improvement District" exists
1-11 as a governmental agency, body politic and corporate, and
1-12 political subdivision of the state.
1-13 (b) The name of the district may be changed by resolution of
1-14 the board.
1-15 (c) The creation of the district is essential to accomplish
1-16 the purposes of Section 52, Article III, Section 59, Article XVI,
1-17 and Section 52-a, Article III, Texas Constitution, and other public
1-18 purposes stated in this subchapter.
1-19 Sec. 376.262. DECLARATION OF INTENT. (a) The creation of
1-20 the district is necessary to promote, develop, encourage, and
1-21 maintain employment, commerce, transportation, housing, tourism,
1-22 recreation, arts, entertainment, economic development, safety, and
1-23 the public welfare in the Aldine Community area of Harris County.
1-24 (b) The creation of the district and this legislation are
2-1 not to be interpreted to relieve the county from providing the
2-2 level of services, as of September 1, 1999, to the area in the
2-3 district or to release the county from the obligations the entity
2-4 has to provide services to that area. The district is created to
2-5 supplement and not supplant the county services provided in the
2-6 area in the district.
2-7 (c) By creating the district and in authorizing the
2-8 municipality, county, and other political subdivisions to contract
2-9 with the district, the legislature has established a program to
2-10 accomplish the public purposes set out in Section 52-a, Article
2-11 III, Texas Constitution.
2-12 Sec. 376.263. DEFINITIONS. In this subchapter:
2-13 (1) "Board" means the board of directors of the
2-14 district.
2-15 (2) "County" means Harris County.
2-16 (3) "District" means the Aldine Community Improvement
2-17 District.
2-18 (4) "Municipality" means the City of Houston.
2-19 Sec. 376.264. BOUNDARIES. The district includes all the
2-20 territory contained in the following described area:
2-21 Being 14.79 square miles, more or less,
2-22 Beginning at the northeast corner of Aldine Mail Road and the Hardy
2-23 Toll Road
2-24 Thence north along the east right-of-way line of Hardy Toll Road a
2-25 distance of approximately two (2) miles to the north right-of-way
2-26 line of State Highway 525
2-27 Thence along the north right-of-way line of State Highway 525
3-1 approximately 2.75 miles to the west right-of-way line of John F.
3-2 Kennedy Boulevard
3-3 Thence south along the west right-of-way line of John F. Kennedy
3-4 Boulevard a distance of approximately one (1) mile to the City of
3-5 Houston City limits
3-6 Thence east a distance of approximately one-quarter mile (1/4) mile
3-7 to the east right-of-way line of Heathrow Forest Parkway
3-8 Thence north along the east right-of-way line of Heathrow Forest
3-9 Parkway a distance of approximately one-quarter mile (1/4) mile to
3-10 the City of Houston City limits
3-11 Thence east along the south side of the City of Houston City limits
3-12 a distance of approximately one-half (1/2) mile
3-13 Thence south a distance of approximately one-quarter mile (1/4)
3-14 mile
3-15 Thence east a distance of approximately one-eighth (1/8) mile to
3-16 the east right-of-way line of Sequoia Bend Boulevard
3-17 Thence north along the east right-of-way line of Sequoia Bend
3-18 Boulevard a distance of approximately one-half (1/2) mile to the
3-19 north right-of-way line of State Highway 525
3-20 Thence east along the north right-of-way line of State Highway 525
3-21 a distance of approximately three-quarters (3/4) of one mile to the
3-22 east right-of-way line of Lee Road
3-23 Thence south along the east right-of-way line of Lee Road becoming
3-24 Homestead Road a distance of approximately two and one-half miles
3-25 to the north right-of-way line of Mount Houston Road
3-26 Thence west along the north right-of-way line of Mount Houston Road
3-27 a distance of approximately one-quarter mile to the west line of
4-1 the Southern Pacific Railroad property
4-2 Thence southwest along the Southern Pacific Railroad property a
4-3 distance of approximately one and three-quarters mile to the north
4-4 right-of-way line of Langley Road
4-5 Thence west along the north right-of-way line of Langley Road a
4-6 distance of approximately one mile to the east right-of-way line of
4-7 U.S. Highway 59
4-8 Thence northeast along the east right-of-way line of U.S. Highway
4-9 59 a distance of approximately one-quarter mile to the north
4-10 right-of-way line of Little York Road
4-11 Thence west along the north right-of-way line of Little York Road a
4-12 distance of approximately one-quarter mile to the east right-of-way
4-13 line of Bentley Road
4-14 Thence north along the east right-of-way line of Bentley Road a
4-15 distance of approximately one-quarter mile to the north
4-16 right-of-way line of Sagebrush Road
4-17 Thence west along the north right-of-way line of Sagebrush Road a
4-18 distance of approximately one-third (1/3) mile to the west line of
4-19 Halls Bayou
4-20 Thence south along the west line of Halls Bayou a distance of
4-21 approximately one-quarter mile to the north right-of-way line of
4-22 Little York Road
4-23 Thence west along the north right-of-way line of Little York Road a
4-24 distance of approximately one-half mile to the City of Houston City
4-25 limits line adjacent to and east of Aldine Westfield Road
4-26 Thence north along the City of Houston City limits line adjacent to
4-27 and east of Aldine Westfield Road a distance of approximately
5-1 one-eighth mile along the east line of the City of Houston City
5-2 limits line
5-3 Thence west along the north line of the City of Houston City limits
5-4 line a distance of approximately three-quarter mile to the east
5-5 right-of-way line of Hardy Toll Road
5-6 Thence north along the east right-of-way line of Hardy Toll Road a
5-7 distance of approximately two miles to the north right-of-way line
5-8 of Aldine Mail Road and the Point of Beginning
5-9 Save and Except the Following Parcels:
5-10 Parcel Number One: City of Houston Keith-Weiss Park
5-11 Parcel Number Two: That portion of City of Houston Melrose Park
5-12 east of the right-of-way line of Hardy Toll
5-13 Road
5-14 SAVE AND EXCEPT all tracts or parcels of land, rights-of-way,
5-15 facilities, and improvements owned by an electric utility as
5-16 defined by Section 31.002, Utilities Code.
5-17 Sec. 376.265. FINDINGS RELATING TO BOUNDARIES. The
5-18 boundaries and field notes of the district form a closure. If a
5-19 mistake is made in the field notes or in copying the field notes in
5-20 the legislative process, the mistake does not in any way affect
5-21 the:
5-22 (1) organization, existence, and validity of the
5-23 district;
5-24 (2) right of the district to issue any types of bonds
5-25 or refunding bonds for the purposes for which the district is
5-26 created or to pay the principal of and interest on the bonds;
5-27 (3) right of the district to impose and collect
6-1 assessments or taxes; or
6-2 (4) legality or operation of the district or its
6-3 governing body.
6-4 Sec. 376.266. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
6-5 All the land and other property included in the district will be
6-6 benefited by the improvements and services to be provided by the
6-7 district under powers conferred by Section 52, Article III, Section
6-8 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
6-9 and other powers granted under this subchapter, and the district is
6-10 created to serve a public use and benefit.
6-11 (b) The creation of the district is in the public interest
6-12 and is essential to:
6-13 (1) further the public purposes of the development and
6-14 diversification of the economy of the state; and
6-15 (2) eliminate unemployment and underemployment and
6-16 develop or expand transportation and commerce.
6-17 (c) The district will:
6-18 (1) promote the health, safety, and general welfare of
6-19 residents, employers, potential employees, employees, visitors,
6-20 consumers in the district, and the general public;
6-21 (2) provide needed funding for the Aldine Community
6-22 area to preserve, maintain, and enhance the economic health and
6-23 vitality of the area as a community and business center; and
6-24 (3) further promote the health, safety, welfare, and
6-25 enjoyment of the public by providing pedestrian ways and by
6-26 landscaping and developing certain areas in the district, which are
6-27 necessary for the restoration, preservation, and enhancement of
7-1 scenic beauty.
7-2 (d) Pedestrian ways along or across a street, whether at
7-3 grade or above or below the surface, and street lighting, street
7-4 landscaping, and street art objects are parts of and necessary
7-5 components of a street and are considered to be a street or road
7-6 improvement.
7-7 (e) The district will not act as the agent or
7-8 instrumentality of any private interest even though many private
7-9 interests will be benefited by the district, as will the general
7-10 public.
7-11 Sec. 376.267. APPLICATION OF OTHER LAW. Except as otherwise
7-12 provided by this subchapter, Chapter 375 applies to the district.
7-13 Sec. 376.268. CONSTRUCTION OF SUBCHAPTER. This subchapter
7-14 shall be liberally construed in conformity with the findings and
7-15 purposes stated in this subchapter.
7-16 Sec. 376.269. BOARD OF DIRECTORS IN GENERAL. (a) The
7-17 district is governed by a board of nine directors who serve
7-18 staggered terms of four years with four or five members' terms
7-19 expiring June 1 of each odd-numbered year. At least one director
7-20 must be a resident of the district. The board by resolution may
7-21 increase or decrease the number of directors on the board if the
7-22 board finds that the change is in the best interest of the
7-23 district. The board must consist of not fewer than nine and not
7-24 more than 30 directors.
7-25 (b) Subchapter D, Chapter 375, applies to the board to the
7-26 extent that subchapter does not conflict with this subchapter.
7-27 (c) Notwithstanding Section 375.071, the imposition of a
8-1 tax, assessment, or impact fee requires a vote of a majority of the
8-2 directors serving.
8-3 Sec. 376.270. APPOINTMENT OF DIRECTORS; VACANCY. The county
8-4 judge and members of the governing body of the county shall appoint
8-5 directors from persons recommended by the board who meet the
8-6 qualifications of Subchapter D, Chapter 375. A vacancy in the
8-7 office of director because of the death, resignation, or removal of
8-8 a director shall be filled by the remaining members of the board by
8-9 appointing a qualified person for the unexpired term.
8-10 Sec. 376.271. POWERS OF DISTRICT. The district has:
8-11 (1) all powers necessary or required to accomplish the
8-12 purposes for which the district was created;
8-13 (2) the rights, powers, privileges, authority, and
8-14 functions of a district created under Chapter 375;
8-15 (3) the powers given to a corporation under Section
8-16 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
8-17 Texas Civil Statutes), and the power to own, operate, acquire,
8-18 construct, lease, improve, and maintain projects;
8-19 (4) the power to impose ad valorem taxes, assessments,
8-20 or impact fees in accordance with Chapter 375 to provide
8-21 improvements and services for a project or activity the district is
8-22 authorized to acquire, construct, improve, or provide under this
8-23 subchapter; and
8-24 (5) the power to correct, add to, or delete
8-25 assessments from its assessment rolls after notice and hearing as
8-26 provided by Subchapter F, Chapter 375.
8-27 Sec. 376.272. SALES AND USE TAX. (a) The district may
9-1 impose a sales and use tax. Revenue from the tax may be used for
9-2 any purpose for which ad valorem tax revenue of the district may be
9-3 used.
9-4 (b) The district may not adopt a tax under this subchapter
9-5 if, as a result of the adoption of the tax, the combined rate of
9-6 all sales and use taxes imposed by the county and other political
9-7 subdivisions of this state that have territory in the county would
9-8 exceed two percent at any location in the district.
9-9 Sec. 376.273. EMINENT DOMAIN. The district may not exercise
9-10 the power of eminent domain.
9-11 Sec. 376.274. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
9-12 AFFECTING PROPERTY. (a) If the district, in exercising a power
9-13 conferred by this subchapter, requires a relocation, adjustment,
9-14 raising, lowering, rerouting, or changing the grade or the
9-15 construction of any of the following items, the district must take
9-16 that required action at the sole expense of the district:
9-17 (1) a street, alley, highway, overpass, underpass,
9-18 road, railroad track, bridge, facility, or other property;
9-19 (2) an electric line, conduit, facility, or other
9-20 property;
9-21 (3) a telephone or telegraph line, conduit, facility,
9-22 or other property;
9-23 (4) a gas transmission or distribution pipe, pipeline,
9-24 main, facility, or other property;
9-25 (5) a water, sanitary sewer, or storm sewer pipe,
9-26 pipeline, main, facility, or other property;
9-27 (6) a cable television line, cable, conduit, facility,
10-1 or other property; or
10-2 (7) another pipeline, facility, or other property
10-3 relating to the pipeline.
10-4 (b) The district shall bear damages that are suffered by
10-5 owners of the facility or other property.
10-6 Sec. 376.275. RELATION TO OTHER LAW. If any provision of a
10-7 law referenced in Section 376.271 is in conflict with or is
10-8 inconsistent with this subchapter, this subchapter prevails. Any
10-9 law referenced in this subchapter that is not in conflict or
10-10 inconsistent with this subchapter is adopted and incorporated by
10-11 reference.
10-12 Sec. 376.276. REQUIREMENTS FOR FINANCING SERVICES AND
10-13 IMPROVEMENTS. The board may not finance services and improvement
10-14 projects under this subchapter unless a written petition requesting
10-15 those improvements or services has been filed with the board. The
10-16 petition must be signed by:
10-17 (1) the owners of a majority of the assessed value of
10-18 real property in the district as determined by the most recent
10-19 certified county property tax rolls; or
10-20 (2) at least 50 persons who own land in the district,
10-21 if there are more than 50 persons who own property in the district
10-22 as determined by the most recent certified county property tax
10-23 rolls.
10-24 Sec. 376.277. NONPROFIT CORPORATION. (a) The board by
10-25 resolution may authorize the creation of a nonprofit corporation to
10-26 assist and act on behalf of the district in implementing a project
10-27 or providing a service this subchapter authorizes.
11-1 (b) A nonprofit corporation created under this section:
11-2 (1) has the powers of and is considered for purposes
11-3 of this subchapter to be a local government corporation created
11-4 under Chapter 431, Transportation Code; and
11-5 (2) may implement any project or provide any services
11-6 this subchapter authorizes.
11-7 (c) The board shall appoint the board of directors of a
11-8 nonprofit corporation created under this section. The board of
11-9 directors of the nonprofit corporation shall serve in the same
11-10 manner as, for the same term as, and on the conditions of the board
11-11 of directors of a local government corporation created under
11-12 Chapter 431, Transportation Code.
11-13 Sec. 376.278. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
11-14 board by resolution shall establish the number of directors'
11-15 signatures and the procedure required for a disbursement or
11-16 transfer of the district's money.
11-17 Sec. 376.279. BONDS. (a) The district may issue bonds or
11-18 other obligations payable in whole or in part from ad valorem
11-19 taxes, assessments, impact fees, revenues, grants, or other money
11-20 of the district, or any combination of those sources of money, to
11-21 pay for any authorized purpose of the district.
11-22 (b) Bonds or other obligations of the district may be issued
11-23 in the form of bonds, notes, certificates of participation,
11-24 including other instruments evidencing a proportionate interest in
11-25 payments to be made by the district, or other obligations that are
11-26 issued in the exercise of the district's borrowing power and may be
11-27 issued in bearer or registered form or not represented by an
12-1 instrument but the transfer of which is registered on books
12-2 maintained by or on behalf of the district.
12-3 (c) Except as provided by Subsection (d), the district must
12-4 obtain the municipality's approval of:
12-5 (1) the issuance of bonds for an improvement project;
12-6 (2) the plans and specifications of the improvement
12-7 project to be financed by the bonds; and
12-8 (3) the plans and specifications of a district
12-9 improvement project related to:
12-10 (A) the use of land owned by the county;
12-11 (B) an easement granted by the county; or
12-12 (C) a right-of-way of a street, road, or
12-13 highway.
12-14 (d) If the district obtains the municipality's approval of a
12-15 capital improvements budget for a specified period not to exceed
12-16 five years, the district may finance the capital improvements and
12-17 issue bonds specified in the budget without further municipal
12-18 approval.
12-19 (e) Before the district issues bonds, the district shall
12-20 submit the bonds and the record of proceedings of the district
12-21 relating to authorization of the bonds to the attorney general for
12-22 approval as provided by Chapter 53, Acts of the 70th Legislature,
12-23 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
12-24 Statutes).
12-25 Sec. 376.280. ASSESSMENTS. (a) The board may impose and
12-26 collect an assessment for any purpose authorized by this
12-27 subchapter.
13-1 (b) Assessments, reassessments, or assessments resulting
13-2 from an addition to or correction of the assessment roll by the
13-3 district, penalties and interest on an assessment or reassessment,
13-4 expenses of collection, and reasonable attorney's fees incurred by
13-5 the district:
13-6 (1) are a first and prior lien against the property
13-7 assessed;
13-8 (2) are superior to any other lien or claim other than
13-9 a lien or claim for county, school district, or municipal ad
13-10 valorem taxes; and
13-11 (3) are the personal liability of and charge against
13-12 the owners of the property even if the owners are not named in the
13-13 assessment proceedings.
13-14 (c) The lien is effective from the date of the resolution of
13-15 the board levying the assessment until the assessment is paid. The
13-16 board may enforce the lien in the same manner that the board may
13-17 enforce an ad valorem tax lien against real property.
13-18 Sec. 376.281. PROPERTY EXEMPTED FROM TAX, FEE, OR
13-19 ASSESSMENT. (a) The district may not impose an impact fee or
13-20 assessment under Chapter 375 on a residential property, multi-unit
13-21 residential property, or condominium.
13-22 (b) The district may not impose an impact fee or assessment
13-23 on the property, equipment, or facilities of an electric utility as
13-24 defined by Section 31.002, Utilities Code.
13-25 Sec. 376.282. ELECTIONS. (a) In addition to the elections
13-26 the district must hold under Subchapter L, Chapter 375, the
13-27 district shall hold an election in the manner provided by that
14-1 subchapter to obtain voter approval before the district imposes a
14-2 maintenance tax or issues bonds payable from ad valorem taxes or
14-3 assessments.
14-4 (b) The board may submit multiple purposes in a single
14-5 proposition at an election.
14-6 Sec. 376.283. IMPACT FEES. The district may impose an impact
14-7 fee for an authorized purpose as provided by Subchapter G, Chapter
14-8 375.
14-9 Sec. 376.284. MAINTENANCE TAX. (a) If authorized at an
14-10 election held in accordance with Section 376.282, the district may
14-11 impose and collect an annual ad valorem tax on taxable property in
14-12 the district for the maintenance and operation of the district and
14-13 the improvements constructed or acquired by the district or for the
14-14 provision of services.
14-15 (b) The board shall determine the tax rate.
14-16 Sec. 376.285. DISSOLUTION OF DISTRICT. (a) The district
14-17 may be dissolved as provided in Subchapter M, Chapter 375.
14-18 (b) Notwithstanding Section 375.264, the district may be
14-19 dissolved if the district has debt. If the district has debt and is
14-20 dissolved, the district shall remain in existence solely for the
14-21 limited purpose of discharging its bonds or other obligations
14-22 according to their terms.
14-23 Sec. 376.286. CONTRACTS. (a) To protect the public
14-24 interest, the district may contract with the municipality or county
14-25 for the provision of law enforcement services by the county or
14-26 municipality in the district on a fee basis.
14-27 (b) The municipality, county, or another political
15-1 subdivision of the state, without further authorization, may
15-2 contract with the district to implement a project of the district
15-3 or assist the district in providing the services authorized under
15-4 this subchapter. A contract under this subsection may:
15-5 (1) be for a period on which the parties agree;
15-6 (2) include terms on which the parties agree;
15-7 (3) be payable from taxes or any other sources of
15-8 revenue that may be available for such purpose; or
15-9 (4) provide that taxes or other revenue collected at a
15-10 district project or from a person using or purchasing a commodity
15-11 or service at a district project may be paid or rebated to the
15-12 district under the terms of the contract.
15-13 (c) The district may enter into a contract, lease, or other
15-14 agreement with or make or accept grants and loans to or from:
15-15 (1) the United States;
15-16 (2) the state or a state agency;
15-17 (3) any county, any municipality, or another political
15-18 subdivision of the state;
15-19 (4) a public or private corporation, including a
15-20 nonprofit corporation created by the board under this subchapter;
15-21 or
15-22 (5) any other person.
15-23 (d) The district may perform all acts necessary for the full
15-24 exercise of the powers vested in the district on terms and for the
15-25 period the board determines advisable.
15-26 Sec. 376.287. INITIAL DIRECTORS. (a) The initial board
15-27 consists of the following persons:
16-1 Pos. No. Name of Director
16-2 1 Clyde Baily
16-3 2 Sylvia Bolling
16-4 3 Reyes Garcia
16-5 4 Leland Jauer
16-6 5 V. E. (Vic) Mauldin
16-7 6 W. Steve Mead
16-8 7 Art Murillo
16-9 8 Ray Shotwell
16-10 9 Richard Villanueva
16-11 (b) Of the initial directors, the directors appointed for
16-12 positions 1 through 4 serve until June 1, 2001, and the directors
16-13 appointed for positions 5 through 9 serve until June 1, 2003.
16-14 (c) This section expires September 1, 2004.
16-15 SECTION 2. The legislature finds that:
16-16 (1) proper and legal notice of the intention to
16-17 introduce this Act, setting forth the general substance of this
16-18 Act, has been published as provided by law, and the notice and a
16-19 copy of this Act have been furnished to all persons, agencies,
16-20 officials, or entities to which they are required to be furnished
16-21 by the constitution and laws of this state, including the
16-22 governor, who has submitted the notice and Act to the Texas Natural
16-23 Resource Conservation Commission;
16-24 (2) the Texas Natural Resource Conservation Commission
16-25 has filed its recommendations relating to this Act with the
16-26 governor, lieutenant governor, and speaker of the house of
16-27 representatives within the required time;
17-1 (3) the general law relating to consent by political
17-2 subdivisions to the creation of districts with conservation,
17-3 reclamation, and road powers and the inclusion of land in those
17-4 districts has been complied with; and
17-5 (4) all requirements of the constitution and laws of
17-6 this state and the rules and procedures of the legislature with
17-7 respect to the notice, introduction, and passage of this Act have
17-8 been fulfilled and accomplished.
17-9 SECTION 3. The importance of this legislation and the
17-10 crowded condition of the calendars in both houses create an
17-11 emergency and an imperative public necessity that the
17-12 constitutional rule requiring bills to be read on three several
17-13 days in each house be suspended, and this rule is hereby suspended,
17-14 and that this Act take effect and be in force from and after its
17-15 passage, and it is so enacted.