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AN ACT
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relating to the creation of the Port Isabel Improvement District |
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No. 1; providing authority to impose a tax and issue bonds; granting |
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a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3906 to read as follows: |
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CHAPTER 3906. PORT ISABEL IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3906.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Port Isabel. |
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(3) "Director" means a board member. |
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(4) "District" means the Port Isabel Improvement |
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District No. 1. |
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Sec. 3906.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3906.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) The district is created to supplement and not to |
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supplant city services provided in the district. |
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Sec. 3906.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; |
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(3) providing quality residential housing; and |
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(4) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a residential community; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, vehicle parking, and street art objects are parts of |
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and necessary components of a street and are considered to be an |
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improvement project that includes a street or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3906.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under |
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Section 3906.113 or other law. |
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(b) A mistake in the field notes of the district contained |
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in Section 2 of the Act enacting this chapter or in copying the |
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field notes in the legislative process does not in any way affect: |
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(1) the district's organization, existence, or |
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validity; |
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(2) the district's right to contract, including the |
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right to issue any type of bond or other obligation for a purpose |
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for which the district is created; |
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(3) the district's right to impose or collect an |
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assessment, tax, or any other revenue; or |
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(4) the legality or operation of the board. |
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Sec. 3906.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created by the |
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city under Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created by the |
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city under Chapter 312, Tax Code; |
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(3) an enterprise zone created by the city under |
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Chapter 2303, Government Code; or |
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(4) an industrial district created by the city under |
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Chapter 42, Local Government Code. |
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[Sections 3906.007-3906.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3906.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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Sec. 3906.052. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors. Four directors must be |
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appointed from persons recommended by the board as provided by |
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Section 375.064, Local Government Code. |
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Sec. 3906.053. QUALIFICATIONS. (a) The four directors |
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recommended by the board must meet the qualifications described by |
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Section 54.102, Water Code, and by Section 375.064, Local |
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Government Code. |
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(b) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 3906.054. AFFIDAVIT AND ABSTENTION FROM VOTING |
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REQUIRED. A director shall comply with Section 171.004, Local |
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Government Code, including the disclosure and abstention |
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requirements of that section. |
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Sec. 3906.055. REMOVAL OF DIRECTORS. Section 375.065, |
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Local Government Code, governs the removal of directors. |
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Sec. 3906.056. DIRECTOR'S OATH OR AFFIRMATION. A director |
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shall file the director's oath or affirmation of office with the |
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district, and the district shall retain the oath or affirmation in |
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the district records. |
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Sec. 3906.057. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. The offices |
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of chair and secretary may not be held by the same person. |
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Sec. 3906.058. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $50 for each |
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board meeting. The total amount of compensation a director may |
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receive each year may not exceed $2,000. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of a director. |
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Sec. 3906.059. LIABILITY INSURANCE FOR DIRECTORS. The |
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district may obtain and pay for comprehensive general liability |
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insurance coverage from a commercial insurance company or other |
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source that protects and insures a director against personal |
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liability and from all claims relating to: |
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(1) actions taken by the director in the director's |
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capacity as a member of the board; |
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(2) actions and activities taken by the district; or |
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(3) the actions of others acting on behalf of the |
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district. |
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Sec. 3906.060. INITIAL DIRECTORS. (a) Not later than the |
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60th day after the effective date of the Act enacting this chapter, |
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the governing body of the city shall appoint an initial board of |
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five directors. |
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(b) At least three of the initial directors must: |
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(1) reside in the district; |
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(2) own land in the district; or |
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(3) be an agent of a person who owns land in the |
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district. |
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(c) The terms of two initial directors expire June 1, 2013, |
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and the terms of three initial directors expire June 1, 2015. |
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(d) This section expires September 1, 2015. |
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[Sections 3906.061-3906.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3906.101. IMPROVEMENT PROJECTS. The district may |
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provide, or it may enter into contracts with a governmental or |
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private entity to provide, the improvement projects described by |
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Subchapter C-1 or activities in support of or incidental to those |
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projects. |
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Sec. 3906.102. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49, 51, and 54, Water Code. |
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Sec. 3906.103. ROAD DISTRICT POWERS; EXCEPTION. |
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(a) Except as provided by Subsection (b), the district has the |
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powers provided by the general laws relating to road districts and |
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road utility districts created under Section 52(b), Article III, |
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Texas Constitution, including Chapter 441, Transportation Code. |
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(b) The district may exercise any power granted by this |
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chapter and by Chapter 441, Transportation Code, without regard to |
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any provision or requirement of, or procedure prescribed by, |
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Chapter 441, Transportation Code. |
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Sec. 3906.104. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by Subchapter A, Chapter 372, |
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Local Government Code, to a municipality or county. |
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Sec. 3906.105. MUNICIPAL MANAGEMENT DISTRICT POWERS. The |
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district has the powers provided by Chapter 375, Local Government |
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Code. |
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Sec. 3906.106. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3906.107. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3906.108. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3906.109. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3906.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3906.111. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3906.112. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3906.113. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3906.114. LIMITED EMINENT DOMAIN POWER TO ACQUIRE |
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SEAWALL. (a) The district may acquire by condemnation any land, |
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easements, or other property inside the district boundaries only as |
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necessary for the construction of a seawall. The district may elect |
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to condemn either the fee simple title or a lesser property |
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interest. |
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(b) The district may not acquire by condemnation: |
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(1) any land, easements, or other property inside the |
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district boundaries for a purpose other than constructing a |
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seawall; |
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(2) any land, easements, or other property outside the |
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district; or |
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(3) water or water rights. |
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(c) The district shall exercise the right of eminent domain |
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in the manner provided by Chapter 21, Property Code. The district |
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is not required to: |
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(1) give bond for appeal or bond for costs in a |
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condemnation suit or other suit to which it is a party; or |
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(2) deposit more than the amount of an award in a suit. |
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(d) Section 375.094, Local Government Code, does not apply |
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to the district. |
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[Sections 3906.115-3906.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS |
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Sec. 3906.151. BOARD DETERMINATION REQUIRED. The district |
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may not undertake an improvement project unless the board |
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determines the project to be necessary to accomplish a public |
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purpose of the district. |
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Sec. 3906.152. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project may be located: |
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(1) in the district; or |
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(2) in an area outside but adjacent to the district if |
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the project is for the purpose of extending a public infrastructure |
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improvement beyond the district's boundaries to a logical terminus. |
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Sec. 3906.153. MUNICIPAL REQUIREMENTS. An improvement |
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project in a municipality must comply with any applicable municipal |
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requirements, including codes and ordinances. |
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Sec. 3906.154. LAKE OR OTHER BODY OF WATER. For the |
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purposes of this subchapter, planning, design, construction, |
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improvement, or maintenance of a lake or other body of water |
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includes dredging, cleaning, widening, deepening, or other |
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drainage, reclamation, or recreation work done to make the lake or |
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other body of water navigable, clean, or safe for recreational use. |
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Sec. 3906.155. WATER. (a) An improvement project may |
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include a supply and distribution facility or system to provide |
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potable and nonpotable water to the residents and businesses of the |
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district, including a wastewater collection facility. |
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(b) The district may plan, design, construct, improve, |
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maintain, or operate a water or sewer facility under this section. |
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Sec. 3906.156. ROADS. An improvement project may include a |
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paved, macadamized, or graveled road or street to the full extent |
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authorized by Section 52, Article III, Texas Constitution. |
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Sec. 3906.157. STORM WATER. An improvement project may |
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include protection and improvement of the quality of storm water |
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that flows through the district. |
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Sec. 3906.158. EDUCATION AND CULTURE. An improvement |
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project may include the planning and acquisition of: |
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(1) public art and sculpture and related exhibits and |
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facilities; or |
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(2) an educational facility and a cultural exhibit or |
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facility. |
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Sec. 3906.159. CONVENTION CENTER. An improvement project |
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may include the planning, design, construction, acquisition, |
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lease, rental, improvement, maintenance, installation, and |
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management of and provision of furnishings for a facility for: |
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(1) a conference, convention, or exhibition; |
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(2) a manufacturer, consumer, or trade show; |
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(3) a civic, community, or institutional event; or |
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(4) an exhibit, display, attraction, special event, or |
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seasonal or cultural celebration or holiday. |
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Sec. 3906.160. DEMOLITION. An improvement project may |
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include the removal, razing, demolition, or clearing of land or |
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improvements in connection with an improvement project. |
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Sec. 3906.161. MITIGATION OF ENVIRONMENTAL EFFECTS; |
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DEVELOPMENT AGREEMENT; TRANSIT PROJECT. An improvement project may |
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include the acquisition and improvement of land or other property |
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for the mitigation of the environmental effects of an improvement |
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project if the acquisition: |
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(1) complies with a development agreement between the |
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district and another person and the agreement conditions |
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reimbursement of costs associated with the acquisition on the |
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completion of substantial vertical development; or |
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(2) relates to a transit project. |
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Sec. 3906.162. ACQUISITION OF PROPERTY. An improvement |
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project may include the acquisition of property or an interest in |
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property in connection with an improvement project, including a |
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project authorized by Subchapter A, Chapter 372, Local Government |
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Code. |
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Sec. 3906.163. SPECIAL OR SUPPLEMENTAL SERVICES. An |
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improvement project may include a special or supplemental service |
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for the improvement and promotion of the district or an area |
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adjacent to the district or for the protection of public health and |
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safety in or adjacent to the district, including: |
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(1) a service listed in Section 375.112(a)(4), Local |
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Government Code; |
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(2) tourism; |
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(3) fire protection or emergency medical services; or |
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(4) educational improvements, enhancements, and |
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services. |
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Sec. 3906.164. MISCELLANEOUS DESIGN, CONSTRUCTION, AND |
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MAINTENANCE. An improvement project may include the planning, |
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design, construction, improvement, and maintenance of: |
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(1) a project or service listed in Section |
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375.112(a)(1), Local Government Code; |
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(2) highway right-of-way or transit corridor |
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beautification and improvement; |
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(3) a hiking and cycling path or trail; |
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(4) a pedestrian walkway; |
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(5) a garden, community activities center, dock, |
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wharf, sports facility, open space, or related exhibit or preserve; |
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or |
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(6) a bulkhead or other improvement designed to |
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prevent erosion. |
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Sec. 3906.165. SIMILAR IMPROVEMENT PROJECTS. An |
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improvement project may include a public improvement, facility, or |
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service similar to a project described by this subchapter. |
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[Sections 3906.166-3906.200 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3906.201. BORROWING MONEY. The district may borrow |
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money for a district purpose by issuing or executing bonds, |
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negotiable or nonnegotiable notes, credit agreements, or other |
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obligations of any kind found by the board to be necessary or |
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appropriate for a district purpose. The bond, note, credit |
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agreement, or other obligation must be secured by and payable from |
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any combination of ad valorem taxes, assessments, or any other |
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district revenue or sources of money. |
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Sec. 3906.202. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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secure the payment or repayment of any bond, note, or other |
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temporary or permanent obligation or reimbursement or other |
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contract with any person and the costs and expenses of the |
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establishment, administration, and operation of the district and |
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the district's costs or share of the costs or revenue of an |
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improvement project or district contractual obligation or |
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indebtedness by: |
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(1) the imposition of an ad valorem tax or an |
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assessment, user fee, concession fee, or rental charge; or |
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(2) any other revenue or resources of the district, |
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including tax increment revenue. |
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Sec. 3906.203. ASSESSMENTS. (a) The district may impose |
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an assessment on property in the district to pay the cost or the |
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cost of maintenance of any authorized district improvement in the |
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manner provided for: |
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(1) a district under Subchapters A, E, and F, Chapter |
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375, Local Government Code; or |
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(2) a municipality or county under Subchapter A, |
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Chapter 372, Local Government Code. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; and |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes. |
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(c) The lien of an assessment against property runs with the |
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land. The portion of an assessment payment obligation that has not |
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yet come due is not eliminated by the foreclosure of an ad valorem |
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tax lien, and any purchaser of property in a foreclosure of an ad |
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valorem tax lien takes the property subject to the assessment |
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payment obligations that have not yet come due and to the lien and |
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terms of the lien's payment under the applicable assessment |
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ordinance or order. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3906.204. NOTICE OF ASSESSMENT. The board shall file |
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notice of an assessment imposed with the county clerk of Cameron |
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County and post the notice on the district's Internet website. |
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Sec. 3906.205. STORM WATER USER CHARGES. The district may |
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establish user charges related to the operation of storm water |
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facilities, including the regulation of storm water for the |
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protection of water quality in the district. |
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Sec. 3906.206. NONPOTABLE WATER USER CHARGES. The district |
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may establish user charges for the use of nonpotable water for |
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irrigation purposes, subject to approval of the governing body of |
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the municipality in which the user is located. |
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Sec. 3906.207. COSTS FOR IMPROVEMENT PROJECTS. The |
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district may undertake separately or jointly with other persons, |
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including the city, all or part of the cost of an improvement |
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project, including an improvement project: |
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(1) for improving, enhancing, and supporting public |
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safety and security, fire protection and emergency medical |
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services, and law enforcement; or |
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(2) that confers a general benefit on the entire |
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district or a special benefit on a definable part of the district. |
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Sec. 3906.208. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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[Sections 3906.209-3906.250 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3906.251. TAX ABATEMENT. The district may enter into a |
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tax abatement agreement in accordance with the general laws of this |
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state authorizing and applicable to a tax abatement agreement by a |
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municipality. |
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Sec. 3906.252. PROPERTY TAX AUTHORIZED. The district may |
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impose an ad valorem tax on all taxable property in the district to: |
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(1) pay for an improvement project of the types |
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authorized by Section 52(b), Article III, and Section 59, Article |
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XVI, Texas Constitution; or |
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(2) secure the payment of bonds issued for a purpose |
|
described by Subdivision (1). |
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Sec. 3906.253. MAINTENANCE AND OPERATION TAX; ELECTION. |
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(a) The district may impose a tax for maintenance and operation |
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purposes, including for: |
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(1) planning, constructing, acquiring, maintaining, |
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repairing, and operating all improvement projects, including land, |
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plants, works, facilities, improvements, appliances, and equipment |
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of the district; and |
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(2) paying costs of services, engineering and legal |
|
fees, and organization and administrative expenses. |
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(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. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1922 passed the Senate on |
|
May 10, 2011, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1922 passed the House on |
|
May 19, 2011, by the following vote: Yeas 148, Nays 0, one |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |