76R10738 CMR-D
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
1-25 not to be interpreted to relieve the county from providing the
1-26 level of services, as of September 1, 1999, to the area in the
1-27 district or to release the county from the obligations the entity
2-1 has to provide services to that area. The district is created to
2-2 supplement and not supplant the county services provided in the
2-3 area in the district.
2-4 (c) By creating the district and in authorizing the
2-5 municipality, county, and other political subdivisions to contract
2-6 with the district, the legislature has established a program to
2-7 accomplish the public purposes set out in Section 52-a, Article
2-8 III, Texas Constitution.
2-9 Sec. 376.263. DEFINITIONS. In this subchapter:
2-10 (1) "Board" means the board of directors of the
2-11 district.
2-12 (2) "County" means Harris County.
2-13 (3) "District" means the Aldine Community Improvement
2-14 District.
2-15 (4) "Municipality" means the City of Houston.
2-16 Sec. 376.264. BOUNDARIES. The district includes all the
2-17 territory contained in the following described area:
2-18 Being 14.79 square miles, more or less,
2-19 Beginning at the northeast corner of Aldine Mail Road and the Hardy
2-20 Toll Road
2-21 Thence north along the east right-of-way line of Hardy Toll Road a
2-22 distance of approximately two (2) miles to the north right-of-way
2-23 line of State Highway 525
2-24 Thence along the north right-of-way line of State Highway 525
2-25 approximately 2.75 miles to the west right-of-way line of John F.
2-26 Kennedy Boulevard
2-27 Thence south along the west right-of-way line of John F. Kennedy
3-1 Boulevard a distance of approximately one (1) mile to the City of
3-2 Houston City limits
3-3 Thence east a distance of approximately one-quarter mile (1/4) mile
3-4 to the east right-of-way line of Heathrow Forest Parkway
3-5 Thence north along the east right-of-way line of Heathrow Forest
3-6 Parkway a distance of approximately one-quarter mile (1/4) mile to
3-7 the City of Houston City limits
3-8 Thence east along the south side of the City of Houston City limits
3-9 a distance of approximately one-half (1/2) mile
3-10 Thence south a distance of approximately one-quarter mile (1/4)
3-11 mile
3-12 Thence east a distance of approximately one-eighth (1/8) mile to
3-13 the east right-of-way line of Sequoia Bend Boulevard
3-14 Thence north along the east right-of-way line of Sequoia Bend
3-15 Boulevard a distance of approximately one-half (1/2) mile to the
3-16 north right-of-way line of State Highway 525
3-17 Thence east along the north right-of-way line of State Highway 525
3-18 a distance of approximately three-quarters (3/4) of one mile to the
3-19 east right-of-way line of Lee Road
3-20 Thence south along the east right-of-way line of Lee Road becoming
3-21 Homestead Road a distance of approximately two and one-half miles
3-22 to the north right-of-way line of Mount Houston Road
3-23 Thence west along the north right-of-way line of Mount Houston Road
3-24 a distance of approximately one-quarter mile to the west line of
3-25 the Southern Pacific Railroad property
3-26 Thence southwest along the Southern Pacific Railroad property a
3-27 distance of approximately one and three-quarters mile to the north
4-1 right-of-way line of Langley Road
4-2 Thence west along the north right-of-way line of Langley Road a
4-3 distance of approximately one mile to the east right-of-way line of
4-4 U.S. Highway 59
4-5 Thence northeast along the east right-of-way line of U.S. Highway
4-6 59 a distance of approximately one-quarter mile to the north
4-7 right-of-way line of Little York Road
4-8 Thence west along the north right-of-way line of Little York Road a
4-9 distance of approximately one-quarter mile to the east right-of-way
4-10 line of Bentley Road
4-11 Thence north along the east right-of-way line of Bentley Road a
4-12 distance of approximately one-quarter mile to the north
4-13 right-of-way line of Sagebrush Road
4-14 Thence west along the north right-of-way line of Sagebrush Road a
4-15 distance of approximately one-third (1/3) mile to the west line of
4-16 Halls Bayou
4-17 Thence south along the west line of Halls Bayou a distance of
4-18 approximately one-quarter mile to the north right-of-way line of
4-19 Little York Road
4-20 Thence west along the north right-of-way line of Little York Road a
4-21 distance of approximately one-half mile to the City of Houston City
4-22 limits line adjacent to and east of Aldine Westfield Road
4-23 Thence north along the City of Houston City limits line adjacent to
4-24 and east of Aldine Westfield Road a distance of approximately
4-25 one-eighth mile along the east line of the City of Houston City
4-26 limits line
4-27 Thence west along the north line of the City of Houston City limits
5-1 line a distance of approximately three-quarter mile to the east
5-2 right-of-way line of Hardy Toll Road
5-3 Thence north along the east right-of-way line of Hardy Toll Road a
5-4 distance of approximately two miles to the north right-of-way line
5-5 of Aldine Mail Road and the Point of Beginning
5-6 Save and Except the Following Parcels:
5-7 Parcel Number One: City of Houston Keith-Weiss Park
5-8 Parcel Number Two: That portion of City of Houston Melrose Park
5-9 east of the right-of-way line of Hardy Toll
5-10 Road
5-11 SAVE AND EXCEPT all tracts or parcels of land, rights-of-way,
5-12 facilities, and improvements owned by an electric utility as
5-13 defined by Section 31.002, Utilities Code.
5-14 Sec. 376.265. FINDINGS RELATING TO BOUNDARIES. The
5-15 boundaries and field notes of the district form a closure. If a
5-16 mistake is made in the field notes or in copying the field notes in
5-17 the legislative process, the mistake does not in any way affect
5-18 the:
5-19 (1) organization, existence, and validity of the
5-20 district;
5-21 (2) right of the district to issue any types of bonds
5-22 or refunding bonds for the purposes for which the district is
5-23 created or to pay the principal of and interest on the bonds;
5-24 (3) right of the district to impose and collect
5-25 assessments or taxes; or
5-26 (4) legality or operation of the district or its
5-27 governing body.
6-1 Sec. 376.266. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
6-2 All the land and other property included in the district will be
6-3 benefited by the improvements and services to be provided by the
6-4 district under powers conferred by Section 52, Article III, Section
6-5 59, Article XVI, and Section 52-a, Article III, Texas Constitution,
6-6 and other powers granted under this subchapter, and the district is
6-7 created to serve a public use and benefit.
6-8 (b) The creation of the district is in the public interest
6-9 and is essential to:
6-10 (1) further the public purposes of the development and
6-11 diversification of the economy of the state; and
6-12 (2) eliminate unemployment and underemployment and
6-13 develop or expand transportation and commerce.
6-14 (c) The district will:
6-15 (1) promote the health, safety, and general welfare of
6-16 residents, employers, potential employees, employees, visitors,
6-17 consumers in the district, and the general public;
6-18 (2) provide needed funding for the Aldine Community
6-19 area to preserve, maintain, and enhance the economic health and
6-20 vitality of the area as a community and business center; and
6-21 (3) further promote the health, safety, welfare, and
6-22 enjoyment of the public by providing pedestrian ways and by
6-23 landscaping and developing certain areas in the district, which are
6-24 necessary for the restoration, preservation, and enhancement of
6-25 scenic beauty.
6-26 (d) Pedestrian ways along or across a street, whether at
6-27 grade or above or below the surface, and street lighting, street
7-1 landscaping, and street art objects are parts of and necessary
7-2 components of a street and are considered to be a street or road
7-3 improvement.
7-4 (e) The district will not act as the agent or
7-5 instrumentality of any private interest even though many private
7-6 interests will be benefited by the district, as will the general
7-7 public.
7-8 Sec. 376.267. APPLICATION OF OTHER LAW. Except as otherwise
7-9 provided by this subchapter, Chapter 375 applies to the district.
7-10 Sec. 376.268. CONSTRUCTION OF SUBCHAPTER. This subchapter
7-11 shall be liberally construed in conformity with the findings and
7-12 purposes stated in this subchapter.
7-13 Sec. 376.269. BOARD OF DIRECTORS IN GENERAL. (a) The
7-14 district is governed by a board of nine directors who serve
7-15 staggered terms of four years with four or five members' terms
7-16 expiring June 1 of each odd-numbered year. At least one director
7-17 must be a resident of the district. The board by resolution may
7-18 increase or decrease the number of directors on the board if the
7-19 board finds that the change is in the best interest of the
7-20 district. The board must consist of not fewer than nine and not
7-21 more than 30 directors.
7-22 (b) Subchapter D, Chapter 375, applies to the board to the
7-23 extent that subchapter does not conflict with this subchapter.
7-24 (c) Notwithstanding Section 375.071, the imposition of a
7-25 tax, assessment, or impact fee requires a vote of a majority of the
7-26 directors serving.
7-27 Sec. 376.270. APPOINTMENT OF DIRECTORS; VACANCY. The county
8-1 judge and members of the governing body of the county shall appoint
8-2 directors from persons recommended by the board who meet the
8-3 qualifications of Subchapter D, Chapter 375. A vacancy in the
8-4 office of director because of the death, resignation, or removal of
8-5 a director shall be filled by the remaining members of the board by
8-6 appointing a qualified person for the unexpired term.
8-7 Sec. 376.271. POWERS OF DISTRICT. The district has:
8-8 (1) all powers necessary or required to accomplish the
8-9 purposes for which the district was created;
8-10 (2) the rights, powers, privileges, authority, and
8-11 functions of a district created under Chapter 375;
8-12 (3) the powers given to a corporation under Section
8-13 4B, the Development Corporation Act of 1979 (Article 5190.6,
8-14 Vernon's Texas Civil Statutes), and the power to own, operate,
8-15 acquire, construct, lease, improve, and maintain projects;
8-16 (4) the power to impose ad valorem taxes, assessments,
8-17 or impact fees in accordance with Chapter 375 to provide
8-18 improvements and services for a project or activity the district is
8-19 authorized to acquire, construct, improve, or provide under this
8-20 subchapter; and
8-21 (5) the power to correct, add to, or delete
8-22 assessments from its assessment rolls after notice and hearing as
8-23 provided by Subchapter F, Chapter 375.
8-24 Sec. 376.272. SALES AND USE TAX. The district may impose a
8-25 sales and use tax. Revenue from the tax may be used for any
8-26 purpose for which ad valorem tax revenue of the district may be
8-27 used.
9-1 Sec. 376.273. EMINENT DOMAIN. The district may not exercise
9-2 the power of eminent domain.
9-3 Sec. 376.274. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS
9-4 AFFECTING PROPERTY. (a) If the district, in exercising a power
9-5 conferred by this subchapter, requires a relocation, adjustment,
9-6 raising, lowering, rerouting, or changing the grade or the
9-7 construction of any of the following items, the district must take
9-8 that required action at the sole expense of the district:
9-9 (1) a street, alley, highway, overpass, underpass,
9-10 road, railroad track, bridge, facility, or other property;
9-11 (2) an electric line, conduit, facility, or other
9-12 property;
9-13 (3) a telephone or telegraph line, conduit, facility,
9-14 or other property;
9-15 (4) a gas transmission or distribution pipe, pipeline,
9-16 main, facility, or other property;
9-17 (5) a water, sanitary sewer, or storm sewer pipe,
9-18 pipeline, main, facility, or other property;
9-19 (6) a cable television line, cable, conduit, facility,
9-20 or other property; or
9-21 (7) another pipeline, facility, or other property
9-22 relating to the pipeline.
9-23 (b) The district shall bear damages that are suffered by
9-24 owners of the facility or other property.
9-25 Sec. 376.275. RELATION TO OTHER LAW. If any provision of a
9-26 law referenced in Section 376.271 is in conflict with or is
9-27 inconsistent with this subchapter, this subchapter prevails. Any
10-1 law referenced in this subchapter that is not in conflict or
10-2 inconsistent with this subchapter is adopted and incorporated by
10-3 reference.
10-4 Sec. 376.276. REQUIREMENTS FOR FINANCING SERVICES AND
10-5 IMPROVEMENTS. The board may not finance services and improvement
10-6 projects under this subchapter unless a written petition requesting
10-7 those improvements or services has been filed with the board. The
10-8 petition must be signed by:
10-9 (1) the owners of a majority of the assessed value of
10-10 real property in the district as determined by the most recent
10-11 certified county property tax rolls; or
10-12 (2) at least 50 persons who own land in the district,
10-13 if there are more than 50 persons who own property in the district
10-14 as determined by the most recent certified county property tax
10-15 rolls.
10-16 Sec. 376.277. NONPROFIT CORPORATION. (a) The board by
10-17 resolution may authorize the creation of a nonprofit corporation to
10-18 assist and act on behalf of the district in implementing a project
10-19 or providing a service this subchapter authorizes.
10-20 (b) A nonprofit corporation created under this section:
10-21 (1) has the powers of and is considered for purposes
10-22 of this subchapter to be a local government corporation created
10-23 under Chapter 431, Transportation Code; and
10-24 (2) may implement any project or provide any services
10-25 this subchapter authorizes.
10-26 (c) The board shall appoint the board of directors of a
10-27 nonprofit corporation created under this section. The board of
11-1 directors of the nonprofit corporation shall serve in the same
11-2 manner as, for the same term as, and on the conditions of the board
11-3 of directors of a local government corporation created under
11-4 Chapter 431, Transportation Code.
11-5 Sec. 376.278. DISBURSEMENTS OR TRANSFERS OF FUNDS. The
11-6 board by resolution shall establish the number of directors'
11-7 signatures and the procedure required for a disbursement or
11-8 transfer of the district's money.
11-9 Sec. 376.279. BONDS. (a) The district may issue bonds or
11-10 other obligations payable in whole or in part from ad valorem
11-11 taxes, assessments, impact fees, revenues, grants, or other money
11-12 of the district, or any combination of those sources of money, to
11-13 pay for any authorized purpose of the district.
11-14 (b) Bonds or other obligations of the district may be issued
11-15 in the form of bonds, notes, certificates of participation,
11-16 including other instruments evidencing a proportionate interest in
11-17 payments to be made by the district, or other obligations that are
11-18 issued in the exercise of the district's borrowing power and may be
11-19 issued in bearer or registered form or not represented by an
11-20 instrument but the transfer of which is registered on books
11-21 maintained by or on behalf of the district.
11-22 (c) Except as provided by Subsection (d), the district must
11-23 obtain the municipality's approval of:
11-24 (1) the issuance of bonds for an improvement project;
11-25 (2) the plans and specifications of the improvement
11-26 project to be financed by the bonds; and
11-27 (3) the plans and specifications of a district
12-1 improvement project related to:
12-2 (A) the use of land owned by the county;
12-3 (B) an easement granted by the county; or
12-4 (C) a right-of-way of a street, road, or
12-5 highway.
12-6 (d) If the district obtains the municipality's approval of a
12-7 capital improvements budget for a specified period not to exceed
12-8 five years, the district may finance the capital improvements and
12-9 issue bonds specified in the budget without further municipal
12-10 approval.
12-11 (e) Before the district issues bonds, the district shall
12-12 submit the bonds and the record of proceedings of the district
12-13 relating to authorization of the bonds to the attorney general for
12-14 approval as provided by Chapter 53, Acts of the 70th Legislature,
12-15 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil
12-16 Statutes).
12-17 Sec. 376.280. ASSESSMENTS. (a) The board may impose and
12-18 collect an assessment for any purpose authorized by this
12-19 subchapter.
12-20 (b) Assessments, reassessments, or assessments resulting
12-21 from an addition to or correction of the assessment roll by the
12-22 district, penalties and interest on an assessment or reassessment,
12-23 expenses of collection, and reasonable attorney's fees incurred by
12-24 the district:
12-25 (1) are a first and prior lien against the property
12-26 assessed;
12-27 (2) are superior to any other lien or claim other than
13-1 a lien or claim for county, school district, or municipal ad
13-2 valorem taxes; and
13-3 (3) are the personal liability of and charge against
13-4 the owners of the property even if the owners are not named in the
13-5 assessment proceedings.
13-6 (c) The lien is effective from the date of the resolution of
13-7 the board levying the assessment until the assessment is paid. The
13-8 board may enforce the lien in the same manner that the board may
13-9 enforce an ad valorem tax lien against real property.
13-10 Sec. 376.281. PROPERTY EXEMPTED FROM TAX, FEE, OR
13-11 ASSESSMENT. (a) The district may not impose an impact fee or
13-12 assessment under Chapter 375 on a residential property, multi-unit
13-13 residential property, or condominium.
13-14 (b) The district may not impose an impact fee or assessment
13-15 on the property, equipment, or facilities of an electric utility as
13-16 defined by Section 31.002, Utilities Code.
13-17 Sec. 376.282. ELECTIONS. (a) In addition to the elections
13-18 the district must hold under Subchapter L, Chapter 375, the
13-19 district shall hold an election in the manner provided by that
13-20 subchapter to obtain voter approval before the district imposes a
13-21 maintenance tax or issues bonds payable from ad valorem taxes or
13-22 assessments.
13-23 (b) The board may submit multiple purposes in a single
13-24 proposition at an election.
13-25 Sec. 376.283. IMPACT FEES. The district may impose an impact
13-26 fee for an authorized purpose as provided by Subchapter G, Chapter
13-27 375.
14-1 Sec. 376.284. MAINTENANCE TAX. (a) If authorized at an
14-2 election held in accordance with Section 376.282, the district may
14-3 impose and collect an annual ad valorem tax on taxable property in
14-4 the district for the maintenance and operation of the district and
14-5 the improvements constructed or acquired by the district or for the
14-6 provision of services.
14-7 (b) The board shall determine the tax rate.
14-8 Sec. 376.285. DISSOLUTION OF DISTRICT. (a) The district
14-9 may be dissolved as provided in Subchapter M, Chapter 375.
14-10 (b) Notwithstanding Section 375.264, the district may be
14-11 dissolved if the district has debt. If the district has debt and is
14-12 dissolved, the district shall remain in existence solely for the
14-13 limited purpose of discharging its bonds or other obligations
14-14 according to their terms.
14-15 Sec. 376.286. CONTRACTS. (a) To protect the public
14-16 interest, the district may contract with the municipality or county
14-17 for the provision of law enforcement services by the county or
14-18 municipality in the district on a fee basis.
14-19 (b) The municipality, county, or another political
14-20 subdivision of the state, without further authorization, may
14-21 contract with the district to implement a project of the district
14-22 or assist the district in providing the services authorized under
14-23 this subchapter. A contract under this subsection may:
14-24 (1) be for a period on which the parties agree;
14-25 (2) include terms on which the parties agree;
14-26 (3) be payable from taxes or any other sources of
14-27 revenue that may be available for such purpose; or
15-1 (4) provide that taxes or other revenue collected at a
15-2 district project or from a person using or purchasing a commodity
15-3 or service at a district project may be paid or rebated to the
15-4 district under the terms of the contract.
15-5 (c) The district may enter into a contract, lease, or other
15-6 agreement with or make or accept grants and loans to or from:
15-7 (1) the United States;
15-8 (2) the state or a state agency;
15-9 (3) any county, any municipality, or another political
15-10 subdivision of the state;
15-11 (4) a public or private corporation, including a
15-12 nonprofit corporation created by the board under this subchapter;
15-13 or
15-14 (5) any other person.
15-15 (d) The district may perform all acts necessary for the full
15-16 exercise of the powers vested in the district on terms and for the
15-17 period the board determines advisable.
15-18 Sec. 376.287. INITIAL DIRECTORS. (a) The initial board
15-19 consists of the following persons:
15-20 Pos. No. Name of Director
15-21 1 Clyde Baily
15-22 2 Sylvia Bolling
15-23 3 Reyes Garcia
15-24 4 Leland Jauer
15-25 5 V. E. (Vic) Mauldin
15-26 6 W. Steve Mead
15-27 7 Art Murillo
16-1 8 Ray Shotwell
16-2 9 Richard Villanueva
16-3 (b) Of the initial directors, the directors appointed for
16-4 positions 1 through 4 serve until June 1, 2001, and the directors
16-5 appointed for positions 5 through 9 serve until June 1, 2003.
16-6 (c) This section expires September 1, 2004.
16-7 SECTION 2. The legislature finds that:
16-8 (1) proper and legal notice of the intention to
16-9 introduce this Act, setting forth the general substance of this
16-10 Act, has been published as provided by law, and the notice and a
16-11 copy of this Act have been furnished to all persons, agencies,
16-12 officials, or entities to which they are required to be furnished
16-13 by the constitution and laws of this state, including the
16-14 governor, who has submitted the notice and Act to the Texas Natural
16-15 Resource Conservation Commission;
16-16 (2) the Texas Natural Resource Conservation Commission
16-17 has filed its recommendations relating to this Act with the
16-18 governor, lieutenant governor, and speaker of the house of
16-19 representatives within the required time;
16-20 (3) the general law relating to consent by political
16-21 subdivisions to the creation of districts with conservation,
16-22 reclamation, and road powers and the inclusion of land in those
16-23 districts has been complied with; and
16-24 (4) all requirements of the constitution and laws of
16-25 this state and the rules and procedures of the legislature with
16-26 respect to the notice, introduction, and passage of this Act have
16-27 been fulfilled and accomplished.
17-1 SECTION 3. The importance of this legislation and the
17-2 crowded condition of the calendars in both houses create an
17-3 emergency and an imperative public necessity that the
17-4 constitutional rule requiring bills to be read on three several
17-5 days in each house be suspended, and this rule is hereby suspended,
17-6 and that this Act take effect and be in force from and after its
17-7 passage, and it is so enacted.