2023 Texas Statutes › Special District Local Laws Code › Title 4 - Development and Improvement › Subtitle C - Development, Improvement, and Management › Chapter 3869 - Padre Island Gateway Municipal Management District › Subchapter C. Powers and Duties › Section 3869.102. Improvement Projects

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 888 (S.B. 2550), Sec. 1, eff. June 19, 2009.