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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Padre Isles Management District; |
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providing authority to issue bonds. |
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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 3912 to read as follows: |
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CHAPTER 3912. PADRE ISLES MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3912.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Bulkhead property" means all bulkheads in the |
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district owned by the district or owned or previously owned by the |
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Padre Isles Property Owners Association, including any associated |
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easements. |
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(3) "City" means the City of Corpus Christi. |
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(4) "Director" means a board member. |
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(5) "District" means the Padre Isles Management |
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District. |
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Sec. 3912.002. CREATION AND NATURE OF DISTRICT. The Padre |
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Isles Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3912.003. 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 safety and the public welfare in |
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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. 3912.004. 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 developing and |
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diversifying the economy of the state. |
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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) seek and provide needed funding for the district |
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to preserve, maintain, and enhance the economic health and vitality |
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of the district territory as a residential community and business |
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center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing for the preservation of bulkhead |
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property and the navigable waters surrounding Padre Island. |
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(e) 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. 3912.005. DISTRICT TERRITORY. (a) The district is |
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initially composed of the territory described by Section 2 of the |
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Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue revenue bonds for the purposes for |
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which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to pursue relief funding from any lawful |
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source, including this state, the federal government, or any |
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private source; or |
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(4) legality or operation. |
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Sec. 3912.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3912.007. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3912.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years with two or three directors' terms expiring June |
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1 of each odd-numbered year. |
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Sec. 3912.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY |
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CITY. (a) To be qualified to serve as a director appointed by the |
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governing body of the city, a person must be: |
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(1) a resident of the district who is also a registered |
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voter of the district; |
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(2) an owner of property in the district; |
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(3) an owner of stock or a partnership or membership |
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interest, whether beneficial or otherwise, of a corporate |
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partnership, limited liability company, or other entity owner of a |
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direct or indirect interest in property in the district; |
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(4) an owner of a beneficial interest in a trust, or a |
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trustee in a trust, that directly or indirectly owns property in the |
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district; |
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(5) an agent, employee, or tenant of a person |
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described by Subdivision (2), (3), or (4); or |
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(6) an initial director. |
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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. 3912.053. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors from persons recommended |
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by the board. |
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Sec. 3912.054. VACANCY. The remaining directors shall fill |
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a vacancy on the board by appointing a person who meets the |
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qualifications prescribed by Section 3912.052 to serve for the |
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remainder of the unexpired term. |
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Sec. 3912.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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director shall file the director's oath or affirmation of office |
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with the district, and the district shall retain the oath or |
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affirmation in the district records. |
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(b) A director shall file a copy of the director's oath or |
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affirmation with the secretary of the city. |
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Sec. 3912.056. 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. 3912.057. COMPENSATION; EXPENSES. A director is not |
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entitled to compensation, but is entitled to reimbursement for |
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necessary and reasonable expenses incurred in carrying out the |
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duties and responsibilities of the board. |
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Sec. 3912.058. LIABILITY INSURANCE. The district may |
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obtain and pay for comprehensive general liability insurance |
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coverage from a commercial insurance company or other source that |
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protects and insures a director against personal liability and from |
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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. 3912.059. NO EXECUTIVE COMMITTEE. The board may not |
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create an executive committee to exercise the powers of the board. |
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Sec. 3912.060. BOARD MEETINGS. The board shall hold |
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meetings at a place accessible to the public. |
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Sec. 3912.061. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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Pos. No. Name of Director |
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1 Jeffrey Carlson |
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2 Nancy Tressa |
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3 Cheri Sperling |
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4 Brent Moore |
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5 Darrell Scanlan |
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(b) The terms of the initial directors expire June 1, 2015. |
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(c) Of the directors who replace an initial director, the |
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terms of directors serving in positions 1, 2, and 3 expire June 1, |
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2015, and the terms of directors serving in positions 4 and 5 expire |
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June 1, 2017. |
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(d) Section 3912.052 does not apply to this section. |
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(e) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3912.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3912.102. 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. 3912.103. LIABILITY RESULTING FROM DISTRICT ACTION. |
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An action of the district or the board does not create a liability |
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against the city or any other political subdivision. |
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Sec. 3912.104. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS |
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Sec. 3912.131. IMPROVEMENT PROJECTS AND SERVICES; |
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LIMITATIONS. (a) The district may provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service described by Subsection (b) using |
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any money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter and |
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Chapter 375, Local Government Code. |
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(b) The district may undertake an improvement project or |
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service only as necessary to reconstruct, preserve, and maintain |
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bulkhead property. |
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Sec. 3912.132. LOCATION OF IMPROVEMENT PROJECT. An |
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improvement project described by Section 3912.131 must be located |
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in the district. |
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Sec. 3912.133. ADDITIONAL DISTRICT DUTIES REGARDING |
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IMPROVEMENT PROJECTS. The district shall: |
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(1) submit written notice to the city administrator or |
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the administrator's designee of the anticipated date construction |
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of an improvement project will begin; |
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(2) comply with applicable city ordinances, |
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resolutions, and regulations when constructing and maintaining an |
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improvement project; |
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(3) allow a representative of the city to inspect an |
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improvement project during construction to assess the project's |
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compliance with applicable city ordinances, resolutions, and |
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regulations; |
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(4) alter an improvement project to comply with |
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applicable city ordinances, resolutions, and regulations if the |
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representative of the city provides the district with written |
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notice that the improvement project does not comply with applicable |
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city ordinances, resolutions, and regulations; and |
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(5) obtain any necessary permits from city, county, |
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state, or federal authorities to construct and maintain an |
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improvement project. |
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Sec. 3912.134. LICENSE AND CERTIFICATION REQUIREMENTS. The |
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district may not contract with or employ a person to plan or |
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construct an improvement project unless the person is licensed or |
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certified in an area relating to planning or construction, as |
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applicable. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3912.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3912.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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an improvement project or service authorized under this chapter and |
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Chapter 375, Local Government Code, using any money available to |
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the district, including contract payments from any lawful source. |
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SUBCHAPTER E. BONDS |
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Sec. 3912.201. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue, by public or private sale, bonds, notes, or |
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other obligations payable wholly or partly from district revenue. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(c) District bonds may be secured and made payable wholly or |
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partly by a pledge of any part of the money the district receives |
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from improvement revenue or from any other source. |
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Sec. 3912.202. BOND MATURITY. Bonds may mature not more |
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than 30 years from their date of issue. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3912.251. DISSOLUTION BY CITY ORDINANCE. (a) The |
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city by ordinance may dissolve the district. |
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(b) The city may not dissolve the district until the |
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district's outstanding debt or contractual obligations that are |
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payable from any source available to the district have been repaid |
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or discharged, or the city has affirmatively assumed the obligation |
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to pay the outstanding debt from city revenue. |
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Sec. 3912.252. COLLECTION OF REVENUE. If the dissolved |
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district has bonds or other obligations outstanding secured by and |
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payable from district revenue, the city shall succeed to the rights |
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and obligations of the district regarding enforcement and |
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collection of the revenue. |
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SECTION 2. The Padre Isles Management District initially |
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includes all territory contained in the following area: |
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The District is comprised of three (3) tracts totaling |
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approximately 2.9 square miles or 1,871 acres situated around the |
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intersection of S. Padre Island Drive (Park Road 22) and Whitecap |
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Boulevard, and being described by the following: |
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Tract 1 being approx. 290 acres with the beginning point at south |
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right-of-way (ROW) of S. Padre Island Drive (Park Road 22) and |
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approx. 16 feet of north corner of 0.72 acre parcel (PADRE ISLAND |
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SEC 2 BLK 72 LOT 47 ETAL); |
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Then southeast and south approx. 6,323 ft. along west ROW of S. |
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Padre Island Drive (Park Road 22) to south ROW of Compass St; |
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Then west and north approx. 1,596 ft. along south ROW of Compass St. |
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to south ROW of Commodore Drive; |
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Then west and northwest approx. 2,949 ft. along south ROW of |
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Commodore Drive to east ROW of Aquarius St; |
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Then south southwest approx. 148 ft. along east ROW of Aquarius St. |
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to south ROW of Bello Dr; |
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Then northwest approx. 331 ft. along south ROW of Bello Dr. to west |
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ROW of Dragonet St.; |
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Then north northeast approx. 149 ft. along west ROW of Dragonet St |
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to southeast corner 0.19 acre parcel (COMMODORES COVE LOT 1 BLK 6); |
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Then west northwest and west approx. 1,030 ft. along south boundary |
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of Commodores Cove Lots 1-14 Blk 6 to southwest corner of 0.19 acre |
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parcel (COMMODORES COVE LOT 14 BLK 6); |
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Then generally west along channel of Commodores Cove's Unit 2, as |
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follows, |
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Southwest approx. 198 ft. across channel to channel island, |
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West approx. 343 ft. along center of channel island, |
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Southwest approx. 371 ft. along center of channel island, |
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West southwest approx. 310 ft. along center of channel |
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island, |
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Northwest approx. 285 ft. along center of channel island to |
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west boundary of undeveloped Commodores Cove Unit 2; |
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Then north northeast approx. 3,343 ft. along west boundary of |
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Commodores Cove's Unit 2 and Unit 1 to a point in Galleon Bay and |
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northwest approx. 107 ft. of north corner of 0.2189 acre parcel |
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(Padre Island Sec 2 Lt 1 Blk 72); |
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Then south southeast approx. 1,562 ft. along north boundary of |
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twenty (20) adjacent parcels (Padre Island Sec 2 Lt 1-20 Blk 72) to |
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west corner of 0.3170 acre parcel (Padre Island Sec 2 Lt 33 Blk 72); |
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Then northeast approx. 464 ft. along west boundary said 0.3170 acre |
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parcel and three (3) adjacent parcels (Padre Island Sec 2 Lt 34, 35 |
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and 47 Blk 72) and south ROW of S. Padre Island Drive (Park Road 22) |
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and beginning point of 290 acre tract. |
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Tract 2 being approx. 192 acres with the beginning point at west ROW |
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of Leeward Dr, and north ROW of St. Bartholomew Avenue; |
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Then east southeast approx. 591 ft. along north ROW of St. |
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Bartholomew Ave. to west boundary of 2.38 acre parcel (El Constante |
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Beachfront Condos); |
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Then north northeast approx. 101 ft. along west boundary of said |
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approx. 2.38 acre parcel to north corner of said parcel; |
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Then east southeast approx. 537 ft. along north boundary of said |
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2.38 acre parcel to east corner of said parcel and boardwalk ROW; |
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Then south southwest approx. 4,264 ft. along boardwalk ROW to east |
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corner of 8.1 acre parcel (Lake Padre South Lt Blk 3); |
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Then west northwest approx. 483 ft. along north boundary of said 8.1 |
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acre parcel to east ROW of Leeward Drive; |
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Then south southwest approx. 114 ft. across said 8.1 acre parcel, to |
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north ROW of Whitecap Blvd.; |
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Then west northwest approx. 840 ft. along north ROW of Whitecap |
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Blvd. to west ROW of Windward Drive; |
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Then northeast approx. 541 ft. along west ROW of Windward Drive to a |
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point south southwest approx. 190 ft. from southwest corner of 0.64 |
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acre parcel (PADRE ISLAND SEC C BLK 0 LOT 1R); |
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Then generally north and east through channels of Padre Island |
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Sections C, E and D as follows, |
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North approx. 1,436 ft. along channel, |
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North northwest approx. 2,436 ft. along channel, |
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Northeast approx. 493 ft. along channel, |
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Southeast approx. 1,773 ft. along channel to west ROW of |
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Leeward Drive; |
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Then north northeast along west ROW of Leeward Drive to beginning |
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point of 192 acre tract. |
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Tract 3 being approx. 1,389 acres with the beginning point at south |
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ROW of Whitecap Blvd. and centerline of S. Padre Island Drive (Park |
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Road 22); |
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Then west approx. 683 ft. along south ROW of Whitecap Blvd. to east |
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ROW of utility service road; |
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Then south approx. 1,012 ft. along east ROW of utility service road |
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to north ROW of Las Tunas Drive; |
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Then east approx. 109 ft. along north ROW of Las Tunas Drive to east |
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ROW of Palmira Avenue; |
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Then south and southwest approx. 6,359 ft. along east ROW of Palmira |
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Avenue to south ROW of Sea Pines Ave; |
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Then west approx. 45 ft. along south ROW of Sea Pines Ave. to |
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northeast corner of 0.14 acre parcel (SEA PINES NO 1 LOT 1 BLK 15); |
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Then south southwest approx. 854 ft. along east boundary of Sea |
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Pines No. 1 Blk 15, Lots 1-13 to south corner of 0.19 acre parcel |
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(SEA PINES NO 1 LOT 13 BLK 15); |
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Then west northwest approx. 272 ft. along south boundary of Sea |
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Pines No. 1 Blk 15, Lots 13-15 to west corner of 0.21 acre parcel |
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(SEA PINES NO 1 LOT 15 BLK 15) and coincident east boundary of 0.14 |
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acre parcel (SEA PINES NO 1 LOT 23 BLK 15); |
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Then south southwest approx. 572 ft. along east boundary of Sea |
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Pines No. 1 Blk 15, Lots 23-31 to south corner of 0.22 acre parcel |
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(Sea Pines No. 1 Blk 15, Lot 31); |
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Then west northwest approx. 1,161 ft. along south boundary of Sea |
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Pines No. 1 Blk 15 Lots 31-48 to west corner of 0.14 acre parcel (Sea |
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Pines No. 1 Blk 15, Lot 48); |
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Then north northeast and northeast approx. 1,670 feet along west |
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boundary of 0.14 acre parcel and west ROW of Coralvine St. to south |
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ROW of Sea Pines Ave; |
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Then northwest and west approx. 2,480 along south ROW of Coralvine |
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St. to a point southwest of southwest corner of 0.19 acre parcel |
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(COQUINA BAY LOT 1 BLK 25); |
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Then generally north and west through channels of Coquina Bay, |
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Ports O'Call and Point Tesoro Developments as follows, |
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North approx. 365 ft. along channel, |
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North northwest approx. 3,790 ft. along channel, |
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West northwest approx. 2,573 ft. along channel to a point 243 |
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southwest of southeast corner of 10.05 acre parcel (POINT TESORO NO |
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5 LT 1 BLK 2 RESERVED AREA); |
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Then north northeast approx. 1,234 ft. along channel, continuing |
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across 10.05 acre parcel (POINT TESORO NO 5 LT 1 BLK 2 RESERVED |
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AREA), and ROW of Whitecap Blvd, across 9.67 acre parcel (POINT |
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TESORO NO 5 9.676 ACS OUT OF LT 2 BLK 2) to north boundary of said |
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9.67 acre parcel; |
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Then north northeast approx. 4,420 ft. along Point Tesoro Section |
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8, Unit 1-3, to a point 236 feet north of northwest corner of 0.27 |
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acre parcel (POINT TESORO NO 3 LT 15 & E/2 LT 16 BLK 17); |
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Then southeast approx. 946 ft. along channel of Point Tesoro |
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Development to a point 169 ft. northeast of north corner of 0.16 |
|
acre parcel (POINT TESORO #3 BLK 17 LOT 1); |
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Then east southeast approx. 852 ft. to west corner of COMMODORES |
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POINTE PUD 2 UNIT 3 LT 2 BLK 10; |
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Then southeast approx. 1,004 ft. along south boundary of COMMODORES |
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POINTE PUD 2 UNIT 3 LT 2 BLK 10 to west ROW of Aquarius Street; |
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Then north northeast approx. 2,062 ft. along west ROW of Aquarius |
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Street to north ROW of Dasmarinas Drive; |
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Then east southeast approx. 1,485 ft. along north and east ROW of |
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Dasmarinas Drive to northwest corner of 0.22 acre parcel (ISLAND |
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FAIRWAY ESTATES LT 1 BLK 29); |
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Then east approx. 126 ft. along north boundary of said 0.22 acre |
|
parcel to northeast corner of said parcel; |
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Then south approx. 689 ft. along east boundary of Island Fairway |
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Estates Lots 1-8 Blk 29 to north ROW of Crown Royal Rd; |
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Then southeast approx. 229 ft. along north ROW of Crown Royal Rd to |
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west boundary of 0.31 acre parcel (ISLAND FAIRWAY ESTATES LT 45 BLK |
|
30); |
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Then northeast approx. 894 ft. along west boundary of ISLAND |
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FAIRWAY ESTATES LT 36-45 BLK 30 to northeast corner of 0.31 acre |
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parcel (ISLAND FAIRWAY ESTATES LT 36 BLK 30); |
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Then generally south approx. 1,275 ft. along east boundary of |
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ISLAND FAIRWAY ESTATES LT 24-35 BLK 30 to east ROW of Crown Royal |
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Rd; |
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Then south approx. 59 ft. along east ROW of Crown Royal Rd to north |
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corner of 0.24 acre parcel (ISLAND FAIRWAY ESTATES LT 23 BLK 30); |
|
Then southwest approx. 1,120 ft. along east boundary of ISLAND |
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FAIRWAY ESTATES LT 14-23 BLK 30 to south corner of 0.41 acre parcel |
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(ISLAND FAIRWAY ESTATES LT 13 BLK 30); |
|
Then north approx. 1,123 ft. along west boundary of ISLAND FAIRWAY |
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ESTATES LT 1-13 BLK 30 to south ROW of Crown Royal Rd.; |
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Then north northwest approx. 293 ft. along south ROW of Crown Royal |
|
Rd to east corner of 0.27 acre parcel (ISLAND FAIRWAY ESTATES LT 1 |
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BLK 31); |
|
Then generally south approx. 5,508 ft. along east boundary of |
|
Island Fairway Estates and coincident west boundary of Padre Isles |
|
Country Club (ISLAND FAIRWAY ESTATES BLK 27-A 184.786 ACS) to north |
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ROW of Whitecap Blvd.; |
|
Then east approx. 965 ft. along north ROW of Whitecap Blvd. to |
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southeast corner Padre Isles Country Club (ISLAND FAIRWAY ESTATES |
|
BLK 27-A 184.786 ACS) and coincident west boundary of 6.5 acre |
|
parcel (Island Fairway Estates Lt 5 Blk 3); |
|
Then generally north and east approx. 3,109 ft. along east boundary |
|
of Padre Isles Country Club (ISLAND FAIRWAY ESTATES BLK 27-A |
|
184.786 ACS) and coincident west boundary of Island Fairway Estates |
|
(Blk 3 and Blk 46) to centerline of S. Padre Island Drive (Park Road |
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22); |
|
Then south approx. 2,495 ft. along centerline of S. Padre Island |
|
Drive (Park Road 22) to beginning point of 1,389 acre tract. |
|
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 |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
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(e) 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. |
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SECTION 4. This Act takes effect immediately if it receives |
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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 |
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Act takes effect September 1, 2013. |
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* * * * * |