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Q: Will the public improvement district raise my taxes?
A: No. A public improvement district will not impose taxes on anyone's property. The public improvement district will assess property owners for the cost of the improvement made to their property. The assessments are made and received by the city solely for repayment of the cost of improvements. The assessments may not be used by the city for any other purpose.
A: Yes. After the improvements are completed, properties will become more valuable depending on the level of improvements made. The more extensive the improvement, the more valuable the property will become. The appraised value of the property (determined by the Cameron County Appraisal District, not the City) may increase depending on the improvements. However, the city's tax rates will not increase on your property because of the improvements.
Q: If west Bass and west Tarpon are seawalled, soon homes and boat docks will be built in the channels. Will these docks make the channels more difficult to navigate?
A: No. The city reviews plans for all proposed boat docks. The city's policy is to require that no more than 50% of the width of the channel be encumbered with structures such as docks. There should be at least 50 feet of navigable channel for a channel 100 feet in width. The city believes navigability of channels will be improved by the project.
Q: If property owners on west Bass and west Tarpon have been paying City ad valorem taxes for all these years, why shouldn't the City pay for paving these streets by taxing the entire community?
A: Cities don't do this. As a general rule, the developer who proposes a subdivision pays for the streets and utility infrastructure and, thereafter, dedicates them to the City. In Port Isabel, there were many unpaved streets prior to 1964. In 1964 the City passed a series of ordinances (Numbers 252, 253, 254, 255, 256, and 261) which mandated the paving of most streets and which assessed all benefited property owners on a per-front-foot basis for the cost of paving. Island Avenue, Trout, and east Tarpon, Pompano and Bass were included in the project. The city does not have a record of why the west side of Island Avenue was not included in the project, but most probably the owners did not want the paving at the time. Ordinance No. 261, passed August 11, 1964, assessed each property owner for the paving costs. The assessment required 5 annual payments of an owner's pro-rata share of the cost with interest at the rate of 6% per annum. Matured unpaid amounts accrued interest at the rate of 8% per annum.
Q: If the channels in the Fingers area are "public streets," why doesn't the City pay for dredging them?
A: The research is not concluded, but it appears that the channels were specifically not dedicated to public use when the various subdivision plats were dedicated. (See the 1952 dedication of west Bass.) However, even if the channels were "public streets," their improvements as contemplated by this project will confer a special and direct benefit only on the adjacent properties, not on the general population of the City.
Q: Will the City participate in the paying for the cost of the improvements?
A: Yes. Although the City is not required by law to participate in the sharing of cost, it is anticipated that the City will participate. Those areas within the proposed district which abut City-owned property and which are seawalled will probably be included in the total front-foot cost to be assessed for seawall and dredging. The City will probably also pay for all of the State's share for property abutting Highway 100. These amounts will be a significant contribution to the overall project. Of course, these direct participation costs do not include the City's sizable indirect expenses in planning, facilitating and managing this long-term, extensive project from beginning to end.
Q: West Tarpon and Bass have no vegetation and cause dust problems. Will backfilling these peninsulas with dredge material worsen the dust problem?
A: No. All of the peninsulas in the Modern Venice Subdivision were created from dredge material or "spoil." Spoil has a high salt content and takes a while to support vegetation. After seawalling and backfilling these peninsulas, rain, instead of immediately running off into the channel, will be captured and this will help reduce the salt content of the spoil. After development begins, residents will plant lawns, shrubs, and trees. Eventually, these peninsulas will no longer produce dust and, until then, the dust problem should not be any worse than it is at present.
Q: Will properties other than those in Modern Venice such as First Street and North Shore Drive be required to be seawalled?
A: Yes. All properties abutting the waterways west of Island Avenue will be seawalled.
Q: If the channels are dredged, would it be possible for the dredge boat to dredge out individual boat slips?
A: Yes. If the project is done, the dredge operator could dredge individual boat slips needing dredging for a very reasonable price. The cost would be paid by the owner of the boat slip.
Q: I read an article in the Port Isabel Press suggesting that other cities across the nation pay for as much as 50% of improvements such as streets and utilities. Why doesn't Port Isabel pay 50% of these costs?
A: Other cities across the nation may have the resources and legal authority to do this. However, the Texas Constitution prohibits public funds from being expended to benefit private property interests. The law authorizing public improvement districts does allow the City's limited financial participation, but does not allow the City to pay for improvements to private property.
Q: If the owners of the lots on west Bass and Tarpon are going to have their property backfilled with the dredge spoil from the channels, shouldn't they pay extra for the filling of their lots?
A: No. The disposal of dredge spoil can be very expensive. The last time the Corps of Engineers dredged the entrance to the Fingers, the City had to pay over $50,000 for its transport to and disposal at the Navigation District. The ability to dispose of the spoil at the site will save many thousands of dollars in disposal costs. Although the property owners that receive the spoil on their property will receive some benefit, the dredging project and the district as a whole will receive a greater benefit by not having to pay for offsite spoil disposal. The disposal of spoil on adjacent properties should be viewed as a mutually beneficial trade of resources.
Q: I want to be assured that owners of undeveloped lots will pay their fair share. Will liens be placed on these lots prior to their being sold?
A: Yes. For each lot which receives improvements, a lien will automatically attach to the lot. If the lot is sold, the seller and buyer will be able to choose whether to pay the lien off or the new buyer may choose to pay the annual assessments.
Q: The Mayor's letter says that dredging would "probably" be assessed on a per-front-foot basis. If not on such a basis, how else would it be assessed?
A: The only other fair and practical basis would be based on the square footage of the lot receiving dredging. However, since both methods would probably result in roughly the same amount and since the per-front-foot basis would be easier to calculate, it probably should be the method used to apportion costs.
Q: Will a general or special election be required to implement the public improvement district?
A: No. The decision to create the district will be made solely by the property owners who will receive the benefits. Their decision to create the district will be made by a petition requesting the improvements. The petition must be signed by over 50% of the property owners by appraised value and by 50% of the owners by number or area. Please refer to section 372.005(b) of the Local Government Code which can be accessed on the Information about Public Improvement Districts page.
Q: Will the dredging be performed by a dragline or will the dredging be performed by pumps?
A: We hope the project can be performed by dragline dredging. Dragline dredging has many advantages. First, it is much less disturbing to the environment. Second, it is much less expensive than pump or hydraulic dredging. Third, the spoil which is produced by dragline is solid as compared to the liquid spoil created by hydraulic dredging. The spoil produced by dragline will dry quickly and should be amenable for maintainers to work within three months.
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