SPECIAL DISTRICTS CODE
CHAPTER 3817. ALDINE COMMUNITY IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 3817.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Aldine Community Improvement
District.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.002. ALDINE COMMUNITY IMPROVEMENT DISTRICT. The
Aldine Community Improvement District is a special district created
under Section 59, Article XVI, Texas Constitution.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.003. PURPOSE; 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
chapter.
(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 Aldine Community area of Harris County.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County from providing the level of
services provided as of June 17, 2001, to the area in the district
or to release the county from the obligations of the county to
provide services to that area. The district is created to
supplement and not to supplant the county services provided in the
area in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.004. 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 chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying 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, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the Aldine Community
area to preserve, maintain, and enhance the economic health and
vitality of the area as a community and business center; 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 1433,
Acts of the 77th Legislature, Regular Session, 2001, enacting
former Section 376.454, Local Government Code, as that territory
may have been modified under:
(1) Section 3817.106 or its predecessor statute,
former Section 376.476, Local Government Code, as added by Section
1, Chapter 1433, Acts of the 77th Legislature, Regular Session,
2001;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district contained
in Section 1, Chapter 1433, Acts of the 77th Legislature, Regular
Session, 2001, enacting former Section 376.454, Local Government
Code, 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 a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax;
or
(4) legality or operation.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.006. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapter 375, Local Government
Code, applies to the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
§ 3817.051. BOARD OF DIRECTORS; TERMS. (a) The
district is governed by a board of nine directors who serve
staggered terms of four years with four or five directors' terms
expiring June 1 of each odd-numbered year.
(b) One director must be a resident of the district.
(c) The board by resolution may change the number of
directors on the board, but only if the board determines that the
change is in the best interest of the district, subject to Section
375.061, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.052. APPOINTMENT AND REMOVAL OF
DIRECTORS. Sections 375.064 and 375.065, Local Government Code,
govern the appointment and removal of directors, except that for
purposes of this chapter references in those sections to the
governing body of the municipality mean the commissioners court of
Harris County.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.053. QUORUM. (a) Section 375.071, Local
Government Code, does not apply to the district.
(b) One-half of the board constitutes a quorum.
(c) Except as provided by Section 3817.152, a concurrence of
a majority of a quorum is required for any official district action.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 3817.101. EXERCISE OF POWERS OF DEVELOPMENT
CORPORATION. The district may exercise the powers of a corporation
created under Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon's Texas Civil Statutes).
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as, for the same term as,
and on the same conditions as the board of directors of a local
government corporation created under Chapter 431, Transportation
Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.103. CONTRACT WITH POLITICAL
SUBDIVISION. Harris County, the City of Houston, or another
political subdivision of this state, without further
authorization, may contract with the district to implement a
project of the district or assist the district in providing a
service authorized under this chapter. A contract under this
section may:
(1) be for a period on which the parties agree;
(2) include terms on which the parties agree;
(3) be payable from taxes or any other source of
revenue that may be available for that project or service; and
(4) provide terms under which taxes or other revenue
collected at a district project or from a person using or purchasing
a commodity or service at a district project may be paid or rebated
to the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.104. AUTHORITY TO CONTRACT FOR LAW
ENFORCEMENT. To protect the public interest, the district may
contract with Harris County or the City of Houston for the county or
the city to provide law enforcement services in the district for a
fee.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.105. APPROVAL BY CITY OF HOUSTON. (a) Except as
provided by Subsection (b), the district must obtain the approval
of the City of Houston's governing body:
(1) for the issuance of a bond for each improvement
project;
(2) of the plans and specifications of the improvement
project financed by the bond; and
(3) of the plans and specifications of any district
improvement project related to the use of land owned by Harris
County, an easement granted by Harris County, or a right-of-way of a
street, road, or highway.
(b) If the district obtains the approval of the City of
Houston's governing body of 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.106. ANNEXATION OF CERTAIN TERRITORY BY GOVERNING
BODY OF MUNICIPALITY. (a) If territory in the City of Houston's
limit or extraterritorial jurisdiction is included in the district,
the city's governing body may remove that territory from the
district if the district does not have any bonded indebtedness.
(b) To remove the territory, the governing body of the City
of Houston must notify the board secretary in writing that the
territory is excluded from the district's territory.
(c) If a municipality annexes territory that is in its
extraterritorial jurisdiction and included in the district, the
governing body of the municipality shall notify the board secretary
in writing that the annexed territory is excluded from the
district's territory.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
§ 3817.151. DISBURSEMENTS AND 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.152. BOARD VOTE REQUIRED TO AUTHORIZE TAXES,
ASSESSMENTS, IMPACT FEES, OR BONDS. (a) A majority vote of the
directors serving is required to authorize the imposition of a tax,
assessment, or impact fee.
(b) The written consent of at least two-thirds of the full
membership of the board is required to authorize the issuance of a
bond.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.153. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3817.157, the district may
impose an annual ad valorem tax on taxable property in the district
to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.154. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any purpose for which ad
valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of
the tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.155. ASSESSMENTS; LIENS FOR
ASSESSMENTS. (a) The board by resolution may impose and collect
an assessment for any purpose authorized by this chapter.
(b) 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 a 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 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.156. PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. (a) In this section:
(1) "Electric utility" and "power generation company"
have the meanings assigned by Section 31.002, Utilities Code.
(2) "Gas utility" has the meaning assigned by Sections
101.003 and 121.001, Utilities Code.
(3) "Telecommunications provider" has the meaning
assigned by Section 51.002, Utilities Code.
(b) The district may not impose an impact fee or assessment
under Chapter 375, Local Government Code, on a residential
property, including a multiunit residential property, or a
condominium.
(c) The district may not impose an impact fee or assessment
on the property of an electric utility, gas utility, power
generation company, or telecommunications provider.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.157. ELECTIONS REGARDING TAXES OR
BONDS. (a) In addition to the elections required under
Subchapter L, Chapter 375, Local Government Code, the district must
hold an election in the manner provided by that subchapter to obtain
voter approval before the district may:
(1) impose a maintenance tax; or
(2) issue a bond payable from ad valorem taxes or
assessments.
(b) The board may include more than one purpose in a single
proposition at an election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3817.158. 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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER E. DISSOLUTION
§ 3817.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
