TX Spec Dist Code § 3886.103 (2021)
2021 Texas Statutes|Special District Local Laws Code|Title 4 - Development and Improvement|Subtitle C - Development, Improvement, and Management|Chapter 3886 - Prosper Management District No. 1|Subchapter C. Powers and Duties|Section 3886.103. Improvement Projects

Sec. 3886.103.  IMPROVEMENT PROJECTS.  (a)  Subject to Sections 3886.102(b) and (c), the district may provide, or it may enter into contracts with a governmental or private entity to provide, the following types of improvement projects located in the district or activities in support of or incidental to those projects:(1)  a supply and distribution facility or system to provide potable and town-approved nonpotable water to the residents and businesses of the district, including a wastewater collection facility;(2)  a paved road, street, or turnpike, inside and outside the district, to the 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 park, lake, garden, recreational facility, 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:(A)  a water or sewer facility; or(B)  an off-street parking facility or heliport;(6)  the planning and acquisition of:(A)  public art and sculpture and related exhibits and facilities; or(B)  an educational and cultural exhibit or facility;(7)  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;(8)  the removal, razing, demolition, or clearing of land or improvements in connection with improvement projects;(9)  the acquisition and improvement of land or other property for the mitigation of the environmental effects of an improvement project;(10)  the acquisition of property or an interest in property in connection with an authorized improvement project;(11)  a special or supplemental service for the improvement and promotion of the district or an area adjacent to the district or for the protection of public health and safety in or adjacent to the district, including:(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)  elimination of traffic congestion; and(K)  recreational, educational, or cultural improvements, enhancements, and services; or(12)  any similar public improvement, facility, or service.(b)  Subject to Section 3886.104, the district may not undertake an improvement project under this section unless the board determines the project to be necessary to accomplish a public purpose of the district.(c)  An improvement project must comply with any applicable town requirements, including codes and ordinances and any planned development ordinance applicable to land in the district.(d)  The district may not provide, conduct, or authorize an improvement project on the town streets, highways, rights-of-way, or easements without the consent of the governing body of the town.(e)  Subject to an agreement between the district and the town, the town may:(1)  by ordinance, order, or resolution require that title to all or any portion of an improvement project vest in the town; or(2)  by ordinance, order, resolution, or other directive, authorize the district to own, encumber, maintain, and operate an improvement project, subject to the right of the town to order a conveyance of the improvement project to the town on a date determined by the town, provided, however, that if an improvement project is conveyed to the town, the improvement project will continue to be used to serve land in the district.(f)  The district shall immediately comply with any town ordinance, order, or resolution adopted under Subsection (e).(g)  For the purposes of this section, planning, design, construction, improvement, and maintenance of a lake includes work done for drainage, reclamation, or recreation.|Added by Acts 2009, 81st Leg., R.S., Ch. 1077 (H.B. 4752), Sec. 1, eff. September 1, 2009.|