Bill Text: TX SB321 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the River Ranch Municipal Utility District of Liberty County and the Riverside Municipal Utility District of Liberty County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Enrolled - Dead) 2017-05-29 - Effective on . . . . . . . . . . . . . . . [SB321 Detail]
Download: Texas-2017-SB321-Enrolled.html
| S.B. No. 321 | ||
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| relating to the creation of the River Ranch Municipal Utility | ||
| District of Liberty County and the Riverside Municipal Utility | ||
| District of Liberty County; granting a limited power of eminent | ||
| domain; providing authority to issue bonds; providing authority to | ||
| impose assessments, fees, or taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 7991 to read as follows: | ||
| CHAPTER 7991. RIVER RANCH MUNICIPAL UTILITY DISTRICT OF LIBERTY | ||
| COUNTY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7991.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the River Ranch Municipal Utility | ||
| District of Liberty County. | ||
| Sec. 7991.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7991.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 7991.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 7991.003 | ||
| until each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located has | ||
| consented by ordinance or resolution to the creation of the | ||
| district and to the inclusion of land in the district. | ||
| Sec. 7991.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
| (a) The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, or improvement of | ||
| macadamized, graveled, or paved roads or improvements, including | ||
| storm drainage, in aid of those roads. | ||
| Sec. 7991.006. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 2 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 2 of | ||
| the Act enacting this chapter form a closure. A mistake made in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to issue any type of bond for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on a bond; | ||
| (3) right to impose a tax; or | ||
| (4) legality or operation. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 7991.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7991.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 7991.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Coby Trent Elliott; | ||
| (2) Darrian Rainer Wright; | ||
| (3) Alma Lopez; | ||
| (4) Rosemarie S. Vitullo; and | ||
| (5) Gary Joseph Mitchell. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7991.003; or | ||
| (2) September 1, 2021. | ||
| (c) If permanent directors have not been elected under | ||
| Section 7991.003 and the terms of the temporary directors have | ||
| expired, successor temporary directors shall be appointed or | ||
| reappointed as provided by Subsection (d) to serve terms that | ||
| expire on the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7991.003; or | ||
| (2) the fourth anniversary of the date of the | ||
| appointment or reappointment. | ||
| (d) If Subsection (c) applies, the owner or owners of a | ||
| majority of the assessed value of the real property in the district | ||
| may submit a petition to the commission requesting that the | ||
| commission appoint as successor temporary directors the five | ||
| persons named in the petition. The commission shall appoint as | ||
| successor temporary directors the five persons named in the | ||
| petition. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 7991.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7991.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 7991.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, and convey | ||
| to this state, a county, or a municipality for operation and | ||
| maintenance macadamized, graveled, or paved roads or improvements, | ||
| including storm drainage, in aid of those roads. | ||
| Sec. 7991.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
| road project must meet all applicable construction standards, | ||
| zoning and subdivision requirements, and regulations of each | ||
| municipality in whose corporate limits or extraterritorial | ||
| jurisdiction the road project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 7991.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution that is adopted under | ||
| Section 54.016 or 54.0165, Water Code, and that consents to the | ||
| creation of the district or to the inclusion of land in the | ||
| district. | ||
| Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may | ||
| be divided into two or more new districts only if: | ||
| (1) the district has no outstanding bonded debt; | ||
| (2) the district is not imposing ad valorem taxes; and | ||
| (3) the requirements of Subsection (k) have been met. | ||
| (b) This chapter applies to any new district created by the | ||
| division of the district, and a new district has all the powers and | ||
| duties of the district. | ||
| (c) Any new district created by the division of the district | ||
| may not, at the time the new district is created, contain any land | ||
| outside the area described by Section 2 of the Act enacting this | ||
| chapter. | ||
| (d) The board, on its own motion or on receipt of a petition | ||
| signed by the owner or owners of a majority of the assessed value of | ||
| the real property in the district, may adopt an order dividing the | ||
| district. | ||
| (e) The board may adopt an order dividing the district | ||
| before or after the date the board holds an election under Section | ||
| 7991.003 to confirm the creation of the district. | ||
| (f) An order dividing the district shall: | ||
| (1) name each new district; | ||
| (2) include the metes and bounds description of the | ||
| territory of each new district; | ||
| (3) appoint temporary directors for each new district; | ||
| and | ||
| (4) provide for the division of assets and liabilities | ||
| between or among the new districts. | ||
| (g) On or before the 30th day after the date of adoption of | ||
| an order dividing the district, the district shall file the order | ||
| with the commission and record the order in the real property | ||
| records of each county in which the district is located. | ||
| (h) Any new district created by the division of the district | ||
| shall hold a confirmation and directors' election as required by | ||
| Section 7991.003. | ||
| (i) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| (j) Any new district created by the division of the district | ||
| must hold an election as required by this chapter to obtain voter | ||
| approval before the district may impose a maintenance tax or issue | ||
| bonds payable wholly or partly from ad valorem taxes. | ||
| (k) If the district is located wholly or partly in the | ||
| corporate limits or the extraterritorial jurisdiction of a | ||
| municipality, the district may not divide under this section unless | ||
| the municipality by resolution or ordinance consents to the | ||
| division of the district. If the district is not located wholly or | ||
| partly in the corporate limits or extraterritorial jurisdiction of | ||
| a municipality, the district may not divide under this section | ||
| unless the commissioners court of each county in which the district | ||
| is wholly or partly located adopts a resolution or order consenting | ||
| to the division of the district. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 7991.151. ELECTIONS REGARDING TAXES OR BONDS. | ||
| (a) The district may issue, without an election, bonds and other | ||
| obligations secured by revenue other than ad valorem taxes. | ||
| (b) The district must hold an election in the manner | ||
| provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
| before the district may impose an ad valorem tax or issue bonds | ||
| payable from ad valorem taxes. | ||
| (c) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7991.151, the district | ||
| may impose an operation and maintenance tax on taxable property in | ||
| the district in accordance with Section 49.107, Water Code. | ||
| (b) The board shall determine the tax rate. The rate may not | ||
| exceed the rate approved at the election. | ||
| Sec. 7991.153. CONTRACT TAXES. (a) In accordance with | ||
| Section 49.108, Water Code, the district may impose a tax other than | ||
| an operation and maintenance tax and use the revenue derived from | ||
| the tax to make payments under a contract after the provisions of | ||
| the contract have been approved by a majority of the district voters | ||
| voting at an election held for that purpose. | ||
| (b) A contract approved by the district voters may contain a | ||
| provision stating that the contract may be modified or amended by | ||
| the board without further voter approval. | ||
| Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any | ||
| other law, the district shall establish the same rates for | ||
| residential and commercial classes of customers for the provision | ||
| of water and sewer services. For purposes of this section, the | ||
| commercial class may not include apartment complexes or other | ||
| multifamily dwellings. | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 7991.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. The district may issue bonds or other obligations | ||
| payable wholly or partly from ad valorem taxes, impact fees, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for any authorized district | ||
| purpose. | ||
| Sec. 7991.202. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Sections 54.601 and 54.602, Water Code. | ||
| Sec. 7991.203. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| SECTION 2. The River Ranch Municipal Utility District of | ||
| Liberty County initially includes all the territory contained in | ||
| the following area: | ||
| TRACT ONE | ||
| Being 6980.02 acres of land situated in the William Bloodgood | ||
| Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the | ||
| H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E. | ||
| Kierstead Survey, Abstract 693, the George Pace Survey, Abstract | ||
| 805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell | ||
| Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and | ||
| the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas, | ||
| and being the residue of that called 7449.781 acres of land as | ||
| recorded in Liberty County Clerk's File Number 2009008952 and being | ||
| more particularly described by metes and bounds as follows; | ||
| BEGINNING, at a found five eighths inch iron rod, marking the most | ||
| northwesterly corner of said called 7450.588 acre tract, the | ||
| southwesterly corner of a called 17.56 acre tract as recorded in | ||
| Liberty County Clerk's File Number 2006012623 and in the east line | ||
| of State Highway 146 (width varies). Said BEGINNING point having a | ||
| Texas State Plane Coordinate System, Central Zone (4203) Value of | ||
| Y= 9,997,553.25 and X= 4,013,812.92 (GRID); | ||
| 1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the | ||
| most northerly line of said called 7450.588 acre tract and the south | ||
| line of said called 17.56 acre tract, for a distance of 2,611.49 | ||
| feet (called 2,601.00 feet), to a found one half inch iron rod | ||
| (disturbed) for an angle point; | ||
| 2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing | ||
| along the northerly line of said called 7450.588 acre tract and the | ||
| south line of said called 17.56 acre tract, for a distance of 74.68 | ||
| feet (called 74.54 feet) to a found one half inch iron rod | ||
| (disturbed) for an interior corner; | ||
| 3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an | ||
| interior corner of said called 7450.588 acre tract, for a distance | ||
| of 139.09 feet (called 138.89 feet), to a found one half inch iron | ||
| rod, marking an exterior corner of said called 7450.58 acre tract; | ||
| 4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an | ||
| exterior line of said called 7450.588 acre tract, a distance of | ||
| 1038.04 feet to a found two inch iron pipe (disturbed); | ||
| 5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing | ||
| along an exterior line of said called 7450.588 acre tract a distance | ||
| of 6578.98 feet to a found two inch iron pipe; | ||
| 6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing | ||
| along an exterior line of said called 7450.588 acre tract a distance | ||
| of 139.61 feet to a found two inch iron pipe; | ||
| 7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing | ||
| along an exterior line of said called 7450.588 acre tract a distance | ||
| of 7238.81 feet to a found two inch iron pipe in the westerly | ||
| right-of-way line of Liberty County Road Number 455; | ||
| 8. THENCE, South 15 degrees 26 minutes 45 seconds East along said | ||
| westerly right-of-way line of Liberty County Road Number 455, a | ||
| distance of 1458.52 feet to a found two inch iron pipe; | ||
| 9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance | ||
| of 61.66 feet to a found one half inch iron rod with cap 'BHA' | ||
| marking the north west corner of a called 2.67 acres as recorded in | ||
| Liberty County Clerks (LCCFN) 2012007988; | ||
| 10. THENCE, South 15 degrees 08 minutes 32 seconds East along the | ||
| west line of said called 2.67 acres, a distance of 770.50 feet to an | ||
| angle point; | ||
| 11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance | ||
| of 349.09 feet to a found one and one half inch iron pipe marking the | ||
| northeast corner of a called 4.113 acres LCCFN 20108323; | ||
| 12. THENCE, North 89 degrees 38 minutes 50 seconds West along the | ||
| northerly line of said a called 4.113 acres, a distance of 631.10 | ||
| feet to a found one half inch iron rod with cap '5068'; | ||
| 13. THENCE, South 03 degrees 14 minutes 43 seconds East along the | ||
| westerly line of said a called 4.113 acres, a distance of 238.21 | ||
| feet to a found one and one half inch iron pipe; | ||
| 14. THENCE, South 77 degrees 57 minutes 13 seconds East along the | ||
| southerly line of said a called 4.113 acres a distance of 100.90 | ||
| feet to the northerly line of called Possible Conflict Area in LCCFN | ||
| 20078486; | ||
| 15. THENCE, South 87 degrees 10 minutes 33 seconds West along the | ||
| northerly line of called Possible Conflict Area, a distance of | ||
| 1866.59 feet to a found one and one half inch iron pipe (destroyed); | ||
| 16. THENCE, South 03 degrees 22 minutes 15 seconds East along the | ||
| westerly line of called Possible Conflict Area, a distance of | ||
| 103.25 feet to a 'Boat Spike in Concrete' marking the fenced | ||
| northerly of Hilton tract as recorded at LCCFN 20078486; | ||
| 17. THENCE, South 02 degrees 53 minutes 32 seconds East along the | ||
| said Hilton tract, a distance of 3361.75 feet to a found one and one | ||
| half inch rod being in the north line of 1454.19 acre tract | ||
| described in Volume 1307, Page 88 of the Deed Records of Liberty | ||
| County (DRLC); | ||
| 18. THENCE, South 87 degrees 17 minutes 29 seconds West along the | ||
| north line of said 1454.19 acre tract a distance of 463.43 feet to a | ||
| found one and one half inch rod; | ||
| 19. THENCE, South 03 degrees 53 minutes 48 seconds East along the | ||
| west line of said 1454.19 acre tract, and the west line of that | ||
| certain called 473.221 acre tract described in Volume 1933, Page | ||
| 384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe | ||
| marking the southwest corner of said 473.221 acre tract; | ||
| 20. THENCE, North 85 degrees 18 minutes 55 seconds East along the | ||
| south line of said 473.221 acre tract, a distance of 1570.06 feet to | ||
| found two and one half inch iron pipe; | ||
| 21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing | ||
| along said south line of said 473.221 acre tract, a distance of | ||
| 1730.86 feet to a found five eighths inch iron rod in northwesterly | ||
| right-of-way line of the Coastal Industrial Water Authority Canal; | ||
| THENCE along and with said Coastal Industrial Water Authority Canal | ||
| right-of-way, the following six (6) courses: | ||
| 1) THENCE, along a curve to the right 232.37 feet along, | ||
| said curve having a radius of 727.99 feet said curve having a chord | ||
| direction of South 33 degrees 18 minutes 41 seconds West and a chord | ||
| length of 231.39 feet; | ||
| 2) THENCE, South 43 degrees 33 minutes 12 seconds West a | ||
| distance of 879.97 feet to a found five eighths inch iron rod; | ||
| 3) THENCE, South 43 degrees 21 minutes 29 seconds West a | ||
| distance of 717.51 feet to a found five eighths inch iron rod; | ||
| 4) THENCE, South 42 degrees 46 minutes 40 seconds West a | ||
| distance of 6748.15 feet to a found five eighths inch iron rod; | ||
| 5) THENCE, South 68 degrees 32 minutes 55 seconds West a | ||
| distance of 388.20 feet to a found five eighths inch iron rod; | ||
| 6) THENCE, South 01 degrees 29 minutes 02 seconds East a | ||
| distance of 117.76 feet to the centerline of Old River; | ||
| THENCE along and with said centerline of Old River, same being said | ||
| Wiseman Survey westerly line and said Welch Survey easterly line, | ||
| the following sixty-five (65) courses: | ||
| 1) THENCE, South 58 degrees 09 minutes 08 seconds West a | ||
| distance of 15.75 feet to an angle point; | ||
| 2) THENCE, North 64 degrees 44 minutes 18 seconds West a | ||
| distance of 91.26 feet to an angle point; | ||
| 3) THENCE, North 32 degrees 00 minutes 26 seconds West a | ||
| distance of 136.24 feet to an angle point; | ||
| 4) THENCE, South 66 degrees 19 minutes 52 seconds West a | ||
| distance of 64.65 feet to an angle point; | ||
| 5) THENCE, North 43 degrees 26 minutes 23 seconds West a | ||
| distance of 46.30 feet to an angle point; | ||
| 6) THENCE, North 29 degrees 49 minutes 53 seconds West a | ||
| distance of 59.08 feet to an angle point; | ||
| 7) THENCE, North 06 degrees 18 minutes 15 seconds East a | ||
| distance of 37.01 feet to an angle point; | ||
| 8) THENCE, North 23 degrees 39 minutes 11 seconds East a | ||
| distance of 52.62 feet to an angle point; | ||
| 9) THENCE, North 31 degrees 33 minutes 27 seconds East a | ||
| distance of 77.59 feet to an angle point; | ||
| 10) THENCE, North 13 degrees 09 minutes 50 seconds East a | ||
| distance of 87.73 feet to an angle point; | ||
| 11) THENCE, North 20 degrees 07 minutes 22 seconds West a | ||
| distance of 11.17 feet to an angle point; | ||
| 12) THENCE, North 59 degrees 01 minutes 35 seconds West a | ||
| distance of 62.45 feet to an angle point; | ||
| 13) THENCE, North 46 degrees 03 minutes 11 seconds West a | ||
| distance of 30.31 feet to an angle point; | ||
| 14) THENCE, North 14 degrees 26 minutes 18 seconds East a | ||
| distance of 104.09 feet to an angle point; | ||
| 15) THENCE, North 27 degrees 55 minutes 38 seconds West a | ||
| distance of 38.19 feet to an angle point; | ||
| 16) THENCE, North 36 degrees 17 minutes 37 seconds West a | ||
| distance of 60.70 feet to an angle point; | ||
| 17) THENCE, North 35 degrees 26 minutes 18 seconds East a | ||
| distance of 23.80 feet to an angle point; | ||
| 18) THENCE, North 69 degrees 01 minutes 02 seconds East a | ||
| distance of 165.04 feet to an angle point; | ||
| 19) THENCE, North 43 degrees 19 minutes 31 seconds East a | ||
| distance of 21.99 feet to an angle point; | ||
| 20) THENCE, North 16 degrees 10 minutes 24 seconds East a | ||
| distance of 46.70 feet to an angle point; | ||
| 21) THENCE, North 17 degrees 01 minutes 36 seconds West a | ||
| distance of 86.60 feet to an angle point; | ||
| 22) THENCE, North 08 degrees 32 minutes 02 seconds West a | ||
| distance of 87.59 feet to an angle point; | ||
| 23) THENCE, North 10 degrees 49 minutes 06 seconds East a | ||
| distance of 19.61 feet to an angle point; | ||
| 24) THENCE, North 69 degrees 03 minutes 33 seconds East a | ||
| distance of 16.49 feet to an angle point; | ||
| 25) THENCE, South 63 degrees 21 minutes 41 seconds East a | ||
| distance of 123.98 feet to an angle point; | ||
| 26) THENCE, North 84 degrees 00 minutes 08 seconds East a | ||
| distance of 46.55 feet to an angle point; | ||
| 27) THENCE, North 25 degrees 09 minutes 01 seconds East a | ||
| distance of 20.14 feet to an angle point; | ||
| 28) THENCE, North 15 degrees 23 minutes 39 seconds East a | ||
| distance of 22.11 feet to an angle point; | ||
| 29) THENCE, North 66 degrees 13 minutes 45 seconds East a | ||
| distance of 41.01 feet to an angle point; | ||
| 30) THENCE, North 84 degrees 10 minutes 10 seconds East a | ||
| distance of 43.69 feet to an angle point; | ||
| 31) THENCE, South 68 degrees 10 minutes 57 seconds East a | ||
| distance of 121.53 feet to an angle point; | ||
| 32) THENCE, North 84 degrees 58 minutes 51 seconds East a | ||
| distance of 22.29 feet to an angle point; | ||
| 33) THENCE, North 63 degrees 25 minutes 30 seconds East a | ||
| distance of 23.15 feet to an angle point; | ||
| 34) THENCE, North 07 degrees 58 minutes 23 seconds East a | ||
| distance of 38.31 feet to an angle point; | ||
| 35) THENCE, North 02 degrees 03 minutes 41 seconds East a | ||
| distance of 53.18 feet to an angle point; | ||
| 36) THENCE, North 32 degrees 30 minutes 05 seconds East a | ||
| distance of 130.71 feet to an angle point; | ||
| 37) THENCE, North 47 degrees 36 minutes 35 seconds East a | ||
| distance of 110.53 feet to an angle point; | ||
| 38) THENCE, North 04 degrees 43 minutes 59 seconds West a | ||
| distance of 30.78 feet to an angle point; | ||
| 39) THENCE, North 33 degrees 31 minutes 55 seconds West a | ||
| distance of 26.08 feet to an angle point; | ||
| 40) THENCE, North 39 degrees 08 minutes 01 seconds West a | ||
| distance of 66.79 feet to an angle point; | ||
| 41) THENCE, North 22 degrees 19 minutes 44 seconds East a | ||
| distance of 38.56 feet to an angle point; | ||
| 42) THENCE, North 54 degrees 43 minutes 58 seconds East a | ||
| distance of 38.32 feet to an angle point; | ||
| 43) THENCE, South 65 degrees 09 minutes 17 seconds East a | ||
| distance of 103.31 feet to an angle point; | ||
| 44) THENCE, North 28 degrees 04 minutes 20 seconds East a | ||
| distance of 37.48 feet to an angle point; | ||
| 45) THENCE, North 08 degrees 48 minutes 54 seconds East a | ||
| distance of 114.60 feet to an angle point; | ||
| 46) THENCE, North 21 degrees 43 minutes 04 seconds East a | ||
| distance of 107.20 feet to an angle point; | ||
| 47) THENCE, North 55 degrees 52 minutes 47 seconds West a | ||
| distance of 19.09 feet to an angle point; | ||
| 48) THENCE, North 80 degrees 47 minutes 51 seconds West a | ||
| distance of 84.42 feet to an angle point; | ||
| 49) THENCE, South 70 degrees 45 minutes 49 seconds West a | ||
| distance of 98.65 feet to an angle point; | ||
| 50) THENCE, North 08 degrees 27 minutes 34 seconds West a | ||
| distance of 74.91 feet to an angle point; | ||
| 51) THENCE, North 42 degrees 34 minutes 37 seconds West a | ||
| distance of 55.08 feet to an angle point; | ||
| 52) THENCE, North 03 degrees 20 minutes 32 seconds West a | ||
| distance of 134.32 feet to an angle point; | ||
| 53) THENCE, North 10 degrees 41 minutes 17 seconds West a | ||
| distance of 227.57 feet to an angle point; | ||
| 54) THENCE, North 60 degrees 20 minutes 56 seconds East a | ||
| distance of 77.08 feet to an angle point; | ||
| 55) THENCE, North 44 degrees 11 minutes 48 seconds East a | ||
| distance of 40.40 feet to an angle point; | ||
| 56) THENCE, North 26 degrees 03 minutes 04 seconds West a | ||
| distance of 73.67 feet to an angle point; | ||
| 57) THENCE, North 24 degrees 08 minutes 47 seconds East a | ||
| distance of 73.80 feet to an angle point; | ||
| 58) THENCE, North 36 degrees 57 minutes 07 seconds East a | ||
| distance of 178.12 feet to an angle point; | ||
| 59) THENCE, North 16 degrees 05 minutes 57 seconds West a | ||
| distance of 84.97 feet to an angle point; | ||
| 60) THENCE, North 01 degrees 11 minutes 32 seconds East a | ||
| distance of 125.69 feet to an angle point; | ||
| 61) THENCE, North 83 degrees 06 minutes 00 seconds East a | ||
| distance of 28.45 feet to an angle point; | ||
| 62) THENCE, North 04 degrees 15 minutes 12 seconds West a | ||
| distance of 338.20 feet to an angle point; | ||
| 63) THENCE, North 16 degrees 11 minutes 51 seconds West a | ||
| distance of 34.92 feet to an angle point; | ||
| 64) THENCE, North 73 degrees 51 minutes 47 seconds West a | ||
| distance of 50.61 feet to an angle point; | ||
| 65) THENCE, South 87 degrees 32 minutes 41 seconds West a | ||
| distance of 68.54 feet to the most southerly corner of that certain | ||
| called 22.50 acre tract described in Volume 1619, page 569 of the | ||
| DRLC; | ||
| 22. THENCE, North 57 degrees 02 minutes 30 seconds East along and | ||
| with the southeast line of said 22.50 acre tract, same being the | ||
| northwest line of said 77.50 acre tract, a distance of 2451.67 feet | ||
| to east corner of said 22.50 acre tract; | ||
| 23. THENCE, North 32 degrees 57 minutes 30 seconds West along and | ||
| with said 22.50 acre tract, a distance of 419.64 feet to a found | ||
| five eighths inch iron rod marking the north corner of said 22.50 | ||
| tract; | ||
| 24. THENCE, South 57 degrees 03 minutes 57 seconds West a distance | ||
| of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA | ||
| INC' the southeast corner of a called 68.1917 acre tract recorded at | ||
| LCCFN 2012016189; | ||
| 25. THENCE, North 07 degrees 59 minutes 42 seconds West along the | ||
| east line of said called 68.1917 acre tract, a distance of 2943.33 | ||
| feet to the most northerly corner of said called 68.1917 acre tract; | ||
| 26. THENCE, South 19 degrees 28 minutes 28 seconds West along the | ||
| westerly line of said called 68.1917 acre tract, 4375.56 feet to a | ||
| found five eighths inch iron rod with cap 'BHA INC' the original | ||
| southerly line of said called 7449.781 acre tract; | ||
| 27. THENCE, South 57 degrees 03 minutes 46 seconds West along said | ||
| original southerly line of said called 7449.781 acre tract a | ||
| distance of 751.74 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC' the southeast corner of a called 326.1099 acre tract | ||
| recorded at LCCFN 2012016189; | ||
| 28. THENCE, North 19 degrees 32 minutes 27 seconds East along the | ||
| easterly line of said called 326.1099 acre tract, a distance of | ||
| 5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC' | ||
| the most northeasterly corner of said called 326.1099 acre tract; | ||
| 29. THENCE, South 56 degrees 18 minutes 04 seconds West along the | ||
| northerly line of said called 326.1099 acre tract, a distance of | ||
| 620.59 feet to a found five eighths inch iron rod with cap 'BHA INC'; | ||
| 30. THENCE, South 57 degrees 47 minutes 30 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 877.17 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 161.98 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 151.08 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 156.34 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 661.76 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 811.33 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC'; | ||
| 36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing | ||
| along the northerly line of said called 326.1099 acre tract, a | ||
| distance of 1865.29 feet to a found five eighths inch iron rod with | ||
| cap 'BHA INC' the most westerly northwest corner of said called | ||
| 326.1099 acre tract; | ||
| 37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance | ||
| of 1137.99 feet a found one half inch iron rod for the most westerly | ||
| northwest corner of said called 326.1099 acre tract; | ||
| 38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance | ||
| of 448.39 feet to a found five eighths inch iron rod with cap 'BHA | ||
| INC'; | ||
| 39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance | ||
| of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA | ||
| INC' in east right-of-way line of State Highway Number 146; | ||
| THENCE, along and with said east right-of-way line of State Highway | ||
| Number 146, the following nine (9) courses: | ||
| 1) THENCE, North 11 degrees 11 minutes 04 seconds West a | ||
| distance of 10062.63 feet to a TXDoT type ll monument for the point | ||
| of curvature of a curve to the right; | ||
| 2) THENCE, an arc distance of 1298.55 feet along a curve to | ||
| the right, said curve having a radius of 22803.27 feet and a chord | ||
| direction and distance of North 09 degrees 32 minutes 08 seconds | ||
| West 1298.37 feet to a TXDoT type ll monument (disturbed); | ||
| 3) THENCE, North 07 degrees 55 minutes 26 seconds West a | ||
| distance of 2291.62 feet to a TXDoT type ll monument for the point | ||
| of curvature of a curve to the left; | ||
| 4) THENCE, an arc distance of along a curve to the left | ||
| 537.71 feet along a curve to the left, said curve having a radius of | ||
| 10845.00 feet said and a chord direction and distance of North 09 | ||
| degrees 30 minutes 54 seconds West 537.66 feet; | ||
| 5) THENCE, North 08 degrees 17 minutes 04 seconds West a | ||
| distance of 284.82 feet to a TXDoT type ll monument for the point of | ||
| curvature of a curve to the left; | ||
| 6) THENCE, an arc distance of along a curve to the left | ||
| 119.30 feet along a curve to the left, said curve having a radius of | ||
| 4399.00 feet said and a chord direction and distance of North 09 | ||
| degrees 56 minutes 28 seconds West and a chord length of 119.29 feet | ||
| to a TXDoT type ll monument; | ||
| 7) THENCE, North 10 degrees 04 minutes 16 seconds West a | ||
| distance of 376.86 feet to an angle point to a TXDoT type ll | ||
| monument; | ||
| 8) THENCE, South 82 degrees 05 minutes 03 seconds West a | ||
| distance of 18.68 feet to an angle point; | ||
| 9) THENCE, North 07 degrees 54 minutes 46 seconds West, a | ||
| distance of 5746.34 feet to a set five eighths inch iron rod with | ||
| cap stamped "CCI", being the beginning of a curve to the right; | ||
| 10) THENCE, an arc distance of 361.93 feet along said curve | ||
| to the right, said curve having a radius of 7630.00 feet and a chord | ||
| direction and distance of North 06 degrees 33 minutes 13 seconds | ||
| West 361.90 feet, to the POINT OF BEGINNING; | ||
| Bearings shown hereon are based on the Texas State Plane Coordinate | ||
| System, South Central Zone 4204, NAD 83. | ||
| SECTION 3. Subtitle F, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 8012 to read as follows: | ||
| CHAPTER 8012. RIVERSIDE MUNICIPAL UTILITY DISTRICT OF LIBERTY | ||
| COUNTY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8012.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Riverside Municipal Utility | ||
| District of Liberty County. | ||
| Sec. 8012.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8012.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 8012.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8012.003 | ||
| until each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located has | ||
| consented by ordinance or resolution to the creation of the | ||
| district and to the inclusion of land in the district. | ||
| Sec. 8012.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
| (a) The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, or improvement of | ||
| macadamized, graveled, or paved roads or improvements, including | ||
| storm drainage, in aid of those roads. | ||
| Sec. 8012.006. INITIAL DISTRICT TERRITORY. (a) The | ||
| district is initially composed of the territory described by | ||
| Section 4 of the Act enacting this chapter. | ||
| (b) The boundaries and field notes contained in Section 4 of | ||
| the Act enacting this chapter form a closure. A mistake made in the | ||
| field notes or in copying the field notes in the legislative process | ||
| does not affect the district's: | ||
| (1) organization, existence, or validity; | ||
| (2) right to issue any type of bond for the purposes | ||
| for which the district is created or to pay the principal of and | ||
| interest on a bond; | ||
| (3) right to impose a tax; or | ||
| (4) legality or operation. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8012.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8012.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8012.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Will King; | ||
| (2) Micky Redus; | ||
| (3) Jim Smesny; | ||
| (4) Dorothy Badgett; and | ||
| (5) Daniel Walker. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8012.003; or | ||
| (2) September 1, 2021. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8012.003 and the terms of the temporary directors have | ||
| expired, successor temporary directors shall be appointed or | ||
| reappointed as provided by Subsection (d) to serve terms that | ||
| expire on the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 8012.003; or | ||
| (2) the fourth anniversary of the date of the | ||
| appointment or reappointment. | ||
| (d) If Subsection (c) applies, the owner or owners of a | ||
| majority of the assessed value of the real property in the district | ||
| may submit a petition to the commission requesting that the | ||
| commission appoint as successor temporary directors the five | ||
| persons named in the petition. The commission shall appoint as | ||
| successor temporary directors the five persons named in the | ||
| petition. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8012.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8012.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 8012.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, and convey | ||
| to this state, a county, or a municipality for operation and | ||
| maintenance macadamized, graveled, or paved roads or improvements, | ||
| including storm drainage, in aid of those roads. | ||
| Sec. 8012.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
| road project must meet all applicable construction standards, | ||
| zoning and subdivision requirements, and regulations of each | ||
| municipality in whose corporate limits or extraterritorial | ||
| jurisdiction the road project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 8012.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution that is adopted under | ||
| Section 54.016 or 54.0165, Water Code, and that consents to the | ||
| creation of the district or to the inclusion of land in the | ||
| district. | ||
| Sec. 8012.106. DIVISION OF DISTRICT. (a) The district may | ||
| be divided into two or more new districts only if: | ||
| (1) the district has no outstanding bonded debt; | ||
| (2) the district is not imposing ad valorem taxes; and | ||
| (3) the requirements of Subsection (k) have been met. | ||
| (b) This chapter applies to any new district created by the | ||
| division of the district, and a new district has all the powers and | ||
| duties of the district. | ||
| (c) Any new district created by the division of the district | ||
| may not, at the time the new district is created, contain any land | ||
| outside the area described by Section 4 of the Act enacting this | ||
| chapter. | ||
| (d) The board, on its own motion or on receipt of a petition | ||
| signed by the owner or owners of a majority of the assessed value of | ||
| the real property in the district, may adopt an order dividing the | ||
| district. | ||
| (e) The board may adopt an order dividing the district | ||
| before or after the date the board holds an election under Section | ||
| 8012.003 to confirm the creation of the district. | ||
| (f) An order dividing the district shall: | ||
| (1) name each new district; | ||
| (2) include the metes and bounds description of the | ||
| territory of each new district; | ||
| (3) appoint temporary directors for each new district; | ||
| and | ||
| (4) provide for the division of assets and liabilities | ||
| between or among the new districts. | ||
| (g) On or before the 30th day after the date of adoption of | ||
| an order dividing the district, the district shall file the order | ||
| with the commission and record the order in the real property | ||
| records of each county in which the district is located. | ||
| (h) Any new district created by the division of the district | ||
| shall hold a confirmation and directors' election as required by | ||
| Section 8012.003. | ||
| (i) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| (j) Any new district created by the division of the district | ||
| must hold an election as required by this chapter to obtain voter | ||
| approval before the district may impose a maintenance tax or issue | ||
| bonds payable wholly or partly from ad valorem taxes. | ||
| (k) If the district is located wholly or partly in the | ||
| corporate limits or the extraterritorial jurisdiction of a | ||
| municipality, the district may not divide under this section unless | ||
| the municipality by resolution or ordinance consents to the | ||
| division of the district. If the district is not located wholly or | ||
| partly in the corporate limits or extraterritorial jurisdiction of | ||
| a municipality, the district may not divide under this section | ||
| unless the commissioners court of each county in which the district | ||
| is wholly or partly located adopts a resolution or order consenting | ||
| to the division of the district. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8012.151. ELECTIONS REGARDING TAXES OR BONDS. | ||
| (a) The district may issue, without an election, bonds and other | ||
| obligations secured by revenue other than ad valorem taxes. | ||
| (b) The district must hold an election in the manner | ||
| provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
| before the district may impose an ad valorem tax or issue bonds | ||
| payable from ad valorem taxes. | ||
| (c) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 8012.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8012.151, the district | ||
| may impose an operation and maintenance tax on taxable property in | ||
| the district in accordance with Section 49.107, Water Code. | ||
| (b) The board shall determine the tax rate. The rate may not | ||
| exceed the rate approved at the election. | ||
| Sec. 8012.153. CONTRACT TAXES. (a) In accordance with | ||
| Section 49.108, Water Code, the district may impose a tax other than | ||
| an operation and maintenance tax and use the revenue derived from | ||
| the tax to make payments under a contract after the provisions of | ||
| the contract have been approved by a majority of the district voters | ||
| voting at an election held for that purpose. | ||
| (b) A contract approved by the district voters may contain a | ||
| provision stating that the contract may be modified or amended by | ||
| the board without further voter approval. | ||
| Sec. 8012.154. WATER AND SEWER RATES. Notwithstanding any | ||
| other law, the district shall establish the same rates for | ||
| residential and commercial classes of customers for the provision | ||
| of water and sewer services. For purposes of this section, the | ||
| commercial class may not include apartment complexes or other | ||
| multifamily dwellings. | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8012.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. The district may issue bonds or other obligations | ||
| payable wholly or partly from ad valorem taxes, impact fees, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for any authorized district | ||
| purpose. | ||
| Sec. 8012.202. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Sections 54.601 and 54.602, Water Code. | ||
| Sec. 8012.203. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| SECTION 4. The Riverside Municipal Utility District of | ||
| Liberty County initially includes all the territory contained in | ||
| the following area: | ||
| Being 482.631 acres of land out of a called 1454.19 acres, more or | ||
| less, in and out of that certain "called" 1517 acres, in the John A. | ||
| Williams League, Abstract Number 119, Liberty County, Texas, being | ||
| more particularly, described as follows: | ||
| BEGINNING at a found one inch pinch toped pipe located in the south | ||
| line of said called 1454.19 acre tract and the north line of West | ||
| Lake Subdivision as recorded in volume 6, page 59 of Liberty County | ||
| Map Records (LCDR) also being in the easterly right of way of FM | ||
| 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record) | ||
| 1. THENCE, North 00 degrees 14 minutes 16 seconds East a distance | ||
| of 39.39 feet along easterly right of way of FM 1409 to a set five | ||
| eights inch iron with yellow plastic cap stamped 'CCI'; | ||
| 2. THENCE, North 40 degrees 17 minutes 58 seconds East a distance | ||
| of 75.55 feet continuing along easterly right of way of FM 1409 to a | ||
| found three quarters inch iron rod; | ||
| 3. THENCE, North 39 degrees 56 minutes 18 seconds East a distance | ||
| of 122.65 feet to a to a found five eighths inch iron rod; | ||
| 4. THENCE, North 65 degrees 30 minutes 01 seconds East a distance | ||
| of 156.58 feet to a to a found five eighths inch iron rod; | ||
| 5. THENCE, along a curve to the right an arc distance of 400.94 | ||
| feet, said curve having a radius of 724.00 feet and a chord bearing | ||
| and distance of North 81 degrees 24 minutes 58 seconds East, 395.83 | ||
| feet to a found five eighths inch iron rod for a point of reverse | ||
| curve; | ||
| 6. THENCE, along a curve to the left an arc distance of 1190.99 | ||
| feet said curve having a radius of 1076.00 feet and a chord bearing | ||
| and distance of North 65 degrees 34 minutes 17 seconds East, 1131.11 | ||
| feet to a found five eighths inch iron rod for a point of reverse | ||
| curve; | ||
| 7. THENCE, along a curve to the right an arc distance of 398.88 | ||
| feet along said curve having a radius of 724.00 feet and a chord | ||
| bearing and distance of North 50 degrees 04 minutes 49 seconds East, | ||
| 393.86 feet to a found five eighths inch iron rod; | ||
| 8. THENCE, North 65 degrees 47 minutes 48 seconds East a distance | ||
| of 1993.97 feet to a found three quarter inch iron rod; | ||
| 9. THENCE, North 65 degrees 33 minutes 44 seconds East a distance | ||
| of 3609.67 feet to a found one half inch iron rod; | ||
| 10. THENCE, South 83 degrees 13 minutes 10 seconds East a distance | ||
| of 257.13 feet to a found three quarter inch iron rod; | ||
| 11. THENCE, North 30 degrees 28 minutes 01 seconds East a distance | ||
| of 302.66 feet to a set five eights inch iron with yellow plastic | ||
| cap stamped 'CCI'; | ||
| 12. THENCE, North 65 degrees 34 minutes 06 seconds East a distance | ||
| of 1496.19 feet to a found three quarter inch iron rod with cap; | ||
| 13. THENCE, North 85 degrees 54 minutes 44 seconds East passing at | ||
| 1805.00 feet a set five eights inch stainless steel rod with metal | ||
| cap 'CCI', continuing a total distance of distance of 1849.45 feet | ||
| to the bank of the Trinity river (as established from FEMA LIDAR | ||
| 2008); | ||
| Thence with the next 31 calls along the said bank of the Trinity | ||
| River: | ||
| 1) THENCE, South 49 degrees 13 minutes 20 seconds East a | ||
| distance of 79.91 feet to an angle point; | ||
| 2) THENCE, South 30 degrees 29 minutes 20 seconds East a | ||
| distance of 118.05 feet to an angle point; | ||
| 3) THENCE, South 25 degrees 40 minutes 37 seconds East a | ||
| distance of 54.85 feet to an angle point; | ||
| 4) THENCE, South 34 degrees 34 minutes 38 seconds East a | ||
| distance of 408.75 feet to an angle point; | ||
| 5) THENCE, South 24 degrees 58 minutes 08 seconds East a | ||
| distance of 137.38 feet to an angle point; | ||
| 6) THENCE, South 47 degrees 58 minutes 53 seconds East a | ||
| distance of 129.25 feet to an angle point; | ||
| 7) THENCE, South 29 degrees 24 minutes 08 seconds East a | ||
| distance of 532.54 feet to an angle point; | ||
| 8) THENCE, South 24 degrees 11 minutes 36 seconds East a | ||
| distance of 215.75 feet to an angle point; | ||
| 9) THENCE, South 12 degrees 27 minutes 16 seconds East a | ||
| distance of 317.40 feet to an angle point; | ||
| 10) THENCE, South 01 degrees 28 minutes 30 seconds East a | ||
| distance of 221.59 feet to an angle point; | ||
| 11) THENCE, South 06 degrees 50 minutes 57 seconds West a | ||
| distance of 342.80 feet to an angle point; | ||
| 12) THENCE, South 23 degrees 42 minutes 49 seconds West a | ||
| distance of 222.21 feet to an angle point; | ||
| 13) THENCE, South 49 degrees 05 minutes 08 seconds West a | ||
| distance of 264.20 feet to an angle point; | ||
| 14) THENCE, South 81 degrees 00 minutes 10 seconds West a | ||
| distance of 231.01 feet to an angle point; | ||
| 15) THENCE, North 75 degrees 34 minutes 45 seconds West a | ||
| distance of 206.14 feet to an angle point; | ||
| 16) THENCE, North 34 degrees 06 minutes 23 seconds West a | ||
| distance of 362.83 feet to an angle point; | ||
| 17) THENCE, North 22 degrees 26 minutes 54 seconds West a | ||
| distance of 727.08 feet to an angle point; | ||
| 18) THENCE, North 06 degrees 06 minutes 41 seconds West a | ||
| distance of 156.02 feet to an angle point; | ||
| 19) THENCE, North 18 degrees 42 minutes 42 seconds West a | ||
| distance of 155.58 feet to an angle point; | ||
| 20) THENCE, North 50 degrees 23 minutes 34 seconds West a | ||
| distance of 105.51 feet to an angle point; | ||
| 21) THENCE, North 85 degrees 14 minutes 11 seconds West a | ||
| distance of 160.27 feet to an angle point; | ||
| 22) THENCE, North 64 degrees 39 minutes 14 seconds West a | ||
| distance of 119.93 feet to an angle point; | ||
| 23) THENCE, North 84 degrees 55 minutes 13 seconds West a | ||
| distance of 171.80 feet to an angle point; | ||
| 24) THENCE, South 70 degrees 55 minutes 51 seconds West a | ||
| distance of 162.96 feet to an angle point; | ||
| 25) THENCE, South 44 degrees 12 minutes 15 seconds West a | ||
| distance of 193.63 feet to an angle point; | ||
| 26) THENCE, South 25 degrees 27 minutes 15 seconds West a | ||
| distance of 305.68 feet to an angle point; | ||
| 27) THENCE, South 05 degrees 42 minutes 55 seconds West a | ||
| distance of 475.51 feet to a Point; | ||
| 28) THENCE, South 03 degrees 15 minutes 56 seconds West a | ||
| distance of 946.21 feet to an angle point; | ||
| 29) THENCE, South 10 degrees 07 minutes 19 seconds East a | ||
| distance of 214.73 feet to an angle point; | ||
| 30) THENCE, South 11 degrees 01 minutes 24 seconds West a | ||
| distance of 74.58 feet to an angle point; | ||
| 31) THENCE, South 05 degrees 24 minutes 53 seconds East a | ||
| distance of 189.89 feet to a point in the south line said called | ||
| 1454.19 acre tract and the north line of East Spring Creek | ||
| Subdivision as recorded in volume 2, page 334 LCMR and replat volume | ||
| 8, page 86 LCMR; | ||
| 14. THENCE, South 85 degrees 26 minutes 56 seconds West along the | ||
| said south line said called 1454.19 acre tract and the north line of | ||
| said East Spring Creek Subdivision as recorded in volume 2, page 334 | ||
| LCMR, said re-plat East Spring Creek Subdivision volume 8, page 86 | ||
| LCMR and West Lake Subdivision, passing at 221.82 feet a set five | ||
| eights inch stainless steel rod with metal cap 'CCI', continuing a | ||
| total distance of distance of 9391.82 feet to the POINT OF | ||
| BEGINNING; | ||
| Bearings shown hereon are based on the Texas State Plane Coordinate | ||
| System, South Central Zone 4204, NAD 83. | ||
| SECTION 5. (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 6. (a) If this Act does not receive a two-thirds | ||
| vote of all the members elected to each house, Subchapter C, Chapter | ||
| 7991, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7991.107 to read as follows: | ||
| Sec. 7991.107. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (b) If this Act does not receive a two-thirds vote of all the | ||
| members elected to each house, Subchapter C, Chapter 8012, Special | ||
| District Local Laws Code, as added by Section 3 of this Act, is | ||
| amended by adding Section 8012.107 to read as follows: | ||
| Sec. 8012.107. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (c) This section is not intended to be an expression of a | ||
| legislative interpretation of the requirements of Section 17(c), | ||
| Article I, Texas Constitution. | ||
| SECTION 7. This Act takes effect June 1, 2017, 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 effect on that | ||
| date, this Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 321 passed the Senate on | ||
| May 11, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 321 passed the House on | ||
| May 19, 2017, by the following vote: Yeas 137, Nays 7, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
