SPECIAL DISTRICTS CODE
CHAPTER 3805. UPPER KIRBY MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 3805.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Upper Kirby Management
District.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.002. UPPER KIRBY MANAGEMENT DISTRICT. A special
district known as the "Upper Kirby Management District" is a
governmental agency and political subdivision of this state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.003. 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. By creating the district and in authorizing Harris
County, the City of Houston, 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.
(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 traversed by Kirby Drive in the city of Houston.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris County or the City of Houston from
providing the level of services provided as of September 1, 1997, to
the area in the district or to release the county or the city from
the obligations of each entity to provide services to that area.
The district is created to supplement and not to supplant the county
or city services provided in the area in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.004. 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) Each improvement project or service authorized by this
chapter is essential to carry out a public purpose.
(d) 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.
(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 for the Kirby Drive
vicinity of the city of Houston to preserve, maintain, and enhance
the economic health and vitality of the area as a community and
business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing public art and pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic and aesthetic beauty;
(4) promote and benefit commercial development and
commercial areas in the Kirby Drive vicinity of the city of Houston;
and
(5) promote and develop public transportation and
pedestrian facilities and systems using new and alternative means
that are attractive, safe, and convenient, including securing
expanded and improved transportation and pedestrian facilities and
systems, to:
(A) address the problem of traffic congestion in
the district, the need to control traffic and improve pedestrian
safety, and the limited availability of money; and
(B) benefit the land and other property in the
district and the residents, employers, employees, visitors, and
consumers in the district and the public.
(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.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 1202,
Acts of the 77th Legislature, Regular Session, 2001, amending
former Section 376.154, Local Government Code, as that territory
may have been modified under:
(1) Section 3805.105 or its predecessor statutes,
former Section 376.124(b), Local Government Code, as added by
Chapter 275, Acts of the 75th Legislature, Regular Session, 1997,
and former Section 376.154(b), Local Government Code;
(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 1202, Acts of the 77th Legislature, Regular
Session, 2001, amending former Section 376.154, 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:
(1) the district's organization, existence, and
validity;
(2) the district's right to issue any type of bond,
including a refunding bond, for a purpose for which the district is
created or to pay the principal of and interest on the bond;
(3) the district's right to impose and collect an
assessment or tax; or
(4) the legality or operation of the district or the
board.
(c) A description of the district's boundaries shall be
filed with the Texas Commission on Environmental Quality. The
commission by order may correct a mistake in the description of the
district's boundaries.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.006. TORT LIABILITY. The district is a
governmental unit under Chapter 101, Civil Practice and Remedies
Code, and the operations of the district are essential government
functions and are not proprietary functions for any purpose,
including the application of Chapter 101, Civil Practice and
Remedies Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.007. ELIGIBILITY FOR REINVESTMENT ZONES. All or
any part of the area of the district is eligible to be included in a
tax increment reinvestment zone created by the City of Houston
under Chapter 311, Tax Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.008. RELATION TO OTHER LAW. This chapter
prevails over any provision of general law, including a law to which
this chapter refers, that is in conflict with or is inconsistent
with this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.009. 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
§ 3805.051. BOARD OF DIRECTORS; TERMS. (a) The
district is governed by a board of five directors who serve
staggered terms of four years.
(b) The board by resolution may increase or decrease the
number of directors on the board, but only if a majority of the
board finds that it is in the best interest of the district to do so.
The board may not:
(1) increase the number of directors to more than
nine; or
(2) decrease the number of directors to fewer than
five.
(c) Sections 49.053, 49.054, 49.056, 49.057, 49.058, and
49.060, Water Code, apply to the board.
(d) Subchapter D, Chapter 375, Local Government Code,
applies to the board to the extent that subchapter does not conflict
with this chapter.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.052. APPOINTMENT OF DIRECTORS ON INCREASE IN
BOARD SIZE. If the board increases the number of directors under
Section 3805.051, the board shall appoint qualified persons to fill
the new director positions and shall provide for staggering the
terms of the directors serving in the new positions. On expiration
of the term of a director appointed under this section, a succeeding
director shall be appointed and qualified as provided by Subchapter
D, Chapter 375, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 3805.101. DISTRICT POWERS. The district has:
(1) all powers necessary to accomplish the purposes
for which the district was created;
(2) the rights, powers, privileges, authority, and
functions of a district created under Chapter 375, Local Government
Code;
(3) the powers, duties, and contracting authority
specified by Subchapters H and I, Chapter 49, Water Code;
(4) the powers given to 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 the projects
described by that section; and
(5) the powers of a housing finance corporation
created under Chapter 394, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.102. 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.
§ 3805.103. ELECTIONS. (a) District elections must be
held in the manner provided by Subchapter L, Chapter 375, Local
Government Code.
(b) The board may submit multiple purposes in a single
proposition at an election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.104. CONTRACT FOR LAW ENFORCEMENT AND SECURITY
SERVICES. The district may contract with:
(1) Harris County or the City of Houston for the county
or city to provide law enforcement and security services for a fee;
and
(2) a private entity for the private entity to provide
supplemental security services.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.105. ANNEXATION OR EXCLUSION OF TERRITORY. The
district may annex or exclude land from the district in the manner
provided by Subchapter C, Chapter 375, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
§ 3805.151. AUTHORITY TO IMPOSE ASSESSMENTS, AD VALOREM
TAXES, AND IMPACT FEES. The district may impose, assess, charge,
or collect an assessment, an ad valorem tax, an impact fee, or
another fee in accordance with Chapter 49, Water Code, for a purpose
specified by Chapter 375, Local Government Code, or as needed to
exercise a power or function or to accomplish a purpose or duty for
which the district was created.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.152. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 3805.103, the district may
impose an annual ad valorem tax on taxable property in the district
to maintain, restore, replace, or operate the district and
improvements that the district constructs or acquires or the
district's facilities, works, or services.
(b) The board shall determine the tax rate.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.153. ASSESSMENTS CONSIDERED TAXES. For purposes
of a title insurance policy issued under Chapter 9, Insurance Code,
an assessment is a tax.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.154. LIENS FOR ASSESSMENTS; SUITS TO RECOVER
ASSESSMENTS. (a) An assessment imposed on property under this
chapter is a personal obligation of the person who owns the property
on January 1 of the year for which the assessment is imposed. If the
person transfers title to the property, the person is not relieved
of the obligation.
(b) On January 1 of the year for which an assessment is
imposed on a property, a lien attaches to the property to secure the
payment of the assessment and any interest accrued on the
assessment. The lien has the same priority as a lien for district
taxes.
(c) Not later than the fourth anniversary of the date on
which a delinquent assessment became due, the district may file
suit to foreclose the lien or to enforce the obligation for the
assessment, or both, and for any interest accrued.
(d) In addition to recovering the amount of the assessment
and any accrued interest, the district may recover reasonable
costs, including attorney's fees, that the district incurs in
foreclosing the lien or enforcing the obligation. The costs may not
exceed an amount equal to 20 percent of the assessment and interest.
(e) If the district does not file a suit in connection with a
delinquent assessment on or before the last date on which the
district may file suit under Subsection (c), the assessment and any
interest accrued is considered paid.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.155. PROPERTY OF ELECTRIC UTILITY EXEMPT FROM
ASSESSMENT AND IMPACT FEES. The district may not impose an impact
fee or assessment on the property, equipment, or facilities of an
electric utility as defined by Section 31.002, Utilities Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 3805.156. DEBT. The district may issue bonds, notes,
or other debt obligations in accordance with Subchapters I and J,
Chapter 375, Local Government Code, for a purpose specified by that
chapter or as required to exercise a power or function or to
accomplish a purpose or duty for which the district was created.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER E. DISSOLUTION
§ 3805.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The district may be dissolved as provided by Subchapter
M, Chapter 375, Local Government Code.
(b) Regardless of Section 375.264, Local Government Code,
if the district has debt, the district may be dissolved as provided
by Subchapter M, Chapter 375, Local Government Code. If the
district has debt when it is dissolved, the district shall remain in
existence solely for the purpose of discharging its bonds or other
obligations according to their terms.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
