Bill Text: TX SB1922 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 2-0)
Status: (Enrolled - Dead) 2011-06-17 - Effective immediately [SB1922 Detail]
Download: Texas-2011-SB1922-Comm_Sub.html
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 2-0)
Status: (Enrolled - Dead) 2011-06-17 - Effective immediately [SB1922 Detail]
Download: Texas-2011-SB1922-Comm_Sub.html
By: Lucio | S.B. No. 1922 | |
(In the Senate - Filed April 28, 2011; April 29, 2011, read | ||
first time and referred to Committee on International Relations and | ||
Trade; May 2, 2011, reported favorably by the following vote: | ||
Yeas 4, Nays 0; May 2, 2011, sent to printer.) |
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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. | ||
* * * * * |