Law:Title 4. Development And Improvement. Subtitle C. Development, Improvement, And Management from Chapter 3832. Waller County Road Improvement District No. 1 (Texas)

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Subtitle C. Development, Improvement, And Management

Contents

Chapter 3832. Waller County Road Improvement District No. 1

Subchapter A. General Provisions

Section 3832.001.  Definitions.

In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "District" means Waller County Road Improvement District No. 1.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.002.  Waller County Road Improvement District No. 1.

Waller County Road Improvement District No. 1 is a special district created under Section 52, Article III, and Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.003.  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 area of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.004.  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 development and diversification of the economy of the state;

(2)  eliminate unemployment and underemployment; and

(3)  develop or expand transportation and commerce.

(d)  The present and prospective traffic congestion in the district and the safety of pedestrians and the limited availability of funds require the promotion and development of public transportation and pedestrian facilities and systems, and the district will serve the public purpose of securing expanded and improved transportation and pedestrian facilities and systems.

(e)  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.

(f)  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.

(g)  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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.005.  District Territory.

(a) The district is composed of the territory described by Section 4, Chapter 1157, Acts of the 78th Legislature, Regular Session, 2003, as that territory may have been modified under:

(1)  Subchapter J, Chapter 49, Water Code; or

(2)  other law.

(b)  The boundaries and field notes of the district contained in Section 4, Chapter 1157, Acts of the 78th Legislature, Regular Session, 2003, form a closure.  A mistake made 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 a bond;

(3)  right to impose or collect an assessment or tax; or

(4)  legality or operation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.006.  Liberal Construction Of Chapter.

This chapter shall be construed liberally in conformity with the findings and purposes set forth in this chapter.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.007.  Effect On Brookshire-katy Drainage District.

The powers granted by this chapter do not affect the powers of the Brookshire-Katy Drainage District of Waller County.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Subchapter B. Board Of Directors

Section 3832.051.  Composition; Terms.

The district is governed by a board of five elected directors.  Directors serve staggered terms of four years.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.052.  Qualifications.

(a) A person must meet the qualifications of Section 375.063, Local Government Code, to serve as a district director.

(b)  Section 49.052, Water Code, does not apply to district directors.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.053.  Election Date.

Elections for directors shall be held on the uniform election date in May in even-numbered years.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Subchapter C. Powers And Duties

Section 3832.101.  Powers Of District.

The district has all powers 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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.102.  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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.103.  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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.104.  Utilities.

(a) The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:

(1)  an electric utility or a power generation company as defined by Section 31.002, Utilities Code;

(2)  a gas utility as defined by Section 101.003 or 121.001, Utilities Code;

(3)  a telecommunications provider as defined by Section 51.002, Utilities Code; or

(4)  a cable operator as defined by 47 U.S.C. Section 522, as amended.

(b)  The district shall bear the sole expense of the relocation, rerouting, or removal of electric, gas, water, sewer, communications, or other public utilities as required or requested by the district in the exercise of its powers under this chapter.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Subchapter D. Financial Provisions

Section 3832.151.  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:

(1)  any district purpose, including the payment of debt or other contractual obligations; or

(2)  the payment of maintenance and operating expenses.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.152.  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 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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.153.  Maintenance And Operation 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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.154.  Assessments; Liens For Assessments.

(a) The board by resolution may impose 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 proceeding.

(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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.155.  Petition Required For Financing Services And Improvements.

(a) The board may not finance a service or improvement project through an assessment 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 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 land in the district that will be subject to the assessment, if more than 25 persons own land 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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.



Section 3832.156.  Bonds And Other Obligations.

(a) The district may issue bonds or other obligations payable wholly or partly 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 power to borrow, 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.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.03, eff. April 1, 2007.


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