By: Jackson S.B. No. 18
A BILL TO BE ENTITLED
AN ACT
relating to the creation and authority of the Baybrook Management
District; providing authority to impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) The Baybrook
Management District is a special district created under Section 59,
Article XVI, Texas Constitution.
(b) The board by resolution may change the name of the
district.
SECTION 2. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Baybrook Management
District.
SECTION 3. DECLARATION OF INTENT. (a) The creation of the
district is essential to accomplish the purposes of Sections 52 and
52-a, Article III, and Section 59, Article XVI, Texas Constitution,
and other public purposes stated in this Act.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the area of the district.
(c) The creation of the district and this legislation may
not be interpreted to relieve Harris County or the City of Houston
from providing the level of services provided, as of the effective
date of this Act, to the area in the district. The district is
created to supplement and not to supplant the county or city
services provided in the area in the district.
(d) By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
SECTION 4. BOUNDARIES. The district includes all the
territory contained in the following described area:
TRACT "B"
Being 620.202 acres of land, more or less, out of the August
Whitlock Survey, A-793, the Robert Wilson League, A-88, and the
Thomas Choate League, A-12, Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a point marked by a 1 inch galvanized iron pipe
at the intersection of the Southerly right-of-way line of Bay Area
Boulevard, 100 feet wide, with the West line of the August Whitlock
Survey, A-793, same being the East line of the Thomas Choate League,
A-12;
THENCE in an Easterly direction, along the Southerly
right-of-way line of Bay Area Boulevard, with a curve to the right
whose radius is 1950.00 feet and central angle is 3° 03' 28", a
distance of 104.07 feet to a 1 inch galvanized iron pipe at a point
of tangent;
THENCE North 77° 51' 10" East, continuing along the Southerly
right-of-way line of Bay Area Boulevard, a distance of 2905.63 feet
to a 1 inch galvanized iron pipe at a point for corner;
THENCE South 12° 08' 50" East, a distance of 23.00 feet to a
1 inch galvanized iron pipe at a point for re-entrant corner on the
Southerly right-of-way line of Bay Area Boulevard, as widened;
THENCE in an Easterly direction, along the Southerly
right-of-way line of Bay Area Boulevard, variable width, with a
curve to the left whose radius is 1505.69 feet, central angle is 13°
43' 34" and whose chord bears North 70° 59' 23" East, a distance,
measured along the arc of said curve, of 360.71 feet to a 1 inch
galvanized iron pipe at a point for the end of said curve;
THENCE North 77° 51' 10" East, continuing along the Southerly
right-of-way line of Bay Area Boulevard, a distance of 108.87 feet
to a 1 inch galvanized iron pipe at a point for corner on the
Westerly right-of-way line of the Bay Area Boulevard, Gulf Freeway
(U.S. 75/I.H. 45) interchange, same being on a Webster City Limit
line;
THENCE in a Southeasterly direction, along the Southwesterly
right-of-way line of the Bay Area Boulevard-Gulf Freeway
interchange, same being a Webster City Limit line with a curve to
the left whose radius is 495.59 feet, central angle is 45° 57' 02",
and whose chord bears South 66° 18' 41" East, a distance measured
along the arc of said curve, of 397.46 feet to a 5/8 inch iron rod
that marks a point for corner, said point being a re-entrant corner
for the Webster City Limits;
THENCE in a Southerly and Southeasterly direction, along a
West and Southwest line of the Webster City Limits, with a curve to
the left whose radius is 2640.00 feet, central angle is 76° 39' 46",
and whose chord bears South 2° 47' 37" East, a distance, measured
along the arc of said curve, of 3532.37 feet to a 5/8 inch iron rod
at a point for the end of said curve, said point being on a
Northeasterly line of the original Tract "B" of said Baybrook
Municipal Utility District No. 1;
THENCE South 41° 07' 30" East, continuing along a Southwest
line of the Webster City Limits, a distance of 661.60 feet to a
point for corner;
THENCE South 48° 49' 15" West, a distance of 1332.92 feet to
appoint for re-entrant corner;
THENCE South 41° 11' 50" East, a distance of 660.00 feet to a
3/4 inch iron pipe at a point for corner;
THENCE 48° 41' 45" West, a distance of 39.86 feet to a point on
the Northerly right-of-way line of State Highway F.M. 528, 100 feet
wide;
THENCE South 81° 12' 45" West, along the Northerly
right-of-way line of State Highway F.M. 528, a distance of 3499.60
feet to a point for corner on the West line of the August Whitlock
Survey, A-793, same being the East line of the Thomas Choate League,
A-12;
THENCE North 3° 11' 50" West, along the common line between
the August Whitlock Survey, A-793 and the Thomas Choate League,
A-12, a distance of 2661.94 feet to an angle point;
THENCE North 48° 21' 30" West, a distance of 2046.25 feet to a
point for corner on the Southeasterly right-of-way line of Bay Area
Boulevard, 100 feet wide;
THENCE North 41° 37' 10" East, along the Southeasterly
right-of-way line of Bay Area Boulevard, a distance of 6.71 feet to
a point for re-entrant corner;
THENCE North 48° 26' 45" West, a distance of 2685.00 feet to a
1 inch galvanized iron pipe at a point for corner on the Southeast
right-of-way line of Webster Ranch Road;
THENCE North 41° 37' 10" East, along the Southeast
right-of-way line of Webster Ranch Road, a distance of 1290.19 feet
to a 1 inch galvanized iron pipe at a point for corner on the
Southwest right-of-way line of the 60 foot Beamer Road
right-of-way;
THENCE North 45° 18' 00" West along the southwest right-of-way
of Beamer Road, a distance of 1,756.94 feet to a corner;
THENCE North 44° 42' 00" East, to the northeast right-of-way
of Beamer Road to a capped 5/8" iron rod;
THENCE North 44° 42' 00" East, a distance of 1,769.79 feet to a
1 inch galvanized iron pipe at a point for corner;
THENCE North 57° 15' 00" East, a distance of 10.00 feet to a
1 inch galvanized iron pipe at a point for corner;
THENCE South 64° 35' 56" East, a distance of 2729.95 feet to a
1 inch galvanized iron pipe at a point for corner on the West line
of the August Whitlock Survey, A-794, same being the East line of
the Thomas Choate League, A-12, same being on a Westerly City of
Houston City Limit line;
THENCE South 3° 11' 50" East, along the East line of the Thomas
Choate League, A-12 and the West line of the August Whitlock Survey,
A-794, and the August Whitlock Survey, A-793, same being a Westerly
City of Houston City Limit line, a distance of 2214.95 feet to a
point for corner;
THENCE North 3° 11' 50" West along the east line of the Thomas
Choate League, A-12 and the west line of the August Whitlock Survey,
A-797, same being a westerly City of Houston City Limit Line, to a
point for corner on the Southwesterly right-of-way of the Gulf
Freeway, variable width;
THENCE in a Southeasterly direction, following the
Southwesterly right-of-way line of the Gulf Freeway, variable
width, to a 1 inch galvanized iron pipe to a point for corner on the
Southerly right-of-way line of Bay Area Boulevard, Gulf Freeway
interchange, same being a re-entrant corner for the Webster City
Limits;
THENCE South 28° 03' 42" East, a distance of 592.73 feet to a
1-1/2 inch iron pipe at a point for re-entrant corner on the West
line of the August Whitlock Survey, A-793, same being the East line
of the Thomas Choate League, A-12;
THENCE North 3° 11' 50" West, along the common line between
the Thomas Choate League, A-12 and the August Whitlock Survey,
A-793, a distance of 608.39 feet to the POINT OF BEGINNING and
containing 620.922 acres of land, more or less.
SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND:
Being 0.720 acres of land, more or less, out of the August Whitlock
Survey, A-793, Harris County, Texas, and being that certain tract
of land conveyed to Harris County Municipal Utility District
No. 142 for Water Plant Site by deed filed under Harris County
County Clerk File No. E-967682 of the Official Public Records of
Real Property of Harris County, Texas, said 0.720 acre tract being
more particularly described by metes and bounds as follows:
COMMENCING at a point marked by a 5/8 inch iron rod on the
Southerly right-of-way line of Bay Area Boulevard, 100 feet wide,
said point being a Northeast corner of the original Tract "B" of
Baybrook Municipal Utility District No. 1 and a Northwest corner of
the 25.801 acre annexed tract;
THENCE South 12° 08' 50" East, a distance of 884.81 feet to a
point;
THENCE South 77° 51' 10" West, a distance of 40.00 feet to the
POINT OF BEGINNING, said point being the Northeast corner of said
0.720 acre tract;
THENCE South 12° 08' 50" East, along the East line of said
0.720 acre tract, a distance of 110.00 feet to the Southeast corner
of said 0.720 acre tract;
THENCE South 77° 51' 10" West, along the South line of said
0.720 acre tract, a distance of 285.00 feet to the Southwest corner
of said 0.720 acre tract;
THENCE North 12° 08' 50" West, along the West line of said
0.720 acre tract, a distance of 110.00 feet to the Northwest corner
of said 0.720 acre tract;
THENCE North 77° 51' 10" East, along the North line of said
0.720 acre tract, a distance of 285.00 feet to the POINT OF
BEGINNING and containing 0.720 acres of land, more or less.
TRACT "C"
Being 170.979 acres of land, more or less, in the August Whitlock
Survey, A-793, and the August Whitlock Survey, Harris County, Texas
and being more particularly described by metes and bounds as
follows:
BEGINNING at a point marked by a 1 inch galvanized iron pipe
on the Southeast right-of-way line of El Dorado Boulevard, 100 feet
wide, said point being the North end of a transition right-of-way
line between the Southeast right-of-way line of El Dorado Boulevard
and the Northeast right-of-way line of El Dorado Boulevard-Gulf
Freeway (U.S. 75/I.H. 45) interchange;
THENCE in a Northeasterly direction, along the Southeast
right-of-way line of said El Dorado Boulevard with a curve to the
right whose radius is 1550.00 feet, central angle is 16° 41' 14" and
whose chord bears North 56° 33' 47' East, a distance, measured along
the arch of said curve, of 451.43 feet to a point of reverse curve
marked by a 1 inch galvanized iron pipe;
THENCE in a Northeasterly direction, continuing along the
Southeast right-of-way line of El Dorado Boulevard with a curve to
the left whose radius is 1650.00 feet, central angle is 9° 06" 15"
and whose chord bears North 60° 21' 17" East, a distance, measured
along the arc of said curve, of 262.18 feet to a point for corner
marked by a 1 inch galvanized iron pipe on the Southwest
right-of-way line of a Houston Lighting & Power Company, 50 foot
Easement as described in deed recorded in Volume 2506, Page 424 of
the Deed Records of Harris County, Texas, same being the Northeast
right-of-way line of a Houston Lighting Power Company 50 foot
Easement as described in deed recorded in Volume 2942, Page 204 of
the Deed Records of Harris County, Texas;
THENCE South 42° 29' 40" East, along the common line between
the two said Houston Lighting & Power Company 50 foot Easements, a
distance of 5432.32 feet to a point for corner marked by a 5/8 inch
iron rod on the West line of the City of Webster City Limit line,
same being the East line of the August Whitlock Survey, A-793 and
further being the West line of the Robert Wilson League, A-88;
THENCE South 23° 18' 41" West, along the West line of the City
of Webster City Limit line, same being the East line of the August
Whitlock Survey, A-793 and further being the West line of the Robert
Wilson League, A-88, a distance of 920.47 feet to a point for corner
marked by a 5/8 inch iron rod on the North right-of-way line of Bay
Area Boulevard-Gulf Freeway interchange;
THENCE in a Westerly direction, along the North right-of-way
line of Bay Area Boulevard-Gulf Freeway interchange with a curve to
the left whose radius is 497.68 feet, central angle is 36° 59' 57"
and whose chord bears North 87° 34' 52" West, a distance, measured
along the arc of said curve, of 321.38 feet to a point of tangent
marked by a 1 inch galvanized iron pipe;
THENCE South 73° 55' 10" West, continuing along the North
right-of-way line of Bay Area Boulevard-Gulf Freeway interchange, a
distance of 138.15 feet to a point of tangent marked by a 5/8 inch
iron rod;
THENCE in a Westerly direction, continuing along the North
right-of-way line of Bay Area Boulevard-Gulf Freeway interchange
with a curve to the right whose radius is 362.04 feet and central
angle is 64° 18' 00", a distance of 406.30 feet to a point of tangent
marked by a 1 inch galvanized iron pipe on the Northeast
right-of-way line of Gulf Freeway, 300 feet wide;
THENCE North 41° 46' 50" West, along the Northeast
right-of-way line of Gulf Freeway, a distance of 4479.65 feet to a
point of curve marked by a 1 inch galvanized iron pipe, said point
being the Southeast end of El Dorado Boulevard-Gulf Freeway
interchange;
THENCE in a Northeasterly direction, along the East
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange
with a curve to the right whose radius is 362.04 feet and central
angle is 65° 00' 00", a distance of 410.72 feet to a point of tangent
marked by a 5/8 inch iron rod;
THENCE North 23° 13' 10" East, continuing along the East
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange,
a distance of 131.97 feet to a point of curve marked by a 5/8 inch
iron rod;
THENCE in a Northerly direction, continuing along the East
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange
with a curve to the left whose radius is 497.68 feet and central
angle is 65° 00' 00", a distance of 564.60 feet to a point of tangent
marked by a 1 inch galvanized iron pipe;
THENCE North 41° 56' 50" West, along the Northeast
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange,
a distance of 4.97 feet to an angle point marked by a 5/8 inch iron
rod, said point being the South end of a transition right-of-way
line between the Southeast right-of-way line of El Dorado Boulevard
and the Northeast right-of-way line of El Dorado Boulevard-Gulf
Freeway interchange;
THENCE North 18° 40' 20" West, along said transition
right-of-way line, a distance of 15.26 feet to the POINT OF
BEGINNING and containing 170.979 acres of land, more or less.
TRACT "D"
Being 33.377 acres of land, more or less, in the August Whitlock
Survey, A-794 and the August Whitlock Survey, A-797, Harris County,
Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a point marked by a 5/8 inch iron rod on the
Northwest right-of-way line of El Dorado Boulevard, 100 feet wide,
said point being the East end of a transition right-of-way line
between the Northwest right-of-way line of El Dorado Boulevard and
the Northeast right-of-way line of El Dorado Boulevard-Gulf
Freeway (U.S. 75/I.H. 45) interchange;
THENCE North 64° 53' 20" West, along said transition
right-of-way line, a distance of 15.26 feet to an angle point marked
by a 1 inch galvanized iron pipe on the Northeast right-of-way line
of El Dorado Boulevard-Gulf Freeway interchange;
THENCE North 41° 46' 50" West, along the Northeast
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange,
a distance of 4.97 feet to a point of curve marked by a 1 inch
galvanized iron pipe.
THENCE in a Westerly direction, along the North right-of-way
line of El Dorado Boulevard-Gulf Freeway interchange with a curve
to the left whose radius is 497.68 feet and central angle is 65° 00'
00", a distance of 564.60 feet to a point of tangent marked by a 1
inch galvanized iron pipe;
THENCE South 73° 13' 10" West, continuing along the North
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange,
a distance of 131.97 feet to a point of curve marked by a 1 inch
galvanized iron pipe;
THENCE in a Westerly direction, continuing along the North
right-of-way line of El Dorado Boulevard-Gulf Freeway interchange
with a curve to the right whose radius is 362.04 feet and central
angle is 1° 24' 42", a distance of 8.92 feet to a point for corner
marked by a 5/8 inch iron rod on the Northeast line of the City of
Houston City Limit line;
THENCE North 41° 46' 50" West, along the City of Houston City
Limit line, a distance of 208.54 feet to a point for corner marked
by a 5/8 inch iron rod on the West line of the August Whitlock
Survey, A-794, same being the East line of the Thomas Choate League,
A-12;
THENCE North 3° 11' 50" West, along the East line of the City
of Houston City Limit line, same being the West line of the August
Whitlock Survey, A-794, further being the East line of the Thomas
Choate League, A-12, and continuing with the West line of the August
Whitlock Survey, A-797, a distance of 1752.72 feet to a point for
corner marked by a 3/4 inch iron pipe on the Southwest right-of-way
line of a Houston Lighting & Power Company 50 foot Easement as
described in deed recorded in Volume 2506, Page 424 of the Deed
Records of Harris County, Texas, same being the Northeast
right-of-way line of Houston Lighting & Power Company 50 foot
Easement as described in deed recorded in Volume 2942, Page 204 of
the Deed Records of Harris County, Texas;
THENCE South 42° 29' 40" East, along the common line between
the two said Houston Lighting & Power Company 50 foot Easements, a
distance of 2227.72 feet to a point for corner marked by a 5/8 inch
iron rod on the Northwest right-of-way line of El Dorado Boulevard;
THENCE in Southwesterly direction, along the Northwest
right-of-way line of El Dorado Boulevard with a curve to the right
whose radius is 1550.00 feet, central angle is 8° 33' 53" and whose
chord bears South 60° 37' 28" West, a distance, measured along the
arc of said curve of 231.70 feet to a point of reverse curve marked
by a 1 inch galvanized iron pipe;
THENCE in a Southwesterly direction, continuing along the
Northwest right-of-way line of El Dorado Boulevard with a curve to
the left whose radius is 1650.00 feet, central angle is 16° 41' 14"
and whose chord bears South 56° 33' 47" West, a distance, measured
along the arc of said curve, of 480.56 feet to the POINT OF
BEGINNING and containing 33.377 acres of land, more or less.
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 in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose 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 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, and 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 business center; 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, as well as the general public, will be benefited by the
district.
SECTION 7. APPLICATION OF OTHER LAW. (a) Except as
otherwise provided by this Act, Chapter 375, Local Government Code,
applies to the district.
(b) Chapter 311, Government Code, applies to this Act.
SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
construed in conformity with the findings and purposes stated in
this Act.
SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) Except as
provided by Subsection (c), the district is governed by a board of
five voting directors appointed under Section 10 and five nonvoting
directors as provided by Section 11.
(b) Voting directors serve staggered terms of four years,
with three directors' terms expiring June 1 of an odd-numbered year
and two directors' terms expiring June 1 of the following
odd-numbered year.
(c) The board may increase or decrease the number of
directors on the board by resolution provided that it is in the best
interest of the district to do so and that the board consists of not
fewer than five and not more than 15 directors.
SECTION 10. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
voting directors from persons recommended by the board. A person is
appointed if a majority of the directors and the mayor vote to
appoint that person.
SECTION 11. NONVOTING DIRECTORS. (a) The following
persons shall serve as nonvoting directors:
(1) the directors of the following departments of the
City of Houston or their designees:
(A) parks and recreation;
(B) planning and development;
(C) public works; and
(D) civic center; and
(2) the City of Houston's chief of police.
(b) If an agency, department, or division described by
Subsection (a) is consolidated, renamed, or changed, the board may
appoint a director of the consolidated, renamed, or changed agency,
department, or division as a nonvoting director. If an agency,
department, or division described by Subsection (a) is abolished,
the board may appoint a representative of another agency,
department, or division that performs duties comparable to those
performed by the abolished entity.
(c) Nonvoting directors are not counted for the purposes of
establishing a quorum of the board.
SECTION 12. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code.
SECTION 13. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, and maintain projects described by that section;
and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
SECTION 14. AGREEMENTS; GRANTS. (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.
SECTION 15. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Harris County or
the City of Houston to provide law enforcement services in the
district for a fee.
SECTION 16. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Act.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as the board of directors of a local government corporation
created under Chapter 431, Transportation Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
Act.
SECTION 17. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. The board may not finance a service or improvement
project with assessments under this Act unless a written petition
requesting that 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 subject to assessment as determined
by the most recent certified tax appraisal roll for Harris County;
or
(2) at least 25 persons who own real property in the
district, if more than 25 persons own real property in the district
as determined by the most recent certified tax appraisal roll for
Harris County.
SECTION 18. ELECTIONS. (a) The district shall hold an
election in the manner provided by Subchapter L, Chapter 375, Local
Government 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.
(c) Section 375.243, Local Government Code, does not apply
to the district.
SECTION 19. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 18, the district may
impose an annual ad valorem tax on taxable property in the district
for 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 20. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by this
Act.
(b) 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.
(c) The lien is effective from the date of the resolution of
the board imposing the assessment until the date 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.
(d) Without necessity of notice and hearing in the manner
required for additional assessments, the board may make corrections
to or deletions from the assessment roll provided that such
corrections or deletions do not increase the amount of assessment
of any parcel of land.
SECTION 21. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights of way,
facilities, or improvements of an electric utility or a power
generation company as defined by Section 31.002, Utilities Code, a
gas utility as defined by Section 101.003 or 121.001, Utilities
Code, a telecommunications provider as defined by Section 51.002,
Utilities Code, or of a person that provides to the public cable
television or advanced telecommunications services. If the
district, in the exercise of the powers conferred on it by this Act,
requires or requests the relocation, rerouting, or removal of
electric, gas, water, sewer, communications, or other public
utilities, as defined by Sections 31.002, 101.003, 121.001, or
51.002, Utilities Code, the relocation, rerouting, or removal shall
be at the sole expense of the district.
SECTION 22. BONDS. (a) The district may issue bonds or
other obligations payable in whole or in part from ad valorem taxes,
assessments, impact fees, revenue, 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) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
SECTION 23. MUNICIPAL APPROVAL. (a) Except as provided by
Subsection (b), the district must obtain approval from the
governing body of the City of Houston for:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement
project financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to:
(A) the use of land owned by the City of Houston;
(B) an easement granted by the City of Houston;
or
(C) a right-of-way of a street, road, or highway.
(b) If the district obtains approval from the governing body
of the City of Houston for a capital improvements budget for a
period not to exceed five years, the district may finance the
capital improvements and issue bonds specified in the budget
without further approval from the City of Houston.
SECTION 24. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
SECTION 25. DISBURSEMENTS OR TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
SECTION 26. COMPETITIVE BIDDING LIMIT. Section 375.221,
Local Government Code, applies to the district only for a contract
that has a value greater than $25,000.
SECTION 27. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply
to the district.
SECTION 28. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Pos. No. Name of Director
1 Stephen Pohl
2 C. Glen Crocker
3 Gene Satern
4 Willard Tredway
5 Connie Simmons
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2005, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2007.
(c) Section 10 does not apply to this section.
(d) This section expires September 1, 2007.
SECTION 29. TAX AND ASSESSMENT ABATEMENTS. Without further
authorization or other procedural requirement, the district may
grant, consistent with Chapter 312, Tax Code, an abatement for a tax
or assessment owed to the district.
SECTION 30. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that enjoys
tax-exempt status under Sections 501(c)(3), (4), or (6), Internal
Revenue Code of 1986, as amended, and that performs services or
provides activities consistent with the furtherance of the purposes
of the district. An expenditure of public money for membership in
the organization is considered to further the purposes of the
district and to be for a public purpose.
SECTION 31. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible,
notwithstanding other statutory criteria, to be included in a tax
increment reinvestment zone created by the City of Houston under
Chapter 311, Tax Code, or included in a tax abatement reinvestment
zone created by the City of Houston under Chapter 312, Tax Code.
All or any part of the area of the district is also eligible to be
included in an enterprise zone created by the City of Houston under
Chapter 2303, Government Code.
SECTION 32. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs, including programs for making loans and grants of public
money and providing personnel and services of the district, to
promote state or local economic development and to stimulate
business and commercial activity in the district. The district has
all of the powers and authority of a municipality under Chapter 380,
Local Government Code.
SECTION 33. LEGISLATIVE FINDINGS. 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 34. EFFECTIVE DATE. 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.