By: Hegar H.B. No. 3575
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Katy Towne Centre Development
District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) Katy Towne Centre
Development District is created as a special district under Section
52, Article III, Section 59, Article XVI, and Section 1-g, Article
VIII, Texas Constitution.
(b) The board by resolution may change the district's name.
SECTION 2. DECLARATION OF INTENT. (a) The creation of the
district is necessary to promote, develop, encourage, and maintain
transportation, safety, employment, commerce, housing, tourism,
recreation, arts, entertainment, economic development, and the
public welfare in the area of the district.
(b) The creation of the district is essential to accomplish
the purposes of Sections 52 and 52-a, Article III, Section 59,
Article XVI, and Section 1-g, Article VIII, Texas Constitution, and
other public purposes stated in this Act.
SECTION 3. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of district.
(2) "District" means Katy Towne Centre Development
District.
SECTION 4. BOUNDARIES. The district includes all the
territory contained in the following described area:
BEING A 85.032 ACRE TRACT OF LAND OUT OF A CALLED 101.1282 ACRE
TRACT OF LAND RECORDED UNDER P-450993 IN THE CLERK'S FILE RECORDS OF
HARRIS COUNTY, TEXAS SAID 85.032 ACRE TRACT BEING OUT OF AND A PART
OF THE J.W. MCCUTCHEON SURVEY, ABSTRACT 1348, THE JESSE THOMPSON
SURVEY, ABSTRACT 393 AND THE JOHN MCKNIGHT SURVEY, ABSTRACT 292 IN
BOTH HARRIS COUNTY, TEXAS AND FORT BEND - COUNTY, TEXAS AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at a 1/2-inch iron rod found at the intersection of the
East right-of-way line of Pin Oak Road (varying width) with the
South right-of-way line of Roberts road (60.00 feet wide) said
1/2-inch iron rod also being the Northwest corner of a 20.00 acre
tract of land recorded under P-691302 of said Clerk's File Records
and being South 2° 12' 12" East 60.00 feet from Northwest corner of
said 101.1282 acre tract of land;
THENCE: South 2° 12' 12" East 733.78 feet along the East
right-of-way line of said Pin Oak Road and the West line of said
20.00 acre tract to a 1/2-inch iron rod found for the Southwest
corner of said 20.00 acre tract;
THENCE: North 87° 53' 02" East 20.00 feet along the South line of
said 20.00 acre tract to a 1/2-inch iron rod found and the POINT OF
BEGINNING of the description;
THENCE: North 87° 53' 02" East 1158.73 feet along the South line of
said 20.00 acre tract to a 1/2-inch iron rod found for the Southeast
corner of said 20.00 acre tract;
THENCE: North 2° 12' 36" West (called North 2° 12' 12" West), at
744.44 feet pass a 1/2-inch iron rod found for the Northeast corner
of said 20.00 acre tract in the South line of an easement conveyed
to the City of Katy, Texas recorded in Volume 7527, Page 201 of the
deed records of said Harris County, Texas, in all 804.44 feet to a
5/8-inch iron rod found in the North line of said easement for the
Southeast corner of a 0.529 acre tract of land recorded in Volume
7470, Page 50 of said deed records, said 5/8-inch iron rod being
North 87° 21' 57" East 982.55 feet from a 3/4-inch iron pipe found in
the center of Thomas Street for the Southeast corner of the J.J.
Crawford Survey, Abstract 205, the most Westerly Southwest corner
of the J.W. McCutcheon Survey, Abstract 1348, the most Northern
Northeast corner of the J. Thompson Survey, Abstract 393 also being
the Northwest corner of said easement conveyed to the City of Katy,
Texas in said Volume 7527, Page 201;
THENCE: North 1° 24' 18" West, at 280.95 feet pass the Northeast
corner of said 0.529 acre tract, in all 340.76 feet along the East
line of said 0.529 acre tract and along the East line of a 0.591 acre
tract, being the residue of a 1.161 acre tract of land recorded in
Volume 7274, Page 624 of said deed records to a 1/2-inch iron rod
found in the South right-of-way line of U.S. Highway 90;
THENCE: North 88° 51' 54" East 68.66 feet along the South
right-of-way line of said U.S. Highway 90 to a 3/4-inch iron rod
found at a point of curvature;
THENCE: 138.95 feet along the arc of a curve to the right, having a
radius of 5694.58 feet and a chord bearing North 89° 18' 18" East
138.95 feet to a 3/4-inch iron rod found at a point of tangency;
THENCE: South 89° 57' 12" East 136.24 feet along said South
right-of-way line to a 3/4-inch rod found;
THENCE: North 48° 33' 09" East 55.73 feet along said South
right-of-way line to a 2-inch iron pipe found for the Northwest
corner of Tucker's Lane (30 foot private road);
THENCE: North 86° 22' 18" East 30.39 feet along said South
right-of-way line to a 3/4-inch iron rod found for the Northeast
corner of said Tucker's Lane, the same being the Northwest corner of
a 1.8244 acre tract of land recorded in volume 3245, Page 21 of said
deed records;
THENCE: South 1° 31' 39" East 307.78 feet along the West line of said
1.8244 acre tract and the East line of said Tucker's Lane to a
3/4-inch pinched iron pipe found at an angle point;
THENCE: South 470° 11' 08" East, at 275.11 feet pass the Southeast
corner of said 1.8244 acre tract, the same being the Westerly most
Southwest of a 10.1451 acre tact of land recorded under L-041936 of
said Clerk's File Records, in all 1526.46 feet along the
Southwesterly line of said 1.8244 acre tract and the Southwesterly
line of said 10.1451 acre tract to a 1 1/2-inch iron pipe found for
the South corner of said 10.1451 acre tract in the North
right-of-way of Interstate Highway 10 Service Road;
THENCE: South 40° 52' 09" West 768.09 feet along the North
right-of-way line of said Interstate Highway 10 Service Road to a
concrete right-of-way monument found at a point of curvature;
THENCE: 955.70 feet along the arc of a curve to the right, having a
radius of 2704.79 feet and a chord bearing South 51° 02' 27" West
950.74 feet and along said North right-of-way line to a partly
demolished concrete right-of-way monument found at a point of
tangency;
THENCE: South 61° 43' 28" West 63.55 feet along said North
right-of-way line to a partly demolished concrete right-of-way
monument found at a point of curvature;
THENCE: 486.09 feet along the arc of a curve to the right, having a
radius of 532.96 feet and a chord bearing South 87° 10' 56" West
469.42 feet and along said North right-of-way line to a partly
demolished concrete right-of-way monument found at a point of
tangency;
THENCE: North 66° 32' 22" West at 87.54 feet pass 1/2-inch iron pipe
found, in all 153.14 feet along said North right-of-way-line to a
2-inch pipe found;
THENCE: North 66° 36' 10" West 91.30 feet along said North
right-of-way line to a concrete right-of-way monument found at a
point of curvature;
THENCE: 427.77 feet along the arc of a curve to the left, having a
radius of 605.16 feet and a chord bearing North 86° 28' 19" West
418.92 feet to a partly demolished concrete right-of-way monument
found;
THENCE: South 72° 53' 48" West 61.32 feet along said North
right-of-way line to a concrete right-of-way monument found for the
Southeast cut-back corner at the Pin Oak Road intersection;
THENCE: North 34° 47' 39" West 142.04 feet along the Southeast
cut-back line to a 1/2-inch iron rod found at the South corner of a
0.080 acre tract of land recorded under 9568797 of the Clerk's File
Records of said Fort Bend County, Texas;
THENCE: North 16° 32' 07" West 284.00 feet along the East line of
said 0.080 acre tract to a 1/2-inch iron rod found in the East line
of a 0.045 acre tract of land (Tract I) recorded under 9509640 of
said Clerk's File Records;
THENCE: North 2° 12' 12" West, at 76.96 feet pass a 1/2-inch iron rod
found for the Northeast corner of said 0.045 acre tract, the same
being the Southeast corner of a 0.357 (Tract II) acre tract of land
recorded under 9509640 of said Clerk's File Records, in all 854.65
feet along the East line of said 0.045 acre tract and the East line
of said 0.357 acre tract to the POINT OF BEGINNING, containing an
area of 85.032 acres of land.
The bearings recited herein are based on the East right-of-way line
of Pin Oak Road running North 2° 12' 12" West.
SAVE AND EXCEPT:
A tract of land containing 1.010 acres (44,000 square feet) out of
the Jesse Thompson Survey, Abstract No. 393, Fort Bend County,
Texas. Said 1.010-acre tract being a portion of an 85.032-acre
tract of land conveyed to Omega III Investment Company as recorded
under Harris County Clerk's File No. S269724, Film Code No.
511-38-2179 of the Official Public Records of Real Property in
Harris County, Texas. Said 1.010-acre tract being more particularly
described by metes and bounds as follows, with the
basis-of-bearings being the east right-of way line of Pin Oak Road
(width varies):
BEGINNING at a 5/8-inch iron rod found in the east right-of-way line
of said Pin Oak Road for the southwest corner of a 20.000-acre tract
of land conveyed to First Baptist Church, Katy, Texas as recorded
under Harris County Clerk's File No. P691302, Film Code No.
199-53-1913 of the Official Public Records of Real Property in
Harris County, Texas, for a northwest corner of said 85.032-acre
tract and the northwest corner of the tract herein described;
THENCE: North 87° 53' 02" East, along the south line of said
20.000-acre tract, along a north line of said 85.032-acre tract, a
distance of 220.00 feet to a 5/8-inch rod with cap (stamped "WEISSER
ENG. HOUSTON, TX") set in the south line of said 20.00-acre tract,
in a north line of said 85.032-acre tract for the northeast corner
of said tract herein described;
THENCE: South 02° 12' 12" East, leaving the south line of said
20.000-acre tract, leaving a north line of said 85.032-acre tract,
parallel to and 220.00 feet east of the east right-of-way line of
said Pin Oak Road, a distance of 200.00 feet to a 5/8-inch iron rod
with cap (stamped "WEISSER ENG. HOUSTON, TX") set for the southeast
corner of said tract herein described;
THENCE: South 87° 53' 02" West, parallel to and 200.00 feet south of
a north line of said 85.032-acre tract, a distance of 220.00 feet to
a 5/8-inch iron rod with cap (stamped "WEISSER ENG. HOUSTON, TX")
set in the east right-of-way line of said Pin Oak Road for the
southwest corner of said tract herein described;
THENCE: North 02° 12' 12" West, along the east right-of-way line of
said Pin Oak Road, a distance of 200.00 feet to the POINT OF
BEGINNING and containing 1.010 acres (44,000 square feet) of land.
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
and field notes of the district form a closure. If a mistake is made
in the field notes or in copying the field notes in the legislative
process, the mistake does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit. All the land
and other property included in the district will be benefited by the
improvements and services to be provided by the district under
powers conferred by Sections 52 and 52-a, Article III, and Section
59, Article XVI, Texas Constitution, and other powers granted under
this Act.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of the development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment and
develop or expand transportation and commerce.
(c) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, consumers in the
district, and the general public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) further promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic beauty.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(e) The district will not act as the agent or
instrumentality of any private interest even though many private
interests will be benefited by the district, as will the general
public.
(f) It is hereby found that:
(1) the area within the district is unproductive,
underdeveloped or blighted;
(2) development or redevelopment would not occur
solely through private investment in the reasonably foreseeable
future;
(3) the area within the district substantially arrests
and impairs the sound growth of the City of Katy, Texas, retards the
provision of housing accommodations, and constitutes an economic
and social liability and is a menace to the public health, safety,
morals, and welfare in its present condition and use; and
(4) the area within the district is predominantly open
and, because of obsolete platting, deterioration of structures or
site improvements, or other factors, substantially impairs or
arrest the sound growth of the City of Katy, Texas.
(g) Notwithstanding any law to the contrary, all or any part
of the area of the district is eligible to be included in a tax
incremental reinvestment zone created by the municipality under
Chapter 311, Tax Code.
SECTION 7. POWERS OF DISTRICT. (a) The district has all of
the powers and authority provided by the general laws of this state
on road districts and road utility districts created under Section
52, Article III, Texas Constitution, and on conservation and
reclamation districts and municipal management districts created
under Section 59, Article XVI, Texas Constitution, including:
(1) Chapters 257 and 441, Transportation Code;
(2) Chapter 375, Local Government Code; and
(3) Chapters 54 and 49, Water Code.
(b) The district may impose ad valorem taxes, assessments,
and impact fees and apply the proceeds of the taxes, assessments or
impact fees to the payment of debt, to contract payments, or to
maintenance and operating expenses.
(c) This Act shall be liberally construed in conformity with
the legislative findings and purposes set forth in this Act.
(d) If any provision of the general law is in conflict with
this Act, this Act prevails. Any general law which supplements the
power and authority of the district, to the extent not in conflict
or inconsistent with the Act, is adopted and incorporated by
reference.
SECTION 8. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors which shall serve staggered
terms of four years.
(b) Directors shall be appointed by the City Council of the
City of Katy. A vacancy in the office of director shall be filled by
the remaining members of the board.
(b) Section 49.052, Water Code, and Section 375.063, Local
Government Code, do not apply to directors of the district.
SECTION 9. AGREEMENTS: GENERAL; GIFTS, INTERLOCAL
AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
(c) To protect the public interest, the district may
contract with a municipality or county to provide law enforcement
services in the district for a fee.
SECTION 10. ELECTIONS. (a) The district shall hold an
election in the manner provided by Chapters 54 and 49, Water Code,
to obtain voter approval before the district imposes a maintenance
tax or issues bonds payable from ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
SECTION 11. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 10, the district may
impose and collect an annual ad valorem tax on taxable property in
the district for the purposes of the district, including the
maintenance and operation of the district and the improvements
constructed or acquired by the district or for the provision of
services.
(b) The board shall determine the tax rate.
SECTION 12. ASSESSMENTS. (a) The board may impose and
collect an assessment for any purpose authorized by this Act.
(b) The board may not finance a service or improvement
project through assessments under this Act unless a written
petition requesting the improvement or service has been filed with
the board. The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district that will be subject to the assessment
as determined by the most recent certified county property tax
rolls; or
(2) at least 25 persons who own land in the district
that will be subject to the assessment, if there are more than 25
persons who own property in the district that will be subject to the
assessment as determined by the most recent certified county
property tax rolls.
(c) Assessments, including assessments resulting from an
addition to or correction of the assessment roll by the district,
reassessments, penalties and interest on an assessment or
reassessment, expenses of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(d) The lien is effective from the date of the resolution of
the board imposing the assessment until the assessment is paid. The
board may enforce the lien in the same manner that the board may
enforce an ad valorem tax lien against real property.
SECTION 13. TAX INCREMENT FINANCING POWERS. (a) Without
further authorization or procedural requirement and
notwithstanding other statutory criteria, the district is a tax
increment reinvestment zone authorized by Chapter 311, Tax Code.
(b) The district will have all powers conferred under
Chapter 311, Tax Code.
(c) The district may enter into interlocal agreements with
any overlapping taxing entity for the payment of all or a portion of
the tax increment of the entity to the district and the overlapping
taxing entities are authorized to enter into such agreements.
(d) The base year value of the district, for tax increment
financing purposes, is the value as of January 1, 2003, of all
taxable real property in the district as shown on the certified tax
rolls of the central appraisal district.
SECTION 14. BONDS. (a) The district may issue bonds or
other obligations payable in whole or in part from ad valorem taxes,
assessments, impact fees, revenues, grants, or other money of the
district, or any combination of those sources of money, to pay for
any authorized purpose of the district.
(b) Bonds or other obligations of the district may be issued
in the form of bonds, notes, certificates of participation,
including other instruments evidencing a proportionate interest in
payments to be made by the district, or other obligations that are
issued in the exercise of the district's borrowing power and may be
issued in bearer or registered form or not represented by an
instrument but the transfer of which is registered on books
maintained by or on behalf of the district.
SECTION 15. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Name of Director
______________________
______________________
______________________
______________________
______________________
(b) Of the initial directors, the terms of the first three
directors named in subsection (a) expire on May 6, 2006, and the
terms of the last two directors named in subsection (a) expire on
May 1, 2004.
(d) This section expires September 1, 2006.
SECTION 16. The legislature finds that:
(1) proper and legal notice of the intention to introduce
this Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and laws of this state, including the governor, who
has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 17. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.