Bill Text: TX HB3860 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the creation of the Port Isabel Improvement District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-20 - Recommendations filed with the Speaker [HB3860 Detail]

Download: Texas-2011-HB3860-Introduced.html

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82R24648 JXC-F
By: Oliveira H.B. No. 3860

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Port Isabel Improvement District
No. 1; providing authority to impose a tax and issue bonds; granting
a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3906 to read as follows:
CHAPTER 3906. PORT ISABEL IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3906.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Port Isabel.
(3) "Director" means a board member.
(4) "District" means the Port Isabel Improvement
District No. 1.
Sec. 3906.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3906.003. PURPOSE; LEGISLATIVE FINDINGS. (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 the city 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 district.
(c) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3906.004. 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 further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) providing quality residential housing; and
(4) developing or expanding 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 district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential 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, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes 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.
Sec. 3906.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under
Section 3906.113 or other law.
(b) A mistake in the field notes of the district contained
in Section 2 of the Act enacting this chapter or in copying the
field notes in the legislative process does not in any way affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to contract, including the
right to issue any type of bond or other obligation for a purpose
for which the district is created;
(3) the district's right to impose or collect an
assessment, tax, or any other revenue; or
(4) the legality or operation of the board.
Sec. 3906.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by the
city under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by the
city under Chapter 312, Tax Code;
(3) an enterprise zone created by the city under
Chapter 2303, Government Code; or
(4) an industrial district created by the city under
Chapter 42, Local Government Code.
[Sections 3906.007-3906.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3906.051. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year.
Sec. 3906.052. APPOINTMENT OF DIRECTORS. The governing body
of the city shall appoint directors. Four directors must be
appointed from persons recommended by the board as provided by
Section 375.064, Local Government Code.
Sec. 3906.053. QUALIFICATIONS. (a) The four directors
recommended by the board must meet the qualifications described by
Section 54.102, Water Code, and by Section 375.064, Local
Government Code.
(b) Section 49.052, Water Code, does not apply to the
district.
Sec. 3906.054. AFFIDAVIT AND ABSTENTION FROM VOTING
REQUIRED. A director shall comply with Section 171.004, Local
Government Code, including the disclosure and abstention
requirements of that section.
Sec. 3906.055. REMOVAL OF DIRECTORS. Section 375.065,
Local Government Code, governs the removal of directors.
Sec. 3906.056. DIRECTOR'S OATH OR AFFIRMATION. A director
shall file the director's oath or affirmation of office with the
district, and the district shall retain the oath or affirmation in
the district records.
Sec. 3906.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices of
chair and secretary may not be held by the same person.
Sec. 3906.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $50 for each
board meeting. The total amount of compensation a director may
receive each year may not exceed $2,000.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of a director.
Sec. 3906.059. LIABILITY INSURANCE FOR DIRECTORS. The
district may obtain and pay for comprehensive general liability
insurance coverage from a commercial insurance company or other
source that protects and insures a director against personal
liability and from all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3906.060. INITIAL DIRECTORS. (a) Not later than the
60th day after the effective date of the Act enacting this chapter,
the governing body of the city shall appoint an initial board of
five directors.
(b) At least three of the initial directors must:
(1) reside in the district;
(2) own land in the district; or
(3) be an agent of a person who owns land in the
district.
(c) The terms of two initial directors expire June 1, 2013,
and the terms of three initial directors expire June 1, 2015.
(d) This section expires September 1, 2015.
[Sections 3906.061-3906.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3906.101. IMPROVEMENT PROJECTS. The district may
provide, or it may enter into contracts with a governmental or
private entity to provide, the improvement projects described by
Subchapter C-1 or activities in support of or incidental to those
projects.
Sec. 3906.102. WATER DISTRICT POWERS. The district has the
powers provided by the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49, 51, and 54, Water Code.
Sec. 3906.103. ROAD DISTRICT POWERS; EXCEPTION. (a)
Except as provided by Subsection (b), the district has the powers
provided by the general laws relating to road districts and road
utility districts created under Section 52(b), Article III, Texas
Constitution, including Chapter 441, Transportation Code.
(b) The district may exercise any power granted by this
chapter and by Chapter 441, Transportation Code, without regard to
any provision or requirement of, or procedure prescribed by,
Chapter 441, Transportation Code.
Sec. 3906.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The
district has the powers provided by Subchapter A, Chapter 372,
Local Government Code, to a municipality or county.
Sec. 3906.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The
district has the powers provided by Chapter 375, Local Government
Code.
Sec. 3906.106. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3906.107. 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 to be a local
government corporation created under Subchapter D, 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 the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3906.108. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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.
Sec. 3906.109. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3906.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3906.111. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3906.112. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3906.113. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
Sec. 3906.114. LIMITED EMINENT DOMAIN POWER TO ACQUIRE
SEAWALL. (a) The district may acquire by condemnation any land,
easements, or other property inside the district boundaries only as
necessary for the construction of a seawall. The district may elect
to condemn either the fee simple title or a lesser property
interest.
(b) The district may not acquire by condemnation:
(1) any land, easements, or other property inside the
district boundaries for a purpose other than constructing a
seawall;
(2) any land, easements, or other property outside the
district; or
(3) water or water rights.
(c) The district shall exercise the right of eminent domain
in the manner provided by Chapter 21, Property Code. The district
is not required to:
(1) give bond for appeal or bond for costs in a
condemnation suit or other suit to which it is a party; or
(2) deposit more than the amount of an award in a suit.
(d) Section 375.094, Local Government Code, does not apply
to the district.
[Sections 3906.115-3906.150 reserved for expansion]
SUBCHAPTER C-1. IMPROVEMENT PROJECTS
Sec. 3906.151. BOARD DETERMINATION REQUIRED. The district
may not undertake an improvement project unless the board
determines the project to be necessary to accomplish a public
purpose of the district.
Sec. 3906.152. LOCATION OF IMPROVEMENT PROJECT. An
improvement project may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if
the project is for the purpose of extending a public infrastructure
improvement beyond the district's boundaries to a logical terminus.
Sec. 3906.153. MUNICIPAL REQUIREMENTS. An improvement
project in a municipality must comply with any applicable municipal
requirements, including codes and ordinances.
Sec. 3906.154. LAKE OR OTHER BODY OF WATER. For the
purposes of this subchapter, planning, design, construction,
improvement, or maintenance of a lake or other body of water
includes dredging, cleaning, widening, deepening, or other
drainage, reclamation, or recreation work done to make the lake or
other body of water navigable, clean, or safe for recreational use.
Sec. 3906.155. WATER. (a) An improvement project may
include a supply and distribution facility or system to provide
potable and nonpotable water to the residents and businesses of the
district, including a wastewater collection facility.
(b) The district may plan, design, construct, improve,
maintain, or operate a water or sewer facility under this section.
Sec. 3906.156. ROADS. An improvement project may include a
paved, macadamized, or graveled road or street to the full extent
authorized by Section 52, Article III, Texas Constitution.
Sec. 3906.157. STORM WATER. An improvement project may
include protection and improvement of the quality of storm water
that flows through the district.
Sec. 3906.158. EDUCATION AND CULTURE. An improvement
project may include the planning and acquisition of:
(1) public art and sculpture and related exhibits and
facilities; or
(2) an educational facility and a cultural exhibit or
facility.
Sec. 3906.159. CONVENTION CENTER. An improvement project
may include the planning, design, construction, acquisition,
lease, rental, improvement, maintenance, installation, and
management of and provision of furnishings for a facility for:
(1) a conference, convention, or exhibition;
(2) a manufacturer, consumer, or trade show;
(3) a civic, community, or institutional event; or
(4) an exhibit, display, attraction, special event, or
seasonal or cultural celebration or holiday.
Sec. 3906.160. DEMOLITION. An improvement project may
include the removal, razing, demolition, or clearing of land or
improvements in connection with an improvement project.
Sec. 3906.161. MITIGATION OF ENVIRONMENTAL EFFECTS;
DEVELOPMENT AGREEMENT; TRANSIT PROJECT. An improvement project may
include the acquisition and improvement of land or other property
for the mitigation of the environmental effects of an improvement
project if the acquisition:
(1) complies with a development agreement between the
district and another person and the agreement conditions
reimbursement of costs associated with the acquisition on the
completion of substantial vertical development; or
(2) relates to a transit project.
Sec. 3906.162. ACQUISITION OF PROPERTY. An improvement
project may include the acquisition of property or an interest in
property in connection with an improvement project, including a
project authorized by Subchapter A, Chapter 372, Local Government
Code.
Sec. 3906.163. SPECIAL OR SUPPLEMENTAL SERVICES. An
improvement project may include a special or supplemental service
for the improvement and promotion of the district or an area
adjacent to the district or for the protection of public health and
safety in or adjacent to the district, including:
(1) a service listed in Section 375.112(a)(4), Local
Government Code;
(2) tourism;
(3) fire protection or emergency medical services; or
(4) educational improvements, enhancements, and
services.
Sec. 3906.164. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement project may include the planning,
design, construction, improvement, and maintenance of:
(1) a project or service listed in Section
375.112(a)(1), Local Government Code;
(2) highway right-of-way or transit corridor
beautification and improvement;
(3) a hiking and cycling path or trail;
(4) a pedestrian walkway;
(5) a garden, community activities center, dock,
wharf, sports facility, open space, or related exhibit or preserve;
or
(6) a bulkhead or other improvement designed to
prevent erosion.
Sec. 3906.165. SIMILAR IMPROVEMENT PROJECTS. An
improvement project may include a public improvement, facility, or
service similar to a project described by this subchapter.
[Sections 3906.166-3906.200 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3906.201. BORROWING MONEY. The district may borrow
money for a district purpose by issuing or executing bonds,
negotiable or nonnegotiable notes, credit agreements, or other
obligations of any kind found by the board to be necessary or
appropriate for a district purpose. The bond, note, credit
agreement, or other obligation must be secured by and payable from
any combination of ad valorem taxes, assessments, or any other
district revenue or sources of money.
Sec. 3906.202. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
secure the payment or repayment of any bond, note, or other
temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or
indebtedness by:
(1) the imposition of an ad valorem tax or an
assessment, user fee, concession fee, or rental charge; or
(2) any other revenue or resources of the district,
including tax increment revenue.
Sec. 3906.203. ASSESSMENTS. (a) The district may impose an
assessment on property in the district to pay the cost or the cost
of maintenance of any authorized district improvement in the manner
provided for:
(1) a district under Subchapters A, E, and F, Chapter
375, Local Government Code; or
(2) a municipality or county under Subchapter A,
Chapter 372, Local Government Code.
(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; and
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes.
(c) The lien of an assessment against property runs with the
land. The portion of an assessment payment obligation that has not
yet come due is not eliminated by the foreclosure of an ad valorem
tax lien, and any purchaser of property in a foreclosure of an ad
valorem tax lien takes the property subject to the assessment
payment obligations that have not yet come due and to the lien and
terms of the lien's payment under the applicable assessment
ordinance or order.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3906.204. NOTICE OF ASSESSMENT. The board shall file
notice of an assessment imposed with the county clerk of Cameron
County and post the notice on the district's Internet website.
Sec. 3906.205. STORM WATER USER CHARGES. The district may
establish user charges related to the operation of storm water
facilities, including the regulation of storm water for the
protection of water quality in the district.
Sec. 3906.206. NONPOTABLE WATER USER CHARGES. The district
may establish user charges for the use of nonpotable water for
irrigation purposes, subject to approval of the governing body of
the municipality in which the user is located.
Sec. 3906.207. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city, all or part of the cost of an improvement
project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3906.208. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to the district.
[Sections 3906.209-3906.250 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 3906.251. TAX ABATEMENT. The district may enter into a
tax abatement agreement in accordance with the general laws of this
state authorizing and applicable to a tax abatement agreement by a
municipality.
Sec. 3906.252. PROPERTY TAX AUTHORIZED. The district may
impose an ad valorem tax on all taxable property in the district to:
(1) pay for an improvement project of the types
authorized by Section 52(b), Article III, and Section 59, Article
XVI, Texas Constitution; or
(2) secure the payment of bonds issued for a purpose
described by Subdivision (1).
Sec. 3906.253. MAINTENANCE AND OPERATION TAX; ELECTION.
(a) The district may impose a tax for maintenance and operation
purposes, including for:
(1) planning, constructing, acquiring, maintaining,
repairing, and operating all improvement projects, including land,
plants, works, facilities, improvements, appliances, and equipment
of the district; and
(2) paying costs of services, engineering and legal
fees, and organization and administrative expenses.
(b) The district may not impose a maintenance and operation
tax unless the tax is approved by a majority of the district voters
voting at an election held for that purpose.
(c) A maintenance and operation tax election may be held at
the same time and in conjunction with any other district election.
The election may be called by a separate election order or as part
of any other election order.
Sec. 3906.254. USE OF SURPLUS MAINTENANCE AND OPERATION
MONEY. If the district has maintenance and operation tax money that
is not needed for the purposes for which it was collected, the money
may be used for any authorized purpose.
Sec. 3906.255. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
APPROVAL. (a) The district may issue by public or private sale
bonds, notes, or other obligations payable wholly or partly from ad
valorem taxes, tax increment financing, or assessments in the
manner provided by Subchapter A, Chapter 372, or Subchapter J,
Chapter 375, Local Government Code.
(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
any other type of obligation.
(c) In addition to the sources of money described by Chapter
311, Tax Code, Subchapter A, Chapter 372, and Subchapter J, Chapter
375, Local Government Code, district bonds may be secured and made
payable, wholly or partly, by a pledge of any part of the money the
district receives from system or improvement revenue or from any
other source.
Sec. 3906.256. ISSUANCE AND APPROVAL OF OBLIGATION POWERS.
The district has the powers provided by Chapter 1371, Government
Code.
Sec. 3906.257. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3906.258. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date.
Sec. 3906.259. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district in the manner provided by
Subchapter J, Chapter 54, Water Code, regardless of the district's
size, to pay for improvements, facilities, or services that
primarily benefit that area or property and do not generally and
directly benefit the district as a whole.
Sec. 3906.260. NOTICE OF TAX. The district shall file
notice of a tax imposed with the county clerk of Cameron County and
post the notice on the district's Internet website.
[Sections 3906.261-3906.300 reserved for expansion]
SUBCHAPTER F. TAX INCREMENT REINVESTMENT ZONE
Sec. 3906.301. DISTRICT AS TAX INCREMENT REINVESTMENT ZONE.
Without further authorization or procedural requirement, the
district is a tax increment reinvestment zone under Chapter 311,
Tax Code.
Sec. 3906.302. BOARD; POWERS. (a) The district's board is
the board of directors of the tax increment reinvestment zone.
(b) The district's board has the powers of the board of
directors of a tax increment reinvestment zone granted under
Chapter 311, Tax Code, including:
(1) the powers granted to a municipality under Section
311.008, Tax Code, subject to the limitations in Section 311.010,
Tax Code; and
(2) the power under Section 311.010(c), Tax Code, to
restrict the use of property in the zone under Chapter 211, Local
Government Code.
(c) Section 311.009, Tax Code, does not apply to the tax
increment reinvestment zone board.
Sec. 3906.303. BASE YEAR VALUE. The base year value of the
district, for tax increment financing purposes, is the value as of
January 1, 2011, of all taxable real property in the district as
shown on the certified tax rolls of the central appraisal district.
Sec. 3906.304. INTERLOCAL AGREEMENTS ALLOWED. The
district and an overlapping taxing unit may enter into an
interlocal agreement for the payment of all or a portion of the tax
increment of the unit to the district.
Sec. 3906.305. USE OF MONEY. The district may grant money
deposited in the tax increment fund to the district to be used by
the district for the purposes permitted for money granted to a
corporation under Section 380.002(b), Local Government Code,
including the right to pledge the money as security for any bonds
issued by the district for an improvement project.
Sec. 3906.306. CITY CONSENT; DURATION. The city may, in its
consent to the creation of the district, determine the portion of
tax increment to be paid to the district and the initial duration of
the tax increment reinvestment zone.
Sec. 3906.307. RESTRICTIONS ON AREA NOT APPLICABLE. The
area of the district that is a tax increment reinvestment zone is
not subject to the limitations provided by Section 311.006(b), Tax
Code.
[Sections 3906.308-3906.350 reserved for expansion]
SUBCHAPTER G. DISSOLUTION
Sec. 3906.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The district may be dissolved as provided by Subchapter
M, Chapter 375, Local Government Code, except that Section 375.264,
Local Government Code, does not apply to the district.
(b) The board may dissolve the district regardless of
whether the district has debt.
(c) 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.
Sec. 3906.352. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3906.353. ASSUMPTION OF ASSETS AND LIABILITIES. If
the city dissolves the district:
(1) the city assumes the obligations of the district,
including any bonds or other debt payable from assessments or other
district revenue; and
(2) the board shall transfer ownership of all district
property to the city.
SECTION 2. The Port Isabel Improvement District No. 1
initially includes all the territory contained in the following
area:
Being a 45.10 acre tract out of a 182.42 acre tract situated in the
City of Port Isabel, Cameron County, Texas, said 182.42 acre tract
being more particularly described by metes and bounds as follows;
Beginning at the approximate intersection of W. State Hwy. 100 (W.
Queen Isabella Blvd.) and N. 2nd St., said intersection being the
POINT OF BEGINNING and also the southwestern most corner of this
tract:
Thence, continuing generally north along N. 2nd St. N00°00'38"W,
992.66 feet to a point approximately located at the intersection of
2nd St. and Illinois Ave. and a point of deflection to the right;
Thence, continuing generally east along Illinois Ave. S90°00'00"E,
288.23 feet to a point approximately located at the intersection of
Illinois Ave. and First St. and a point of deflection to the left;
Thence, continuing generally in a northeasterly direction along
First St., N30°19'02"E, 885.93 feet and then N27°42'48"E, 212.40
feet to a point approximately located at the intersection of First
St. and W. North Shore Dr.;
Thence, continuing generally in an easterly direction along W.
North Shore Dr. with the following calls:
Following along a curve to the right having a radius of 3481.45 feet
and an arc length of 515.77 feet;
Thence, N80°34'06"E, 688.86 feet passing through the W. North Shore
Dr. Cul-de-Sac situated on the west side of the main canal and
crossing said main canal to a point approximately located at the
center of the W. North Shore Dr. Cul-de-Sac;
Thence, N87°16'53"E, 262.60 feet to a point located at the
intersection of N. Shore Dr. and N. Yturria St. and a point of
deflection to the right;
Thence, continuing generally in a southeasterly direction along N.
Yturria St. with the following calls:
S66°43'02"E, 1048.75 feet,
Thence, S77°29'11"E, 834.75 feet,
Thence, S77°20'18"E, 78.40 feet,
Thence, S34°27'49"E, 706.34 feet to a point approximately located at
the intersection with N. Yturria St. and W. State Hwy. 100 (W. Queen
Isabella Blvd.)
Thence, continuing generally along W. State Hwy. 100 (W. Queen
Isabella Blvd.) with the following calls:
S76°30'15"W, 237.92 feet,
Thence, S55°32'11"W, 485.22 feet,
Thence, S53°19'55"W, 1309.56 feet,
Thence, following along a curve to the right having a radius of
1250.27 feet and an arc length of 928.59 feet,
Thence, N84°02'49"W, 847.36 feet,
Thence, following along a curve to the right having a radius of
2763.89 feet and an arc length of 887.31 feet,
Thence, N68°12'13"W, 318.83 feet to the approximate POINT OF
BEGINNING and containing 182.42 acres, Less the following three
areas totaling 45.10 acres to be excluded;
97.01 Acre Tract:
Excluding an area being 97.01 acres situated within the afore
mentioned 182.42 acres and being more particularly described as
follows:
Beginning at a point situated approximately 380.0 feet southwest of
the approximate intersection of N. Shore Dr. and N. Yturria St. said
intersection being the POINT OF BEGINNING,
Thence, N80°34'06"E, 116.18 feet, to a point of deflection to the
right,
Thence, N87°16'53"E, 262.60 feet to a point located at the
intersection of N. Shore Dr. and N. Yturria St. and a point of
deflection to the right;
Thence, continuing generally in a southeasterly direction along N.
Yturria St. with the following calls:
S66°43'02"E, 1048.75 feet,
Thence, S77°29'11"E, 834.75 feet,
Thence, S77°20'18"E, 78.40 feet,
Thence, S34°27'49"E, 706.34 feet to a point approximately located at
the intersection with N. Yturria St. and W. State Hwy. 100 (W. Queen
Isabella Blvd.)
Thence, continuing generally along W. State Hwy. 100 (W. Queen
Isabella Blvd.) with the following calls:
S76°30'15"W, 237.92 feet,
Thence, S55°32'11"W, 485.22 feet,
Thence, S53°19'55"W, 1309.56 feet,
Thence, following along a curve to the right having a radius of
1250.27 feet and an arc length of 922.59 feet,
Thence, continuing generally north along Island Ave. N04°20'40"E,
222.19 feet,
Thence, following along a curve to the left having a radius of
777.53 feet and an arc length of 437.02 feet,
Thence, following along a curve to the right having a radius of
573.56 feet and an arc length of 289.72 feet,
Thence, N00°00'00"W, 1320.52 feet,
Thence, N67°19'01"E, 52.43 feet,
Thence, N45°42'19"E, 51.62 feet,
Thence, N07°16'44"E, 124.96 feet,
Thence, N35°58'29"W, 55.40 feet,
Thence, N02°09'44W, 23.47 feet, to the approximate POINT OF
BEGINNING and containing 97.01 acres.
36.50 Acres:
Excluding an area being 36.50 acres situated within the afore
mentioned 182. 42 acres, and being more particularly described as
follows:
Beginning at a point situated approximately 700.00 feet east of the
approximate intersection of N. Shore Dr. and Yturria St., said
point being the POINT OF BEGINNING,
Thence, continuing along a shoreline with the following calls:
Following along a curve to the right having a radius of 146.44 feet
and an arc length of 179.23 feet,
Thence, N88°34'07"W, 59.23 feet,
Thence, S81°35'31"W, 212.48 feet,
Thence, S52°03'09"W, 170.82 feet,
Thence, S60°00'52"W, 165.71 feet,
Thence, S43°44'31"W, 94.20 feet,
Thence, S51°21'18"W, 113.71 feet,
Thence, S37°43'13"W, 346.57 feet,
Thence, following along a curve to the left having a radius of
360.58 feet and an arc length of 220.18 feet,
Thence, S01°45'48"E, 122.64 feet,
Thence, following along a curve to the left having a radius of
1419.42 feet and an arc length of 277.22 feet,
Thence, S17°12'41"E, 720.75 feet,
Thence, N61°12'07"E, 42.91 feet,
Thence, following along a curve to the right having a radius of
217.02 feet and an arc length of 170.89 feet,
Thence, S74°43'17"E, 303.06 feet,
Thence, S86°44'59"E, 82.86 feet,
Thence, N72°02'59"E, 137.36 feet,
Thence, N58°15'14"E, 165.73 feet,
Thence, N01°30'30"E, 51.00 feet,
Thence, N54°15'37"E, 124.02 feet,
Thence, following along a curve to the left having a radius of
110.46 feet and an arc length of 95.48 feet,
Thence, N04°42'37"E, 114.42 feet,
Thence, S89°07'57"W, 88.60 feet,
Thence, S29°33'06"W, 92.53 feet,
Thence, S35°24'33"W, 125.10 feet,
Thence, N61°53'20"W, 88.26 feet,
Thence, N29°13'06"E, 247.48 feet,
Thence, following along a curve to the left having a radius of
1357.61feet and an arc length of 147.15 feet,
Thence, N09°00'46"E, 54.80 feet,
Thence, N11°50'53"E, 94.86 feet,
Thence, following along a curve to the right having a radius of
225.45feet and an arc length of 108.46 feet,
Thence, N71°20'07"E, 70.18 feet, to a point on the western
right-of-way of Island Ave.
Thence, S00°00'00"W, 337.14 feet,
Thence, following along a curve to the left having a radius of
734.06feet and an arc length of 282.24 feet,
Thence, following along a curve to the right having a radius of
777.53feet and an arc length of 437.02 feet,
Thence, S04°20'40"W, 222.19 feet,
Thence, N84°02'49"W, 784,86 feet,
Thence, following along a curve to the right having a radius of
2763.89 feet and an arc length of 887.31 feet,
Thence, N68°12'13"W, 318.83 feet,
Thence, N00°00'38"W, 992.66 feet,
Thence, S90°00'00"E, 288.23 feet,
Thence, N30°19'02"E, 885.93 feet,
Thence, N27°42'48"E, 212.40 feet,
Thence, Following along a curve to the right having a radius of
3481.45 feet and an arc length of 515.77 feet;
Thence, continuing generally north along Island Ave. N80°34'06"E,
284.43 feet to the approximate POINT OF BEGINNING and containing
36.50 acres.
Harbor Island Dr:
Excluding an area being 3.81 acres situated within the afore
mentioned 182.42 acres, said area partially encompassing Harbor
Island Dr. and being more particularly described as follows:
Beginning at a point situated approximately 93.0 feet northwest of
the approximate intersection of Harbor Island Dr. and Island Ave.,
said intersection being the POINT OF BEGINNING,
Thence, continuing in a southerly direction along with the west
right-of-way of Island Ave. with the following calls:
S00°22'36"E, 239.66 feet
Thence, N51°07'58"W, 48.22 feet,
Thence, S81°59'37"W 165.11 feet,
Thence, S54°05'12"W, 472.53 feet,
Thence, N46°24'16"E, 59.39 feet,
Thence, S50°19'46"W, 91.11 feet,
Thence, N47°03'38"W, 59.11 feet,
Thence, N65°33'01"W, 52.83 feet,
Thence, N26°31'28"E, 97.24 feet,
Thence, N52°36'42"E, 388.69 feet,
Thence, N64°30'00"W, 236.16 feet,
Thence, N75°43'05"E, 132.47 feet,
Thence, N85°31'47"E, 93.17 feet, to the approximate POINT OF
BEGINNING and containing 3.81 acres.
The total acreage for said 182.42 acre tract excluding said three
areas totaling 137.32 acres described herein totals 45.10 acres.
SECTION 3. (a) The 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
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) 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.
(d) 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 4. 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, 2011.