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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3942 to
read as follows:
CHAPTER 3942. INGLESIDE
IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3942.001.
DEFINITIONS.
Sec. 3942.002. NATURE OF
DISTRICT.
Sec. 3942.003. PURPOSE;
DECLARATION OF INTENT.
(a)
(b) The creation of the
district is necessary to promote, develop, encourage, and maintain
employment, commerce, transportation, housing, tourism, recreation, the
arts, entertainment, economic development, safety, and the public welfare
in the district.
(c)
Sec. 3942.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
(a)
(b)
(c)
(d) The district will:
(1) promote the health,
safety, and general welfare of residents, employers, potential employees,
employees, visitors, and consumers in the district, and of the public;
(2) provide needed
funding for the district to preserve, maintain, and enhance the economic
health and vitality of the district territory as a community and business
center;
(3) promote the health,
safety, welfare, and enjoyment of the public by providing pedestrian ways
and by landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of scenic
beauty;
(4) provide road, rail, and recreational facilities for
the district;
(5) provide for water
facilities, wastewater facilities, drainage facilities, canals, waterways,
bulkheads, docks, levees, and other similar improvements or facilities for
the district; and
(6) construct, operate,
maintain, and improve navigable waterways, including the dredging of
waterways, reclamation of land, and disposal of dredge materials.
(e)
(f)
(g) Rail facilities and improvements are:
(1) necessary and convenient for the use and implementation of the
district's navigation facilities and improvements;
(2) necessary components of navigation facilities and
improvements;
(3) considered to be navigation facilities and improvements;
and
(4) necessary and convenient for the development and expansion
of transportation in this state.
(h)
Sec. 3942.005. INITIAL
DISTRICT TERRITORY.
Sec. 3942.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3942.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3942.008.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3942.051. GOVERNING
BODY; TERMS.
Sec. 3942.052. DIRECTOR
QUALIFICATIONS.
Sec. 3942.053.
APPOINTMENT OF VOTING DIRECTORS.
Sec. 3942.054. NONVOTING
DIRECTORS.
Sec. 3942.055. QUORUM.
Sec. 3942.056.
COMPENSATION.
Sec. 3942.057. INITIAL
VOTING DIRECTORS. (a)
(b)
(c)
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3942.101. GENERAL
POWERS AND DUTIES.
Sec. 3942.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3942.103.
DEVELOPMENT CORPORATION POWERS.
Sec. 3942.104. NONPROFIT
CORPORATION.
Sec. 3942.105.
AGREEMENTS; GRANTS.
Sec. 3942.106. LAW
ENFORCEMENT SERVICES.
Sec. 3942.107. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3942.108. ECONOMIC
DEVELOPMENT.
Sec. 3942.109. PARKING
FACILITIES.
Sec. 3942.110. ANNEXATION
OF LAND. The district may annex land as provided by Subchapter J, Chapter
49, Water Code.
Sec. 3942.111. NAVIGATION DISTRICT POWERS. (a) The district
has the powers provided by the general law of this state applicable to
navigation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 60 and 62, Water Code.
(b) The district may
purchase, construct, acquire, own, operate, maintain, improve, or extend,
inside and outside the district,
a canal, waterway, bulkhead, dock, or other improvement or facility
necessary or convenient to accomplish the navigation purposes of the
district.
Sec. 3942.112. RAIL FACILITIES. The district may construct,
acquire, improve, maintain, and operate rail facilities and improvements in
aid of those facilities.
Sec. 3942.113. AUTHORITY
FOR ROAD PROJECTS.
Sec. 3942.114. CONVEYANCE
AND APPROVAL OF ROAD PROJECT.
(a)
(b)
(c)
Sec. 3942.115. CONSENT OF
CITY REQUIRED.
Sec. 3942.116. LIMITATION
ON USE OF EMINENT DOMAIN. The district may not exercise the power of
eminent domain outside the district to acquire a site or easement for:
(1) a road project authorized by Section 3942.113; or
(2) a recreational
facility as defined by Section 49.462, Water Code.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3942.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3942.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3942.153. PETITION
REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.
Sec. 3942.154.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3942.201. ELECTIONS
REGARDING TAXES AND BONDS.
(a)
(b)
(c)
(d)
Sec. 3942.202. OPERATION
AND MAINTENANCE TAX.
(a)
(b)
(c)
Sec. 3942.203. CONTRACT
TAXES.
Sec. 3942.204. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a)
(b)
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645, Water
Code, does not apply to the district.
Sec. 3942.205. TAXES FOR
BONDS.
Sec. 3942.206. CITY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
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SECTION 1. Subtitle C, Title
4, Special District Local Laws Code, is amended by adding Chapter 3794 to
read as follows:
CHAPTER 3794. INGLESIDE
IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 3794.001.
DEFINITIONS.
Sec. 3794.002. NATURE OF
DISTRICT.
Sec. 3794.003. PURPOSE;
DECLARATION OF INTENT.
(a)
(b) The creation of the
district is necessary to promote, develop, encourage, and maintain
employment, commerce, transportation, housing, tourism, recreation, the
arts, entertainment, economic development, education,
safety, and the public welfare in the district.
(c)
Sec. 3794.004. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
(a)
(b)
(c)
(d) The district will:
(1) promote the health,
safety, and general welfare of residents, employers, potential employees,
employees, visitors, and consumers in the district and of the public;
(2) provide needed
funding for the district to preserve, maintain, and enhance the economic
health and vitality of the district territory as a community and business
center;
(3) promote the health,
safety, welfare, and enjoyment of the public by providing pedestrian ways
and by landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of scenic
beauty;
(4) provide road and
recreational facilities for the district;
(5) provide for water
facilities, wastewater facilities, drainage facilities, canals, waterways,
bulkheads, docks, levees, and other similar improvements or facilities for
the district;
(6) construct, operate,
maintain, and improve navigable waterways, including the dredging of
waterways, reclamation of land, and disposal of dredge materials; and
(7) provide land and infrastructure for educational facilities
in the district.
(e)
(f)
(g)
Sec. 3794.005. INITIAL
DISTRICT TERRITORY.
Sec. 3794.006.
ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
Sec. 3794.007.
APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW.
Sec. 3794.008.
CONSTRUCTION OF CHAPTER.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 3794.051. GOVERNING
BODY; TERMS.
Sec. 3794.052. DIRECTOR
QUALIFICATIONS.
Sec. 3794.053.
APPOINTMENT OF VOTING DIRECTORS.
Sec. 3794.054. NONVOTING
DIRECTORS.
Sec. 3794.055. QUORUM.
Sec. 3794.056.
COMPENSATION.
Sec. 3794.057. INITIAL
VOTING DIRECTORS. (a)
(b)
(c) Substantially the
same as introduced version.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 3794.101. GENERAL
POWERS AND DUTIES.
Sec. 3794.102.
IMPROVEMENT PROJECTS AND SERVICES.
Sec. 3794.103.
DEVELOPMENT CORPORATION POWERS.
Sec. 3794.104. NONPROFIT
CORPORATION.
Sec. 3794.105.
AGREEMENTS; GRANTS.
Sec. 3794.106. LAW
ENFORCEMENT SERVICES.
Sec. 3794.107. MEMBERSHIP
IN CHARITABLE ORGANIZATIONS.
Sec. 3794.108. ECONOMIC
DEVELOPMENT.
Sec. 3794.109. PARKING
FACILITIES.
Sec. 3794.110. ANNEXATION
OF LAND. (a) Subject to Subsection
(b), the district may annex land as provided by Subchapter J,
Chapter 49, Water Code.
(b) The district may not annex land in Nueces County or San
Patricio County unless the Port of Corpus Christi Authority by ordinance or
resolution consents to the annexation.
Sec. 3794.111. DISTRICT POWERS FOR CONSTRUCTING AND FINANCING
PORT FACILITIES. (a) The district may exercise the powers of a navigation
district provided by Sections 60.032 and 60.034 and Subchapters E, G, I, L,
M, and N, Chapter 60, Water Code, for the construction, maintenance, and
financing of port facilities in the district. For purposes of this section,
a reference to a commission in Chapter 60, Water Code, means the board.
(b) The district may
purchase, construct, acquire, own, operate, maintain, improve, or extend,
inside the district, a canal, waterway, bulkhead, dock, or other
improvement or facility necessary or convenient to accomplish the
navigation purposes of the district.
Sec. 3794.112. AUTHORITY
FOR ROAD PROJECTS.
Sec. 3794.113. CONVEYANCE
AND APPROVAL OF ROAD PROJECT.
(a) Substantially the
same as introduced version.
(b) Substantially the
same as introduced version.
(c)
Sec. 3794.114. CONSENT OF
CITY REQUIRED.
Sec. 3794.115. LIMITATION
ON USE OF EMINENT DOMAIN. The district may not exercise the power of
eminent domain outside the district boundaries
to acquire:
(1) a site for a water treatment plant, water storage facility,
wastewater treatment plant, or wastewater disposal plant;
(2) a site for a park, swimming pool, or other recreational
facility, as defined by Section 49.462, Water Code;
(3) an exclusive easement through a county regional park; or
(4) a site or easement for a road project.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3794.151.
DISBURSEMENTS AND TRANSFERS OF MONEY.
Sec. 3794.152. MONEY USED
FOR IMPROVEMENTS OR SERVICES.
Sec. 3794.153. PETITION
REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS.
Sec. 3794.154.
ASSESSMENTS; LIENS FOR ASSESSMENTS.
Sec. 3794.155. CERTAIN RESIDENTIAL PROPERTY EXEMPT. (a)
Section 375.161, Local Government Code, applies to the district.
(b) To the extent of any conflict or inconsistency, Section
375.161, Local Government Code, prevails over any provision of this
chapter.
SUBCHAPTER E. TAXES AND
BONDS
Sec. 3794.201. ELECTIONS
REGARDING TAXES AND BONDS.
(a) Substantially the
same as introduced version.
(b)
(c)
(d)
Sec. 3794.202. OPERATION
AND MAINTENANCE TAX.
(a) Substantially the
same as introduced version.
(b)
(c)
Sec. 3794.203. CONTRACT
TAXES.
Sec. 3794.204. AUTHORITY
TO BORROW MONEY AND TO ISSUE BONDS AND OTHER OBLIGATIONS. (a)
(b)
Sec. 3794.205. TAXES FOR
BONDS.
Sec. 3794.206. CITY NOT
REQUIRED TO PAY DISTRICT OBLIGATIONS.
SUBCHAPTER F. DISSOLUTION
Sec. 3794.251. DISSOLUTION BY BOARD. The board by order may
dissolve the district at any time unless the district has outstanding
indebtedness or contractual obligations.
Sec. 3794.252. DISSOLUTION BY PETITION AND ELECTION. (a) If
the district has no outstanding indebtedness or contractual liabilities,
the owners of a majority of the assessed value of property subject to
assessment by the district may petition the board to call an election on
the question of dissolving the district.
(b) On the board's receipt of a petition described by
Subsection (a), the board shall call an election on the question of
dissolving the district.
(c) If a majority of the voters of the district voting at an
election called under Subsection (b) vote to dissolve the district, the
board by order shall dissolve the district.
(d) After the date the district is dissolved, the district may
not impose taxes.
Sec. 3794.253. ADMINISTRATION OF DISTRICT PROPERTY FOLLOWING
DISSOLUTION. (a) After the date the board orders the dissolution of the district,
the board shall transfer ownership of all district property to the county,
except as provided by Subsection (b).
(b) If, on the date on which the board orders the dissolution,
more than 50 percent of the district territory is in a municipality, the
board shall transfer ownership of the district's property to the
municipality.
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