CHAPTER 3817. ALDINE IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 4. DEVELOPMENT AND IMPROVEMENT
SUBTITLE C. DEVELOPMENT, IMPROVEMENT, AND MANAGEMENT
CHAPTER 3817. ALDINE IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3817.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Aldine Improvement District.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
1174, Sec. 2, eff. June 18, 2005.
Sec. 3817.002. ALDINE IMPROVEMENT DISTRICT. The Aldine
Improvement District is a special district created under Section
59, Article XVI, Texas Constitution.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
1174, Sec. 3, eff. June 18, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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 the
commissioners court of Harris County shall appoint the directors
of the board. The commissioners court shall appoint:
(1) two directors to be chosen by the commissioners court with
terms beginning on June 1, 2005, or the effective date of this
Act; and
(2) the remaining directors from a list of persons nominated by
the board, subject to review, and the commissioners court shall
approve or disapprove the directors recommended by the board.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
1174, Sec. 4, eff. June 18, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3817.101. EXERCISE OF POWERS OF DEVELOPMENT CORPORATION.
The district may exercise the powers of a corporation created
under Chapter 505, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.46, eff. April 1, 2009.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 3817.105. APPROVAL BY CITY OF HOUSTON. (a) Except as
provided by Subsection (b), by either official action of the
governing body of the city with respect to Subdivision (1) or
through the issuance of a permit with respect to Subdivisions (2)
and (3), the district must obtain the approval of the City of
Houston:
(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, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
1174, Sec. 7, eff. June 18, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 3817.107. NO EMINENT DOMAIN POWER. The district may not
exercise the power of eminent domain.
Added by Acts 2005, 79th Leg., Ch.
684, Sec. 15, eff. June 17, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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.
(d) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it
is inconsistent with this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 18.005(a), eff. September 1, 2005.
Sec. 3817.1545. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this
chapter unless a written petition requesting that service or
improvement has been filed with the board.
(b) The petition must be signed by:
(1) the owners of 50 percent or more of the assessed value of
real property in the district subject to assessment according to
the most recent certified tax appraisal roll for Harris County;
or
(2) the owners of 50 percent or more of the surface area of real
property in the district subject to assessment.
(c) Section 375.114, Local Government Code, does not apply to
the district.
Added by Acts 2005, 79th Leg., Ch.
1174, Sec. 5, eff. June 18, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 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, Sec. 1, eff. April 1, 2005.
Sec. 3817.159. POWERS OF MUNICIPAL UTILITY DISTRICT; DEFINED
AREA; TAXES; BONDS. The district may not exercise the powers of
eminent domain but shall have all the powers of a municipal
utility district under Subchapter J, Chapter 54, Water Code,
including:
(1) the implementation of a plan adopted under that subchapter;
(2) the issuance of bonds; and
(3) the imposition of a tax in the defined area established
under that subchapter.
Added by Acts 2005, 79th Leg., Ch.
1174, Sec. 6, eff. June 18, 2005.
Sec. 3817.160. TAX INCREMENT ZONE POWERS. Upon the consent of
the governing body of the City of Houston, the district may be
included and participate in a reinvestment zone under Chapter
311, Tax Code.
Added by Acts 2005, 79th Leg., Ch.
1174, Sec. 6, eff. June 18, 2005.
SUBCHAPTER E. DISSOLUTION
Sec. 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, Sec. 1, eff. April 1, 2005.