By: Armbrister S.B. No. 1918
(In the Senate - Filed April 24, 2003; April 24, 2003, read
first time and referred to Committee on Intergovernmental
Relations; May 6, 2003, reported favorably by the following vote:
Yeas 5, Nays 0; May 6, 2003, sent to printer.)
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 1-g, Article VIII, and Section 59, Article
XVI, 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, the 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 1-g,
Article VIII, and Section 59, Article XVI, Texas Constitution, and
other public purposes stated in this Act.
SECTION 3. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
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 PARTICULARY DESCIBED 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 47° 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. A mistake in the
field notes or in copying the field notes in the legislative process
does not in any way 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.
(b) All land and other property included in the district
will benefit from 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.
(c) 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;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district and of the public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community; and
(3) 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.
(e) 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.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
SECTION 7. FINDINGS RELATED TO REDEVELOPMENT. The
legislature finds that development or redevelopment in the area in
the district would not occur solely through private investment in
the reasonably foreseeable future and that the area in the
district:
(1) is unproductive, underdeveloped, or blighted;
(2) substantially arrests and impairs the sound growth
of the City of Katy because of:
(A) obsolete platting;
(B) deterioration of structures or site
improvements; or
(C) other factors;
(3) retards the provision of housing accommodations;
(4) is an economic and social liability;
(5) is a menace to the public health, safety, morals,
and welfare in its present condition and use; and
(6) is predominantly open.
SECTION 8. ELIGIBILITY FOR REINVESTMENT ZONES. All or any
part of the area of the district is eligible, regardless of other
statutory criteria, to be included in a tax increment reinvestment
zone created by the City of Katy under Chapter 311, Tax Code.
SECTION 9. APPLICATION OF OTHER LAW. Chapter 311,
Government Code (Code Construction Act), applies to this Act.
SECTION 10. CONSTRUCTION OF ACT. (a) This Act shall be
liberally construed in conformity with the findings and purposes
set forth in this Act.
(b) If any provision of the general law conflicts with this
Act, this Act prevails.
SECTION 11. BOARD OF DIRECTORS; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years.
SECTION 12. APPOINTMENT. (a) The governing body of the
City of Katy shall appoint directors to the board.
(b) Sections 375.063, Local Government Code, and 49.052,
Water Code, do not apply to directors of the district.
SECTION 13. VACANCIES. A vacancy on the board shall be
filled by the remaining directors.
SECTION 14. POWERS OF DISTRICT. The district has all powers
and authority provided by the general laws on road districts and
road utility districts created under Section 52, Article III, Texas
Constitution, and 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 49 and 54, Water Code.
SECTION 15. 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 16. LAW ENFORCEMENT SERVICES. 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 17. AUTHORITY TO IMPOSE AD VALOREM TAXES,
ASSESSMENTS, AND IMPACT FEES. The district may impose an ad valorem
tax, assessment, or impact fee and use the proceeds of the tax,
assessment, or impact fee for any district purpose, including the
payment of debt or other contractual obligations, or the payment of
maintenance and operating expenses.
SECTION 18. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district must hold an election in the manner provided by Chapters 49
and 54, Water Code, to obtain voter approval before the district may
impose a maintenance tax or issue bonds payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
SECTION 19. MAINTENANCE TAX. (a) The district may impose
an annual ad valorem tax on taxable property in the district for any
district purpose, including to:
(1) maintain and operate the district, including
improvements constructed or acquired by the district; or
(2) provide a service.
(b) The board shall determine the tax rate.
SECTION 20. ASSESSMENTS; PETITION REQUIRED FOR FINANCING
SERVICES AND IMPROVEMENTS. (a) The board by resolution 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 an assessment under this Act unless a written
petition requesting that service or improvement 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
according to the most recent certified tax appraisal roll for the
county in which the property is located; or
(2) at least 25 owners of real property in the district
that will be subject to the assessment, if more than 25 persons own
real property in the district that will be subject to the assessment
according to the most recent certified tax appraisal roll for the
county in which the property is located.
(c) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense 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 proceeding.
(d) The lien is effective from the date of the board's
resolution 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.
SECTION 21. TAX INCREMENT FINANCING POWERS. (a) Without
further authorization or procedural requirement and regardless of
other statutory criteria, the district is a tax increment
reinvestment zone under Chapter 311, Tax Code.
(b) The district has all powers provided under Chapter 311,
Tax Code.
(c) The district may enter into an interlocal agreement with
any overlapping taxing unit for the payment of all or a portion of
the tax increment of the unit to the district. The overlapping
taxing unit may enter into the agreement.
(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 22. OBLIGATIONS. (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. 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 June 1, 2006, and the
terms of the last two directors named in Subsection (a) expire on
June 1, 2004.
(c) This section expires September 1, 2006.
SECTION 24. ADDITIONAL 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 25. 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.
* * * * *