HomeMy WebLinkAbout029719 RES - 01/22/2013RESOLUTION. No. - 91 1 9
A RESOLUTION DECLARING THE CITY OF CORPUS CHRISTI'S SUPPORT OF
AND CONSENT TO THE CREATION OF THE PADRE ISLES MUNICIPAL
MANAGEMENT DISTRICT
WHEREAS the CITY of CORPUS CHRISTI (the "City ") has received a request from
property owners in the PADRE ISLES PROPERTY OWNERS ASSOCIATION (the "POA ")
area that the City consent to the creation of a Municipal Management District (the "District") to;
allow the area to take steps to ready itself for future natural disasters by creating an entity that
can be used to pursue economic assistance from both the State and Federal governments,
as well as Private entities; and,'
WHEREAS the State of Texas and the United States Federal Emergency Management
Agency prefer to fund entities that are considered independent political subdivisions; and,
WHEREAS Municipal Management Districts are Independent Political Subdivisions of the
State of Texas; and
WHEREAS the proposed legislation to be filed in the Legislature of the State of Texas to
create the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT is consistent with all
applicable laws governing municipal management districts, including Chapter 375 of the
Texas Government Code, and the new Chapter of the Special District Local Laws Code;
and,
WHEREAS the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT is authorized to
supplement and not supplant city services provided within the boundaries of the district; and
WHEREAS the City and the POA have agreed to the following conditions and restrictions for
the proposed PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT:
1. The district's boundaries coincide with the boundaries of the POA;
2. The district is authorized to receive gifts, grants, and loans;
3. The district board has no authority to levy taxes or assessments;
4. District residents may petition the board of the district to levy
assessments to finance improvement projects, in accordance with
provisions in Chapter 375, Local Government Code;
5. Improvement projects are restricted to the reconstruction, preservation,
and maintenance of District -owned bulkheads within the boundaries of
the District;
6. The POA shall transfer ownership of the bulkheads and related
easements to the district making the bulkheads public facilities;
7. The POA and the district shall include a reversion clause in the event of
the dissolution of the district;
8. The district shall not duplicate existing City services within its boundaries
and should only complement those services.
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9. The City, under Section 375.207, Local Government Code, retains
authority to approve a bond issuance by the district;
10. The district shall under Section 375, Local Government Code, be
responsible for any damage to City -owned facilities or infrastructure
caused by a district improvement project;
11. The City retains authority by ordinance to dissolve the district;
12. If the district decides to dissolve, it cannot do so unless all of its bond
debts are repaid or defeased,
13. If the district defaults on its bond debt, the City is not responsible for the
district's assets, liabilities, or obligations, and
14. If the City dissolves the district, the district's bonds, debts, obligations and
liabilities and any property and assets, except as specified in the property
transfer and reversion agreement, are assumed by the City.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Council hereby declares its support of legislation creating the
PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT by the Legislature of the State of
Texas, a draft copy of which is attached to this resolution, subject to the limitations,
restrictions and conditions listed above.
Section 2. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been disclosed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
2013.
PASSED AND ADOPTED this twenty- second (22nd) day of January,
APPROVED this twenty- sec +nd (22nd) day of January, 2013.
Mayor of the CITY CORPUS CHRISTI
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
029719