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 political
1-12 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 or gas utility as defined
5-17 by Section 101.003 or 121.001, Utilities Code.
5-18 Sec. 376.265. FINDINGS RELATING TO BOUNDARIES. The
5-19 boundaries and field notes of the district form a closure. If a
5-20 mistake is made in the field notes or in copying the field notes in
5-21 the legislative process, the mistake does not in any way affect
5-22 the:
5-23 (1) organization, existence, and validity of the
5-24 district;
5-25 (2) right of the district to issue any types of bonds
5-26 or refunding bonds for the purposes for which the district is
5-27 created or to pay the principal of and interest on the bonds;
6-1 (3) right of the district to impose and collect
6-2 assessments or taxes; or
6-3 (4) legality or operation of the district or its
6-4 governing body.
6-5 Sec. 376.266. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
6-6 (a) All the land and other property included in the district will
6-7 be benefited by the improvements and services to be provided by the
6-8 district under powers conferred by Section 52, Article III, Section
6-9 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
6-10 and other powers granted under this subchapter, and the district is
6-11 created to serve a public use and benefit.
6-12 (b) The creation of the district is in the public interest
6-13 and is essential to:
6-14 (1) further the public purposes of the development and
6-15 diversification of the economy of the state; and
6-16 (2) eliminate unemployment and underemployment and
6-17 develop or expand transportation and commerce.
6-18 (c) The district will:
6-19 (1) promote the health, safety, and general welfare of
6-20 residents, employers, potential employees, employees, visitors,
6-21 consumers in the district, and the general public;
6-22 (2) provide needed funding for the Aldine Community
6-23 area to preserve, maintain, and enhance the economic health and
6-24 vitality of the area as a community and business center; and
6-25 (3) further promote the health, safety, welfare, and
6-26 enjoyment of the public by providing pedestrian ways and by
6-27 landscaping and developing certain areas in the district, which are
7-1 necessary for the restoration, preservation, and enhancement of
7-2 scenic beauty.
7-3 (d) Pedestrian ways along or across a street, whether at
7-4 grade or above or below the surface, and street lighting, street
7-5 landscaping, and street art objects are parts of and necessary
7-6 components of a street and are considered to be a street or road
7-7 improvement.
7-8 (e) The district will not act as the agent or
7-9 instrumentality of any private interest even though many private
7-10 interests will be benefited by the district, as will the general
7-11 public.
7-12 Sec. 376.267. APPLICATION OF OTHER LAW. Except as otherwise
7-13 provided by this subchapter, Chapter 375 applies to the district.
7-14 Sec. 376.268. CONSTRUCTION OF SUBCHAPTER. This subchapter
7-15 shall be liberally construed in conformity with the findings and
7-16 purposes stated in this subchapter.
7-17 Sec. 376.269. BOARD OF DIRECTORS IN GENERAL. (a) The
7-18 district is governed by a board of nine directors who serve
7-19 staggered terms of four years with four or five members' terms
7-20 expiring June 1 of each odd-numbered year. At least one director
7-21 must be a resident of the district. The board by resolution may
7-22 increase or decrease the number of directors on the board if the
7-23 board finds that the change is in the best interest of the
7-24 district. The board must consist of not fewer than nine and not
7-25 more than 30 directors.
7-26 (b) Subchapter D, Chapter 375, applies to the board to the
7-27 extent that subchapter does not conflict with this subchapter.
8-1 (c) Notwithstanding Section 375.071, the imposition of a
8-2 tax, assessment, or impact fee requires a vote of a majority of the
8-3 directors serving.
8-4 Sec. 376.270. APPOINTMENT OF DIRECTORS; VACANCY. The county
8-5 judge and members of the governing body of the county shall appoint
8-6 directors from persons recommended by the board who meet the
8-7 qualifications of Subchapter D, Chapter 375. A vacancy in the
8-8 office of director because of the death, resignation, or removal of
8-9 a director shall be filled by the remaining members of the board by
8-10 appointing a qualified person for the unexpired term.
8-11 Sec. 376.271. POWERS OF DISTRICT. The district has:
8-12 (1) all powers necessary or required to accomplish the
8-13 purposes for which the district was created;
8-14 (2) the rights, powers, privileges, authority, and
8-15 functions of a district created under Chapter 375;
8-16 (3) the powers given to a corporation under Section
8-17 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
8-18 Texas Civil Statutes), and the power to own, operate, acquire,
8-19 construct, lease, improve, and maintain projects;
8-20 (4) the power to impose ad valorem taxes, assessments,
8-21 or impact fees in accordance with Chapter 375 to provide
8-22 improvements and services for a project or activity the district is
8-23 authorized to acquire, construct, improve, or provide under this
8-24 subchapter; and
8-25 (5) the power to correct, add to, or delete
8-26 assessments from its assessment rolls after notice and hearing as
8-27 provided by Subchapter F, Chapter 375.
9-1 Sec. 376.272. SALES AND USE TAX. (a) The district may
9-2 impose a sales and use tax. Revenue from the tax may be used for
9-3 any purpose for which ad valorem tax revenue of the district may be
9-4 used.
9-5 (b) The district may not adopt a tax under this subchapter
9-6 if, as a result of the adoption of the tax, the combined rate of
9-7 all sales and use taxes imposed by the county and other political
9-8 subdivisions of this state that have territory in the county would
9-9 exceed two percent at any location in the district.
9-10 Sec. 376.273. EMINENT DOMAIN. The district may not exercise
9-11 the power of eminent domain.
9-12 Sec. 376.274. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
9-13 AFFECTING PROPERTY. (a) If the district, in exercising a power
9-14 conferred by this subchapter, requires a relocation, adjustment,
9-15 raising, lowering, rerouting, or changing the grade or the
9-16 construction of any of the following items, the district must take
9-17 that required action at the sole expense of the district:
9-18 (1) a street, alley, highway, overpass, underpass,
9-19 road, railroad track, bridge, facility, or other property;
9-20 (2) an electric line, conduit, facility, or other
9-21 property;
9-22 (3) a telephone or telegraph line, conduit, facility,
9-23 or other property;
9-24 (4) a gas transmission or distribution pipe, pipeline,
9-25 main, facility, or other property;
9-26 (5) a water, sanitary sewer, or storm sewer pipe,
9-27 pipeline, main, facility, or other property;
10-1 (6) a cable television line, cable, conduit, facility,
10-2 or other property; or
10-3 (7) another pipeline, facility, or other property
10-4 relating to the pipeline.
10-5 (b) The district shall bear damages that are suffered by
10-6 owners of the facility or other property.
10-7 Sec. 376.275. RELATION TO OTHER LAW. If any provision of a
10-8 law referenced in Section 376.271 is in conflict with or is
10-9 inconsistent with this subchapter, this subchapter prevails. Any
10-10 law referenced in this subchapter that is not in conflict or
10-11 inconsistent with this subchapter is adopted and incorporated by
10-12 reference.
10-13 Sec. 376.276. REQUIREMENTS FOR FINANCING SERVICES AND
10-14 IMPROVEMENTS. The board may not finance services and improvement
10-15 projects under this subchapter unless a written petition requesting
10-16 those improvements or services has been filed with the board. The
10-17 petition must be signed by:
10-18 (1) the owners of a majority of the assessed value of
10-19 real property in the district as determined by the most recent
10-20 certified county property tax rolls; or
10-21 (2) at least 50 persons who own land in the district,
10-22 if there are more than 50 persons who own property in the district
10-23 as determined by the most recent certified county property tax
10-24 rolls.
10-25 Sec. 376.277. NONPROFIT CORPORATION. (a) The board by
10-26 resolution may authorize the creation of a nonprofit corporation to
10-27 assist and act on behalf of the district in implementing a project
11-1 or providing a service this subchapter authorizes.
11-2 (b) A nonprofit corporation created under this section:
11-3 (1) has the powers of and is considered for purposes
11-4 of this subchapter to be a local government corporation created
11-5 under Chapter 431, Transportation Code; and
11-6 (2) may implement any project or provide any services
11-7 this subchapter authorizes.
11-8 (c) The board shall appoint the board of directors of a
11-9 nonprofit corporation created under this section. The board of
11-10 directors of the nonprofit corporation shall serve in the same
11-11 manner as, for the same term as, and on the conditions of the board
11-12 of directors of a local government corporation created under
11-13 Chapter 431, Transportation Code.
11-14 Sec. 376.278. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
11-15 board by resolution shall establish the number of directors'
11-16 signatures and the procedure required for a disbursement or
11-17 transfer of the district's money.
11-18 Sec. 376.279. BONDS. (a) The district may issue bonds or
11-19 other obligations payable in whole or in part from ad valorem
11-20 taxes, assessments, impact fees, revenues, grants, or other money
11-21 of the district, or any combination of those sources of money, to
11-22 pay for any authorized purpose of the district.
11-23 (b) Bonds or other obligations of the district may be issued
11-24 in the form of bonds, notes, certificates of participation,
11-25 including other instruments evidencing a proportionate interest in
11-26 payments to be made by the district, or other obligations that are
11-27 issued in the exercise of the district's borrowing power and may be
12-1 issued in bearer or registered form or not represented by an
12-2 instrument but the transfer of which is registered on books
12-3 maintained by or on behalf of the district.
12-4 (c) Except as provided by Subsection (d), the district must
12-5 obtain the municipality's approval of:
12-6 (1) the issuance of bonds for an improvement project;
12-7 (2) the plans and specifications of the improvement
12-8 project to be financed by the bonds; and
12-9 (3) the plans and specifications of a district
12-10 improvement project related to:
12-11 (A) the use of land owned by the county;
12-12 (B) an easement granted by the county; or
12-13 (C) a right-of-way of a street, road, or
12-14 highway.
12-15 (d) If the district obtains the municipality's approval of a
12-16 capital improvements budget for a specified period not to exceed
12-17 five years, the district may finance the capital improvements and
12-18 issue bonds specified in the budget without further municipal
12-19 approval.
12-20 (e) Before the district issues bonds, the district shall
12-21 submit the bonds and the record of proceedings of the district
12-22 relating to authorization of the bonds to the attorney general for
12-23 approval as provided by Chapter 53, Acts of the 70th Legislature,
12-24 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
12-25 Statutes).
12-26 Sec. 376.280. ASSESSMENTS. (a) The board may impose and
12-27 collect an assessment for any purpose authorized by this
13-1 subchapter.
13-2 (b) Assessments, reassessments, or assessments resulting
13-3 from an addition to or correction of the assessment roll by the
13-4 district, penalties and interest on an assessment or reassessment,
13-5 expenses of collection, and reasonable attorney's fees incurred by
13-6 the district:
13-7 (1) are a first and prior lien against the property
13-8 assessed;
13-9 (2) are superior to any other lien or claim other than
13-10 a lien or claim for county, school district, or municipal ad
13-11 valorem taxes; and
13-12 (3) are the personal liability of and charge against
13-13 the owners of the property even if the owners are not named in the
13-14 assessment proceedings.
13-15 (c) The lien is effective from the date of the resolution of
13-16 the board levying the assessment until the assessment is paid. The
13-17 board may enforce the lien in the same manner that the board may
13-18 enforce an ad valorem tax lien against real property.
13-19 Sec. 376.281. PROPERTY EXEMPTED FROM TAX, FEE, OR
13-20 ASSESSMENT. (a) The district may not impose an impact fee or
13-21 assessment under Chapter 375 on a residential property, multi-unit
13-22 residential property, or condominium.
13-23 (b) The district may not impose an impact fee or assessment
13-24 on the property, equipment, or facilities of an electric utility as
13-25 defined by Section 31.002, Utilities Code or a gas utility as
13-26 defined by Section 101.003 or 121.001, Utilities Code.
13-27 Sec. 376.282. ELECTIONS. (a) In addition to the elections
14-1 the district must hold under Subchapter L, Chapter 375, the
14-2 district shall hold an election in the manner provided by that
14-3 subchapter to obtain voter approval before the district imposes a
14-4 maintenance tax or issues bonds payable from ad valorem taxes or
14-5 assessments.
14-6 (b) The board may submit multiple purposes in a single
14-7 proposition at an election.
14-8 Sec. 376.283. IMPACT FEES. The district may impose an
14-9 impact fee for an authorized purpose as provided by Subchapter G,
14-10 Chapter 375.
14-11 Sec. 376.284. MAINTENANCE TAX. (a) If authorized at an
14-12 election held in accordance with Section 376.282, the district may
14-13 impose and collect an annual ad valorem tax on taxable property in
14-14 the district for the maintenance and operation of the district and
14-15 the improvements constructed or acquired by the district or for the
14-16 provision of services.
14-17 (b) The board shall determine the tax rate.
14-18 Sec. 376.285. DISSOLUTION OF DISTRICT. (a) The district
14-19 may be dissolved as provided in Subchapter M, Chapter 375.
14-20 (b) Notwithstanding Section 375.264, the district may be
14-21 dissolved if the district has debt. If the district has debt and
14-22 is dissolved, the district shall remain in existence solely for the
14-23 limited purpose of discharging its bonds or other obligations
14-24 according to their terms.
14-25 Sec. 376.286. CONTRACTS. (a) To protect the public
14-26 interest, the district may contract with the municipality or county
14-27 for the provision of law enforcement services by the county or
15-1 municipality in the district on a fee basis.
15-2 (b) The municipality, county, or another political
15-3 subdivision of the state, without further authorization, may
15-4 contract with the district to implement a project of the district
15-5 or assist the district in providing the services authorized under
15-6 this subchapter. A contract under this subsection may:
15-7 (1) be for a period on which the parties agree;
15-8 (2) include terms on which the parties agree;
15-9 (3) be payable from taxes or any other sources of
15-10 revenue that may be available for such purpose; or
15-11 (4) provide that taxes or other revenue collected at a
15-12 district project or from a person using or purchasing a commodity
15-13 or service at a district project may be paid or rebated to the
15-14 district under the terms of the contract.
15-15 (c) The district may enter into a contract, lease, or other
15-16 agreement with or make or accept grants and loans to or from:
15-17 (1) the United States;
15-18 (2) the state or a state agency;
15-19 (3) any county, any municipality, or another political
15-20 subdivision of the state;
15-21 (4) a public or private corporation, including a
15-22 nonprofit corporation created by the board under this subchapter;
15-23 or
15-24 (5) any other person.
15-25 (d) The district may perform all acts necessary for the full
15-26 exercise of the powers vested in the district on terms and for the
15-27 period the board determines advisable.
16-1 Sec. 376.287. INITIAL DIRECTORS. (a) The initial board
16-2 consists of the following persons:
16-3 Pos. No. Name of Director
16-4 1 Clyde Bailey
16-5 2 Sylvia Bolling
16-6 3 Reyes Garcia
16-7 4 Leland Jauer
16-8 5 V. E. (Vic) Mauldin
16-9 6 W. Steve Mead
16-10 7 Art Murillo
16-11 8 Ray Shotwell
16-12 9 Richard Villanueva
16-13 (b) Of the initial directors, the directors appointed for
16-14 positions 1 through 4 serve until June 1, 2001, and the directors
16-15 appointed for positions 5 through 9 serve until June 1, 2003.
16-16 (c) This section expires September 1, 2004.
16-17 Sec. 376.288. ANNEXATION OF CERTAIN TERRITORY BY GOVERNING
16-18 BODY OF MUNICIPALITY. (a) If territory in a municipality's limit
16-19 or extraterritorial jurisdiction is included in the district, the
16-20 municipality's governing body may remove that territory from the
16-21 district if the district does not have bonded indebtedness.
16-22 (b) To remove territory under Subsection (a), the governing
16-23 body of the municipality must notify the secretary of the board of
16-24 the district in writing that the territory is excluded from the
16-25 district's territory.
16-26 (c) If a municipality annexes territory that is in its
16-27 extraterritorial jurisdiction and included in the district, the
17-1 governing body of the municipality shall notify the secretary of
17-2 the board of the district in writing that the annexed territory is
17-3 excluded from the district's territory.
17-4 SECTION 2. The legislature finds that:
17-5 (1) proper and legal notice of the intention to
17-6 introduce this Act, setting forth the general substance of this
17-7 Act, has been published as provided by law, and the notice and a
17-8 copy of this Act have been furnished to all persons, agencies,
17-9 officials, or entities to which they are required to be furnished
17-10 by the constitution and laws of this state, including the governor,
17-11 who has submitted the notice and Act to the Texas Natural Resource
17-12 Conservation Commission;
17-13 (2) the Texas Natural Resource Conservation Commission
17-14 has filed its recommendations relating to this Act with the
17-15 governor, lieutenant governor, and speaker of the house of
17-16 representatives within the required time;
17-17 (3) the general law relating to consent by political
17-18 subdivisions to the creation of districts with conservation,
17-19 reclamation, and road powers and the inclusion of land in those
17-20 districts has been complied with; and
17-21 (4) all requirements of the constitution and laws of
17-22 this state and the rules and procedures of the legislature with
17-23 respect to the notice, introduction, and passage of this Act have
17-24 been fulfilled and accomplished.
17-25 SECTION 3. The importance of this legislation and the
17-26 crowded condition of the calendars in both houses create an
17-27 emergency and an imperative public necessity that the
18-1 constitutional rule requiring bills to be read on three several
18-2 days in each house be suspended, and this rule is hereby suspended,
18-3 and that this Act take effect and be in force from and after its
18-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2891 was passed by the House on April
30, 1999, by the following vote: Yeas 138, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2891 on May 27, 1999, by the following vote: Yeas 142, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2891 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor