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  S.B. No. 2550
 
 
 
 
AN ACT
  relating to the creation of the Padre Island Gateway Municipal
  Management District; providing authority to impose a tax and issue
  bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3869 to read as follows:
  CHAPTER 3869. PADRE ISLAND GATEWAY MUNICIPAL MANAGEMENT DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3869.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Corpus Christi.
               (3)  "District" means the Padre Island Gateway
  Municipal Management District.
               (4)  "Improvement project" means any program or project
  authorized by Sections 3869.102 and 3869.160 inside or outside the
  district.
         Sec. 3869.002.  NATURE OF DISTRICT. The district is a
  special district created under Section 59, Article XVI, Texas
  Constitution.
         Sec. 3869.003.  PURPOSE; LEGISLATIVE FINDINGS. (a)  The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city and
  other political subdivisions to contract with the district, the
  legislature has established a program to accomplish the public
  purposes set out in Section 52-a, Article III, Texas Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, and protect the environment and the other natural
  resources of this state, and to encourage and maintain employment,
  commerce, transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  The district is created to supplement and not to
  supplant services provided by the city in the district. This
  chapter and the creation of the district may not be interpreted to
  relieve the city from providing the level of services provided as of
  the effective date of the Act creating this chapter to the area in
  the district.
         Sec. 3869.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of this
  state;
               (2)  eliminating unemployment and underemployment;
               (3)  providing quality residential housing;
               (4)  developing or expanding transportation and
  commerce; and
               (5)  improving and enhancing the environment in and
  around the district and in the city.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a residential community and business
  center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways throughout the district,
  including beaches; and
               (4)  landscape and develop areas in the district that
  are necessary for the restoration, preservation, and enhancement of
  scenic beauty and enhancing and improving the environment as an
  essential natural resource of this state.
         (e)  Pedestrian ways along or across a street or a beach,
  whether at grade or above or below the surface, and street lighting,
  street landscaping, vehicle parking, and street art objects are
  parts of and necessary components of a street and a beach and are
  considered to be an improvement project that includes a street,
  road, or beach improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3869.005.  DISTRICT TERRITORY. (a)  The district is
  composed of the territory described by Section 2 of the Act creating
  this chapter, as that territory may have been modified under
  Section 3869.107 or other law.
         (b)  A mistake in the field notes of the district contained
  in Section 2 of the Act creating this chapter or in copying the
  field notes in the legislative process does not in any way affect:
               (1)  the district's organization, existence, or
  validity;
               (2)  the district's right to contract, including the
  right to issue any type of bond or other obligation for a purpose
  for which the district is created;
               (3)  the district's right to impose or collect an
  assessment, tax, or any other revenue; or
               (4)  the legality or operation of the board.
         Sec. 3869.006.  ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
  (a)  All or any part of the area of the district is eligible to be
  included in:
               (1)  a tax increment reinvestment zone created by the
  city under Chapter 311, Tax Code;
               (2)  a tax abatement reinvestment zone created by the
  city under Chapter 312, Tax Code; or
               (3)  an enterprise zone created by the city under
  Chapter 2303, Government Code.
         (b)  If the city creates a tax increment reinvestment zone
  described by Subsection (a), the district may accept and use money
  deposited in the tax increment fund, in accordance with a contract
  between the city and the district, for a purpose Section
  380.002(b), Local Government Code, authorizes for a corporation.
  The district may pledge the money granted as security for bonds
  issued by the district for an improvement project.
         Sec. 3869.007.  CONSTRUCTION OF "AD VALOREM TAX." In this
  chapter, a reference in law to an ad valorem tax refers to an ad
  valorem tax imposed by the district and not an ad valorem tax
  imposed by the city.
         Sec. 3869.008.  LIABILITY RESULTING FROM DISTRICT ACTION.
  An action of the district or the board does not create a liability
  against the city or any other political subdivision.
  [Sections 3869.009-3869.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3869.051.  GOVERNING BODY; TERMS. The district is
  governed by a board of five voting directors appointed under
  Section 3869.052 and three nonvoting directors serving ex officio
  as provided by Section 3869.054. The five voting directors serve
  staggered terms of four years.
         Sec. 3869.052.  APPOINTED DIRECTORS. The governing body of
  the city shall appoint the voting directors and shall appoint a
  director to fill each vacancy that occurs on the board, with the
  appointee to serve for the unexpired term of the former director.
         Sec. 3869.053.  ELIGIBILITY OF APPOINTED DIRECTORS. (a)  To
  be qualified to serve as a voting director appointed under Section
  3869.052, a person must be at least 18 years old and:
               (1)  a resident of the district who is also a registered
  voter of the district;
               (2)  an owner of property in the district;
               (3)  an owner of stock, whether beneficial or
  otherwise, of a corporate owner of property in the district;
               (4)  an owner of a beneficial interest in a trust that
  owns property in the district; or
               (5)  an agent, employee, or tenant of a person
  described by Subdivision (2), (3), or (4).
         (b)  Section 49.052, Water Code, does not apply to the
  district.
         Sec. 3869.054.  EX OFFICIO DIRECTORS. (a)  The following
  persons serve ex officio as nonvoting directors:
               (1)  an assistant city manager of the city appointed by
  the city manager of the city;
               (2)  the chief financial officer of the city; and
               (3)  the economic development director of the city.
         (b)  If an office described in Subsection (a) is renamed,
  changed, or abolished, the governing body of the city may appoint
  another officer or employee of the city who performs duties
  comparable to those performed by the officer described by
  Subsection (a).
         Sec. 3869.055.  FILING OATH OR AFFIRMATION. An initial and
  an appointed director's oath or affirmation of office shall be
  filed with the district and the district shall retain the oath or
  affirmation in the district records.
         Sec. 3869.056.  OFFICERS. The board shall elect from among
  the initial and appointed directors a presiding officer, an
  assistant presiding officer, and a secretary.
         Sec. 3869.057.  COMPENSATION; EXPENSES; LIABILITY INSURANCE
  FOR DIRECTORS. (a)  The district may compensate each initial and
  each appointed voting director in an amount not to exceed $50 for
  each board meeting. The total amount of compensation per appointed
  director per year may not exceed $2,000. The district may not
  compensate a director serving ex officio.
         (b)  An initial or appointed voting director is entitled to
  reimbursement for necessary and reasonable expenses incurred in
  carrying out the duties and responsibilities of a director. A
  director serving ex officio is not entitled to reimbursement.
         (c)  The district may obtain and pay for comprehensive
  general liability insurance coverage from commercial insurance
  companies or other sources that protect and insure the directors
  against personal liability and from any and all claims for actions
  taken as directors or actions and activities taken by the district
  or by others acting on its behalf.
         Sec. 3869.058.  CONFLICTS OF INTEREST. (a)  An initial or
  appointed director may participate in a board discussion or vote
  only if the director complies with Subsection (b).
         (b)  A director who has a substantial interest in a business
  or charitable entity that will receive a pecuniary benefit from a
  board action shall file an affidavit with the board secretary
  declaring the interest. Another affidavit is not required if the
  director's interest changes.
         (c)  After the affidavit is filed, the director may
  participate in a discussion or vote if:
               (1)  a majority of the appointed directors have a
  similar interest in the same entity;
               (2)  all other similar businesses or charitable
  entities in the district will receive a similar pecuniary benefit;
  or
               (3)  the appointed director is a property owner in the
  district.
         (d)  Section 171.004, Local Government Code, does not apply
  to the district.
         Sec. 3869.059.  INITIAL DIRECTORS. (a)  The initial board
  consists of the three ex officio directors described by Section
  3869.054 and the following five voting directors:
               Place No. Name of Initial Director
               Place 1 Stacy Costello
               Place 2 Toni Duclottni
               Place 3 Mark Patterson
               Place 4 Kevin Mutschler
               Place 5 Ronald Batts
         (b)  The terms of the initial directors of Places 1 and 2
  expire on July 1, 2011, and the terms of the initial directors of
  Places 3, 4, and 5 expire on July 1, 2013.
         (c)  Subsequent voting directors are appointed for four-year
  terms by the governing body of the city under Section 3869.052.
         (d)  This section expires September 1, 2013.
  [Sections 3869.060-3869.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3869.101.  GENERAL POWERS AND DUTIES. The district has
  the duties imposed and the powers granted by this chapter and the
  powers provided by:
               (1)  the general laws relating to conservation and
  reclamation districts created under Section 59, Article XVI, Texas
  Constitution, including Chapters 49 and 54, Water Code;
               (2)  the general laws relating to road districts and
  road utility districts created under Section 52, Article III, Texas
  Constitution;
               (3)  Subchapter A, Chapter 372, Local Government Code,
  to a municipality or county;
               (4)  Chapter 375, Local Government Code;
               (5)  Chapter 505, Local Government Code, to a
  corporation created under that chapter; and
               (6)  Chapter 1371, Government Code, to an issuer, as
  defined by that chapter.
         Sec. 3869.102.  IMPROVEMENT PROJECTS. (a)  To the extent
  authorized by a project development agreement entered into under
  Section 3869.160, the district may provide, or enter into contracts
  with a governmental or private entity to provide, the following
  types of improvement projects or activities in support of or
  incidental to those projects:
               (1)  a supply and distribution facility or system to
  provide potable and nonpotable water to the residents and
  businesses of the district, including a wastewater collection
  facility;
               (2)  a paved, macadamized, or graveled road or street,
  inside and outside the district, to the full extent authorized by
  Section 52, Article III, Texas Constitution;
               (3)  the planning, design, construction, improvement,
  and maintenance of:
                     (A)  landscaping;
                     (B)  highway right-of-way or transit corridor
  beautification and improvement;
                     (C)  lighting, banners, and signs;
                     (D)  a street or sidewalk;
                     (E)  a hiking and cycling path or trail;
                     (F)  a pedestrian walkway, skywalk, crosswalk, or
  tunnel;
                     (G)  a beach, park, lake, garden, recreational
  facility, community activities center, dock, wharf, sports
  facility, open space, scenic area, or related exhibit or preserve;
                     (H)  a fountain, plaza, or pedestrian mall; or
                     (I)  a drainage or storm water detention
  improvement;
               (4)  protection and improvement of the quality of storm
  water that flows through the district;
               (5)  the planning, design, construction, improvement,
  maintenance, and operation of an off-street parking facility or
  heliport;
               (6)  the planning, design, construction, improvement,
  maintenance, and operation of a water or sewer facility;
               (7)  the planning and acquisition of:
                     (A)  public art and sculpture and related exhibits
  and facilities; or
                     (B)  an educational facility and a cultural
  exhibit or facility;
               (8)  the planning, design, construction, acquisition,
  lease, rental, improvement, maintenance, installation, and
  management of and provision of furnishings for a facility for:
                     (A)  a conference, convention, or exhibition;
                     (B)  a manufacturer, consumer, or trade show;
                     (C)  a civic, community, or institutional event;
  or
                     (D)  an exhibit, display, attraction, special
  event, or seasonal or cultural celebration or holiday;
               (9)  the removal, razing, demolition, or clearing of
  land or improvements in connection with an improvement project;
               (10)  the acquisition and improvement of land or other
  property for the mitigation of the environmental effects of an
  improvement project;
               (11)  the acquisition of property or an interest in
  property in connection with an authorized improvement project,
  including any project authorized by Subchapter A, Chapter 372,
  Local Government Code;
               (12)  a special or supplemental service for the
  improvement and promotion of the district or an area adjacent to the
  district or for the protection of public health and safety or the
  environment in or adjacent to the district, including:
                     (A)  advertising;
                     (B)  promotion;
                     (C)  tourism;
                     (D)  health and sanitation;
                     (E)  public safety;
                     (F)  security;
                     (G)  fire protection or emergency medical
  services;
                     (H)  business recruitment;
                     (I)  development;
                     (J)  the reduction of automobile traffic volume
  and congestion, including the provision, construction, and
  operation of light rail or streetcar systems and services; and
                     (K)  recreational, educational, or cultural
  improvements, enhancements, and services; or
               (13)  any similar public improvement, facility, or
  service.
         (b)  The district may not undertake a project under this
  section unless:
               (1)  the board determines the project to be necessary
  to accomplish a public purpose of the district; and
               (2)  the project is authorized by a project development
  agreement entered into under Section 3869.160.
         (c)  An improvement project must comply with any applicable
  codes and ordinances of the city.
         (d)  The district may not provide, conduct, or authorize any
  improvement project on streets, highways, rights-of-way, or
  easements of the city without the consent of the governing body of
  the city.
         (e)  The district shall transfer to the city title to all or
  any portion of an improvement project as provided by a project
  development agreement entered into under Section 3869.160.
         (f)  If authorized by the city, the district may own,
  encumber, maintain, and operate an improvement project, subject to
  the right of the city to order a conveyance of the project to the
  city on a date determined by the city.
         (g)  The district shall immediately comply with an
  ordinance, order, or resolution the city adopts to require the
  district to transfer title to an improvement project to the city.
         (h)  For the purposes of this section, planning, design,
  construction, improvement, and maintenance of a body of water
  includes work done for drainage, reclamation, or recreation.
         Sec. 3869.103.  GENERAL POWERS REGARDING CONTRACTS.
  (a)  The district may:
               (1)  contract with any person to accomplish any
  district purpose included in a project development agreement
  entered into under Section 3869.160, including a contract for:
                     (A)  the payment, repayment, or reimbursement of
  costs incurred by that person on behalf of the district, including
  all or part of the costs of an improvement project and interest on
  the reimbursed cost; or
                     (B)  the use, occupancy, lease, rental,
  operation, maintenance, or management of all or part of a proposed
  or existing improvement project; and
               (2)  apply for and contract with any person to receive,
  administer, and perform a duty or obligation of the district under a
  federal, state, local, or private gift, grant, loan, conveyance,
  transfer, bequest, or other financial assistance arrangement
  relating to the investigation, planning, analysis, study, design,
  acquisition, construction, improvement, completion,
  implementation, or operation by the district or others of a
  proposed or existing improvement project.
         (b)  A contract the district enters into to carry out a
  purpose of this chapter may be on any terms and for any period the
  board determines, including a negotiable or nonnegotiable note or
  warrant payable to the city, Nueces County, or any other person.
         (c)  Any person, including the city, may contract with the
  district to carry out the purposes of this chapter without further
  statutory or other authorization.
         Sec. 3869.104.  RULES; ENFORCEMENT. (a)  The district may
  adopt rules:
               (1)  to administer or operate the district;
               (2)  for the use, enjoyment, availability, protection,
  security, and maintenance of the district's property and
  facilities; or
               (3)  to provide for public safety and security in the
  district, including the regulation or prohibition of automobiles
  and other motor vehicles from using, entering, or traveling in
  certain limited access areas in the district, except for safety and
  emergency purposes.
         (b)  The district may enforce its rules by injunctive relief.
         (c)  To the extent a district rule conflicts with a rule,
  order, ordinance, or regulation of the city, the rule, order,
  ordinance, or regulation controls.
         Sec. 3869.105.  NAME CHANGE. The board by resolution may
  change the district's name. The board shall give written notice of
  the change to the city.
         Sec. 3869.106.  USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OF
  DISTRICT. (a)  The board by rule may regulate the private use of a
  public roadway, open space, park, sidewalk, or similar public area
  in the district. To the extent the district rules conflict with a
  rule, order, ordinance, or regulation of the city, the rule, order,
  ordinance, or regulation of the city controls. A rule may provide
  for the safe and orderly use of public roadways, open spaces, parks,
  sidewalks, and similar public areas or facilities.
         (b)  In addition to any permit required by the city, the
  board may require a permit for a parade, demonstration,
  celebration, entertainment event, or similar nongovernmental
  activity in or on a public roadway, open space, park, sidewalk,
  beach, or similar public area or facility owned by the district.
  The board may charge a fee for the permit application or for public
  safety or security services for those facilities in an amount the
  board considers necessary.
         (c)  In addition to any permit required by the city, the
  board may require a permit or franchise agreement with a vendor,
  concessionaire, exhibitor, or similar private or commercial person
  or organization for the limited use of the area or facility owned by
  the district on terms and on payment of a permit or franchise fee
  the board may impose.
         Sec. 3869.107.  ADDING OR REMOVING TERRITORY. As provided
  by Subchapter J, Chapter 49, Water Code, the board may add territory
  to the district, subject to Section 54.016, Water Code, or remove
  territory from the district, except that:
               (1)  the addition or removal of the territory must be:
                     (A)  included in an amended project development
  agreement entered into under Section 3869.160;
                     (B)  approved by the governing body of the city;
  and
                     (C)  approved by the owners of the territory being
  added or removed;
               (2)  a reference to a tax in Subchapter J, Chapter 49,
  or Section 54.016, Water Code, means an ad valorem tax; and
               (3)  territory may not be removed from the district if
  bonds or other obligations of the district payable wholly or partly
  from ad valorem taxes or assessments levied or assessed on the
  territory are outstanding.
         Sec. 3869.108.  ECONOMIC DEVELOPMENT. (a)  The district may
  create an economic development program authorized by Section 52-a,
  Article III, Texas Constitution, and may impose an ad valorem tax in
  support of the program if the tax is approved by the district's
  voters.
         (b)  The district may exercise the economic development
  powers that:
               (1)  Chapter 380, Local Government Code, provides to a
  municipality with a population of more than 100,000; and
               (2)  Chapter 1509, Government Code, provides to a
  municipality.
         Sec. 3869.109.  TERMS OF EMPLOYMENT; COMPENSATION. The
  board may employ and establish the terms of employment and
  compensation of an executive director or general manager and any
  other district employees the board considers necessary.
         Sec. 3869.110.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  [Sections 3869.111-3869.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 3869.151.  GENERAL POWERS REGARDING FINANCIAL MATTERS.
  Except as provided by Section 3869.160, and subject to a project
  development agreement entered into under Section 3869.160, the
  district may:
               (1)  impose an ad valorem tax on all taxable property in
  the district, including industrial, commercial, and residential
  property, to pay for an improvement project of a type authorized by
  Section 52, Article III, or Section 59, Article XVI, Texas
  Constitution, or to secure payment of bonds issued to pay for those
  projects;
               (2)  impose an assessment on property in the district
  to pay the cost of maintenance of any authorized district
  improvement in the manner provided for:
                     (A)  a district under Subchapters A, E, and F,
  Chapter 375, Local Government Code; or
                     (B)  a municipality or county under Subchapter A,
  Chapter 372, Local Government Code;
               (3)  provide or secure the payment or repayment of any
  bond, note, other temporary or permanent obligation,
  reimbursement, or other contract with any person; or
               (4)  provide or secure the payment or repayment of the
  costs and expenses of the establishment, administration, and
  operation of the district and the district's costs or share of the
  costs or revenue of an improvement project or district contractual
  obligation or indebtedness by or through:
                     (A)  the imposition of an ad valorem tax, or an
  assessment, user fee, concession fee, or rental charge; or
                     (B)  any other revenue or resources of the
  district, or other revenues authorized by the city, including
  revenues from a tax increment reinvestment zone created by the
  city;
               (5)  establish user charges related to the operation of
  storm water facilities, including the regulation of storm water for
  the protection of water quality in the district;
               (6)  establish user charges for the use of nonpotable
  water for irrigation purposes, subject to the approval of the
  governing body of the city;
               (7)  undertake separately or jointly with other
  persons, including the city or Nueces County, all or part of the
  cost of an improvement project, including an improvement project:
                     (A)  for improving, enhancing, and supporting
  public safety and security, fire protection and emergency medical
  services, and law enforcement in and adjacent to the district; or
                     (B)  that confers a general benefit on the entire
  district or a special benefit on a definable part of the district;
  and
               (8)  enter into a tax abatement agreement in accordance
  with the general laws of this state authorizing and applicable to
  tax abatement agreements by municipalities.
         Sec. 3869.152.  BORROWING MONEY. The district may borrow
  money for a district purpose included in a project development
  agreement entered into under Section 3869.160 by issuing or
  executing bonds, notes, credit agreements, or other obligations of
  any kind found by the board to be necessary or appropriate for the
  district purpose. The bond, note, credit agreement, or other
  obligation must be secured by and payable from ad valorem taxes,
  assessments, or any combination thereof or from other district
  revenue.
         Sec. 3869.153.  IMPACT FEES AND ASSESSMENTS; EXEMPTION.
  (a)  The district may impose an impact fee or assessment included
  in a project development agreement entered into under Section
  3869.160 on property in the district, including an impact fee or
  assessment on residential or commercial property, only in the
  manner provided by Subchapter A, Chapter 372, or by Subchapter F,
  Chapter 375, Local Government Code, for a municipality, county, or
  district, according to the benefit received by the property.
         (b)  An impact fee for residential property must be for the
  limited purpose of providing capital funding for:
               (1)  public water and wastewater facilities;
               (2)  drainage and storm water facilities; and
               (3)  streets and alleys.
         (c)  An assessment, a reassessment, or an assessment
  resulting from an addition to or correction of the assessment roll
  by the district, penalties and interest on an assessment or
  reassessment, an expense of collection, and reasonable attorney's
  fees incurred by the district are:
               (1)  a first and prior lien against the property
  assessed; and
               (2)  superior to any other lien or claim other than a
  lien or claim for county, school district, or municipal ad valorem
  taxes.
         (d)  The lien of an assessment against property runs with the
  land. That portion of an assessment payment obligation that has not
  yet come due is not eliminated by the foreclosure of an ad valorem
  tax lien, and any purchaser of property in a foreclosure of an ad
  valorem tax lien takes the property subject to the assessment
  payment obligations that have not yet come due and to the lien and
  terms of payment under the assessment ordinance or order.
         (e)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         (f)  The district may not impose an impact fee on the
  property, including equipment and facilities, of a public utility
  provider in the district.
         Sec. 3869.154.  CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
  Section 375.161, Local Government Code, does not apply to the
  district.
         Sec. 3869.155.  MAINTENANCE AND OPERATION TAX; ELECTION.
  (a)  To the extent authorized by a project development agreement
  entered into under Section 3869.160, the district may impose a tax
  for maintenance and operation purposes, including for:
               (1)  planning, constructing, acquiring, maintaining,
  repairing, and operating all improvement projects, including land,
  plants, works, facilities, improvements, appliances, and equipment
  of the district; and
               (2)  paying costs of services, engineering and legal
  fees, and organization and administrative expenses.
         (b)  The district may not impose a maintenance and operation
  tax unless the maintenance and operation tax is approved by a
  majority of the district voters voting at an election held for that
  purpose. The proposition in a maintenance and operation tax
  election may be for a specific maximum rate or for an unlimited
  rate. If a maximum tax rate is approved, the board may impose the
  tax at any rate that does not exceed the approved rate.
         (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. 3869.156.  USE OF SURPLUS MAINTENANCE AND OPERATION
  MONEY. If the district has surplus 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. 3869.157.  BONDS AND OTHER OBLIGATIONS; MUNICIPAL
  APPROVAL. (a)  Except as provided by Sections 3869.159 and
  3869.160, the district may issue by competitive bid or negotiated
  sale bonds, notes, or other obligations payable wholly or partly
  from ad valorem taxes, or by assessments in the manner provided by
  Subchapter A, Chapter 372, or by 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
  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 revenues or from any other
  source, to the extent authorized by a project development agreement
  entered into under Section 3869.160.
         Sec. 3869.158.  BOND MATURITY. Bonds may mature not more
  than 40 years from their date of issue.
         Sec. 3869.159.  TAXES FOR BONDS AND OTHER OBLIGATIONS.
  (a)  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, without limit as to rate or amount, 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;
                     (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; and
                     (C)  pay the expenses of imposing the taxes.
         (b)  Bonds or other obligations that are secured by and
  payable from ad valorem taxes may not be issued unless the bonds and
  the imposition of the taxes are approved by a majority of the
  district voters voting at an election held for that purpose.
         (c)  The district shall hold an election required by this
  section in the manner provided by Chapter 54, Water Code.
         Sec. 3869.160.  PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
  UNDERTAKE PROJECTS, IMPOSE TAXES, OR BORROW MONEY, INCLUDING BONDS.
  (a)  Before the district may undertake projects, issue bonds,
  impose taxes, or borrow money, the district and the city must
  negotiate and execute a mutually approved and accepted project
  development agreement regarding the development plans and rules
  for:
               (1)  the development and operation of the district; and
               (2)  the financing of improvement projects.
         (b)  The agreement must:
               (1)  describe each project the district intends to
  undertake;
               (2)  include a financing plan specifying how each
  project will be financed; and
               (3)  provide a procedure and rules for amending the
  agreement.
  [Sections 3869.161-3869.200 reserved for expansion]
  SUBCHAPTER E. DISSOLUTION
         Sec. 3869.201.  DISSOLUTION BY ORDINANCE. (a)  The city by
  ordinance may dissolve the district on its own volition or at the
  request of the board.
         (b)  The city may not dissolve a district until that
  district's outstanding indebtedness or contractual obligations
  that are payable from ad valorem taxes have been repaid or
  discharged.
         (c)  The city may not dissolve a district until the agreement
  under Section 3869.160 has been executed and the district's
  performance under the agreement has been fulfilled, including any
  right or obligation the district has to reimburse a developer or
  owner for the costs of improvement projects.
         Sec. 3869.202.  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 has and shall 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. 3869.203.  ASSUMPTION OF ASSETS AND LIABILITIES. After
  the city dissolves the district, the city assumes, subject to the
  appropriation and availability of funds, the obligations of the
  district, including any bonds or other revenue.
         SECTION 2.  The Padre Island Gateway Municipal Management
  District shall include the 45.856 acre tract of land out of Blocks 1
  and 2, Padre Island - Corpus Christi Section 18, a map of which is
  recorded in Volume 38, Pages 69 and 70, Map Records of Nueces
  County, Texas; said 45.586 acre tract being more fully described by
  metes and bounds as follows:
         Beginning at a corner of Padre Island Nueces County Park No.
  2, for the northwest corner of Lot I, Block 4, Padre Island Section
  18, a map of which is recorded in Volume 57, Page 105, Map Records of
  Nueces County, Texas, same being the southeast corner of this
  tract, from which corner the north boundary of South Padre Island
  Drive, a public roadway, for the southwest corner of said Lot 1
  bears South 39°12'40" West 399.98 feet;
         Thence, along the south boundary of this tract as follows:
         North 39°12'40" East 50.62 feet;
         North 59°01'18" West 58.15 feet;
         North 24°49'46" West, 65.47 feet;
         North 39°28'15" West, 52.76 feet;
         North 82°20'42" West, 55.35 feet;
         North 67°56'24" West, 39.39 feet;
         North 31°45'02" West, 111.21 feet;
         South 83°02'11" West, 42.36 feet;
         North 69°08'53" West, 50.34 feet;
         North 32°59'21" East, 44.81 feet;
         North 34°17' 14" East, 32.65 feet;
         South 81°37'02" West, 33.57 feet;
         South 38°22'00" West, 35.15 feet;
         North 81°42'50" West, 20.77 feet;
         South 55°30'57" West, 90.72 feet;
         South 87°48'14" West, 33.48 feet;
         South 13'11"52" West, 24.55 feet;
         North 59°56'59" West, 8.13 feet;
         North 00°41'45" East, 40.61 feet;
         North 01°44'23" West, 145.17 feet;
         North 12°01'38" West, 16.72 feet;
         South 86°32'51" West, 156.63 feet;
         South 05°46'00" East, 11.04 feet;
         South 22°36'18" West, 94.42 feet;
         South 32°35'45" West, 119.26 feet;
         South 61°02'05" West, 62.66 feet;
         South 16°12'44" West, 22.95 feet;
         South 28°34'51" West, 30.73 feet;
         South 44°06'14" West, 22.87 feet;
         North 73°02'08" West, 9.22 feet;
         North 04°10'31" West, 24.32 feet;
         North 27°14'31" East, 21.05 feet;
         North 22°53'30" East, 7.43 feet;
         North 88°59'13" West, 51.70 feet;
         North 79°32'56" West, 88.00 feet;
         North 58°19'46" West, 75.33 feet;
         North 71°16' 35" West, 43.42 feet for the southwest corner of
  this tract;
         Thence, along the west boundary of this tract, same being the
  southerly shoreline of Packery channel as accepted by Texas General
  Land Office per letter dated April 30, 1998, as follows:
         North 55°13'55" East, 28.37 feet;
         South 65°51'29" East, 41.25 feet;
         South 64°19'51" East, 64.68 feet;
         North 55°13'55" East, 340.15 feet;
         North 31°53' 53" East, 30.54 feet;
         North 44°56'59" East, 29.80 feet;
         North 51°27'13" East, 36.11 feet;
         North 65°50'19" East, 55.92 feet;
         North 55°35'00" East, 42.51 feet;
         North 33°31'45" East, 51.92 feet;
         North 38°31'45" East, 17.85 feet;
         North 20°25'53" East, 102.95 feet;
         North 81°59'03" East, 65.59 feet;
         North 72°34'53" East, 67.69 feet;
         North 71°49'28" East, 59.60 feet;
         North 01°51'03" East, 48.09 feet;
         North 17°45'00" East, 64.91 feet;
         North 78°04'21" West, 66.41 feet;
         South 87°15'19" West, 100.76 feet;
         South 49°35'03" West, 65.86 feet;
         South 49°10'34" West, 38.32 feet;
         North 00°43'54" East, 49.68 feet;
         North 37°24'35" East, 144.97 feet;
         North 37°46'47" East, 112.88 feet;
         North 20°05'37" East, 76.29 feet;
         North 32°42'34" East, 310.32 feet;
         North 40°30'15" East, 113.40 feet;
         North 44~0'29" East, 95.30 feet for the northwest corner of
  this tract;
         Thence, along the north boundary of this tract as follows:
         North 72°59'05" East, 96.30 feet;
         South 88°10'08" East, 103.26 feet;
         North 89°03'23" East, 166.00 feet;
         South 84°18'24" East, 125.72 feet;
         South 69°40'03" East, 110.24 feet;
         South 71°56'18" East, 51.70 feet;
         South 53°05'14" East, 121.61 feet;
         South 27°54'36" East, 77.28 feet;
         South 60°35'14" East, 107.60 feet;
         South 49°53'53" East, 57.14 feet;
         South 37°33'52" East, 126.22 feet;
         South 37°53'45" East, 108.63 feet;
         South 20°07'15" East, 69.56 feet;
         North 80°07'23" East, 38.18 feet;
         South 55°27'21" East, 94.45 feet;
         South 51°43'16" East, 112.40 feet;
         South 09°00'57" West, 65.74 feet;
         South 37°39'14" East, 146.26 feet;
         South 45°43'19" East, 131.51 feet;
         South 41°40'27" East, 76.82 feet for the northeast corner of
  this tract;
         Thence, South 68°11' 13" West, along the east boundary of said
  Block 2 and of this tract, same being the west boundary of said
  Padre Island Nueces County Park No. 2, a distance of 1592.69 feet to
  the Point of Beginning and containing 45.856 acres of land
         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, the
  lieutenant governor, and the 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 are 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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2550 passed the Senate on
  May 14, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2550 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor