74 | 71 | | (b) Temporary directors serve until the earlier of: |
---|
75 | 72 | | (1) the date permanent directors are elected under |
---|
76 | 73 | | Section 7991.003; or |
---|
77 | 74 | | (2) September 1, 2021. |
---|
78 | 75 | | (c) If permanent directors have not been elected under |
---|
79 | 76 | | Section 7991.003 and the terms of the temporary directors have |
---|
80 | 77 | | expired, successor temporary directors shall be appointed or |
---|
81 | 78 | | reappointed as provided by Subsection (d) to serve terms that |
---|
82 | 79 | | expire on the earlier of: |
---|
83 | 80 | | (1) the date permanent directors are elected under |
---|
84 | 81 | | Section 7991.003; or |
---|
85 | 82 | | (2) the fourth anniversary of the date of the |
---|
86 | 83 | | appointment or reappointment. |
---|
87 | 84 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
88 | 85 | | majority of the assessed value of the real property in the district |
---|
89 | 86 | | may submit a petition to the commission requesting that the |
---|
90 | 87 | | commission appoint as successor temporary directors the five |
---|
91 | 88 | | persons named in the petition. The commission shall appoint as |
---|
92 | 89 | | successor temporary directors the five persons named in the |
---|
93 | 90 | | petition. |
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94 | 91 | | SUBCHAPTER C. POWERS AND DUTIES |
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95 | 92 | | Sec. 7991.101. GENERAL POWERS AND DUTIES. The district has |
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96 | 93 | | the powers and duties necessary to accomplish the purposes for |
---|
97 | 94 | | which the district is created. |
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98 | 95 | | Sec. 7991.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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99 | 96 | | DUTIES. The district has the powers and duties provided by the |
---|
100 | 97 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
101 | 98 | | applicable to municipal utility districts created under Section 59, |
---|
102 | 99 | | Article XVI, Texas Constitution. |
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103 | 100 | | Sec. 7991.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
104 | 101 | | 52, Article III, Texas Constitution, the district may design, |
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105 | 102 | | acquire, construct, finance, issue bonds for, improve, and convey |
---|
106 | 103 | | to this state, a county, or a municipality for operation and |
---|
107 | 104 | | maintenance macadamized, graveled, or paved roads or improvements, |
---|
108 | 105 | | including storm drainage, in aid of those roads. |
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109 | 106 | | Sec. 7991.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
---|
110 | 107 | | project must meet all applicable construction standards, zoning and |
---|
111 | 108 | | subdivision requirements, and regulations of each municipality in |
---|
112 | 109 | | whose corporate limits or extraterritorial jurisdiction the road |
---|
113 | 110 | | project is located. |
---|
114 | 111 | | (b) If a road project is not located in the corporate limits |
---|
115 | 112 | | or extraterritorial jurisdiction of a municipality, the road |
---|
116 | 113 | | project must meet all applicable construction standards, |
---|
117 | 114 | | subdivision requirements, and regulations of each county in which |
---|
118 | 115 | | the road project is located. |
---|
119 | 116 | | (c) If the state will maintain and operate the road, the |
---|
120 | 117 | | Texas Transportation Commission must approve the plans and |
---|
121 | 118 | | specifications of the road project. |
---|
122 | 119 | | Sec. 7991.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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123 | 120 | | OR RESOLUTION. The district shall comply with all applicable |
---|
124 | 121 | | requirements of any ordinance or resolution that is adopted under |
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125 | 122 | | Section 54.016 or 54.0165, Water Code, and that consents to the |
---|
126 | 123 | | creation of the district or to the inclusion of land in the |
---|
127 | 124 | | district. |
---|
128 | 125 | | Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may |
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129 | 126 | | be divided into two or more new districts only if: |
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130 | 127 | | (1) the district has no outstanding bonded debt; |
---|
131 | 128 | | (2) the district is not imposing ad valorem taxes; and |
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132 | 129 | | (3) the requirements of Subsection (k) have been met. |
---|
133 | 130 | | (b) This chapter applies to any new district created by the |
---|
134 | 131 | | division of the district, and a new district has all the powers and |
---|
135 | 132 | | duties of the district. |
---|
136 | 133 | | (c) Any new district created by the division of the district |
---|
137 | 134 | | may not, at the time the new district is created, contain any land |
---|
139 | 136 | | chapter. |
---|
140 | 137 | | (d) The board, on its own motion or on receipt of a petition |
---|
141 | 138 | | signed by the owner or owners of a majority of the assessed value of |
---|
142 | 139 | | the real property in the district, may adopt an order dividing the |
---|
143 | 140 | | district. |
---|
144 | 141 | | (e) The board may adopt an order dividing the district |
---|
145 | 142 | | before or after the date the board holds an election under Section |
---|
146 | 143 | | 7991.003 to confirm the creation of the district. |
---|
147 | 144 | | (f) An order dividing the district shall: |
---|
148 | 145 | | (1) name each new district; |
---|
149 | 146 | | (2) include the metes and bounds description of the |
---|
150 | 147 | | territory of each new district; |
---|
151 | 148 | | (3) appoint temporary directors for each new district; |
---|
152 | 149 | | and |
---|
153 | 150 | | (4) provide for the division of assets and liabilities |
---|
154 | 151 | | between or among the new districts. |
---|
155 | 152 | | (g) On or before the 30th day after the date of adoption of |
---|
156 | 153 | | an order dividing the district, the district shall file the order |
---|
157 | 154 | | with the commission and record the order in the real property |
---|
158 | 155 | | records of each county in which the district is located. |
---|
159 | 156 | | (h) Any new district created by the division of the district |
---|
160 | 157 | | shall hold a confirmation and directors' election as required by |
---|
161 | 158 | | Section 7991.003. |
---|
162 | 159 | | (i) If the creation of the new district is confirmed, the |
---|
163 | 160 | | new district shall provide the election date and results to the |
---|
164 | 161 | | commission. |
---|
165 | 162 | | (j) Any new district created by the division of the district |
---|
166 | 163 | | must hold an election as required by this chapter to obtain voter |
---|
167 | 164 | | approval before the district may impose a maintenance tax or issue |
---|
168 | 165 | | bonds payable wholly or partly from ad valorem taxes. |
---|
169 | 166 | | (k) If the district is located wholly or partly in the |
---|
170 | 167 | | corporate limits or the extraterritorial jurisdiction of a |
---|
171 | 168 | | municipality, the district may not divide under this section unless |
---|
172 | 169 | | the municipality by resolution or ordinance consents to the |
---|
173 | 170 | | division of the district. If the district is not located wholly or |
---|
174 | 171 | | partly in the corporate limits or extraterritorial jurisdiction of |
---|
175 | 172 | | a municipality, the district may not divide under this section |
---|
176 | 173 | | unless the commissioners court of each county in which the district |
---|
177 | 174 | | is wholly or partly located adopts a resolution or order consenting |
---|
178 | 175 | | to the division of the district. |
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179 | 176 | | Sec. 7991.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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180 | 177 | | district may not exercise the power of eminent domain outside the |
---|
181 | 178 | | district to acquire a site or easement for: |
---|
182 | 179 | | (1) a road project authorized by Section 7991.103; or |
---|
183 | 180 | | (2) a recreational facility as defined by Section |
---|
184 | 181 | | 49.462, Water Code. |
---|
185 | 182 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
186 | 183 | | Sec. 7991.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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187 | 184 | | district may issue, without an election, bonds and other |
---|
188 | 185 | | obligations secured by revenue other than ad valorem taxes. |
---|
189 | 186 | | (b) The district must hold an election in the manner |
---|
190 | 187 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
191 | 188 | | before the district may impose an ad valorem tax or issue bonds |
---|
192 | 189 | | payable from ad valorem taxes. |
---|
193 | 190 | | (c) The district may not issue bonds payable from ad valorem |
---|
194 | 191 | | taxes to finance a road project unless the issuance is approved by a |
---|
195 | 192 | | vote of a two-thirds majority of the district voters voting at an |
---|
196 | 193 | | election held for that purpose. |
---|
197 | 194 | | Sec. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If |
---|
198 | 195 | | authorized at an election held under Section 7991.151, the district |
---|
199 | 196 | | may impose an operation and maintenance tax on taxable property in |
---|
200 | 197 | | the district in accordance with Section 49.107, Water Code. |
---|
201 | 198 | | (b) The board shall determine the tax rate. The rate may not |
---|
202 | 199 | | exceed the rate approved at the election. |
---|
203 | 200 | | Sec. 7991.153. CONTRACT TAXES. (a) In accordance with |
---|
204 | 201 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
205 | 202 | | an operation and maintenance tax and use the revenue derived from |
---|
206 | 203 | | the tax to make payments under a contract after the provisions of |
---|
207 | 204 | | the contract have been approved by a majority of the district voters |
---|
208 | 205 | | voting at an election held for that purpose. |
---|
209 | 206 | | (b) A contract approved by the district voters may contain a |
---|
210 | 207 | | provision stating that the contract may be modified or amended by |
---|
211 | 208 | | the board without further voter approval. |
---|
212 | 209 | | Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any |
---|
213 | 210 | | other law, the district shall establish the same rates for |
---|
214 | 211 | | residential and commercial classes of customers for the provision |
---|
215 | 212 | | of water and sewer services. For purposes of this section, the |
---|
216 | 213 | | commercial class may not include apartment complexes or other |
---|
217 | 214 | | multifamily dwellings. |
---|
218 | 215 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
219 | 216 | | Sec. 7991.201. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
220 | 217 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
221 | 218 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
222 | 219 | | revenue, contract payments, grants, or other district money, or any |
---|
223 | 220 | | combination of those sources, to pay for any authorized district |
---|
224 | 221 | | purpose. |
---|
225 | 222 | | Sec. 7991.202. TAXES FOR BONDS. At the time the district |
---|
226 | 223 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
227 | 224 | | board shall provide for the annual imposition of a continuing |
---|
228 | 225 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
229 | 226 | | or part of the bonds are outstanding as required and in the manner |
---|
230 | 227 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
231 | 228 | | Sec. 7991.203. BONDS FOR ROAD PROJECTS. At the time of |
---|
232 | 229 | | issuance, the total principal amount of bonds or other obligations |
---|
233 | 230 | | issued or incurred to finance road projects and payable from ad |
---|
234 | 231 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
235 | 232 | | real property in the district. |
---|
236 | 233 | | SECTION 2. The River Ranch Municipal Utility District of |
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237 | 234 | | Liberty County initially includes all the territory contained in |
---|
238 | 235 | | the following area: |
---|
256 | | - | 1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the |
---|
257 | | - | most northerly line of said called 7450.588 acre tract and the south |
---|
258 | | - | line of said called 17.56 acre tract, for a distance of 2,611.49 |
---|
259 | | - | feet (called 2,601.00 feet), to a found one half inch iron rod |
---|
260 | | - | (disturbed) for an angle point; |
---|
261 | | - | 2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing |
---|
262 | | - | along the northerly line of said called 7450.588 acre tract and the |
---|
263 | | - | south line of said called 17.56 acre tract, for a distance of 74.68 |
---|
264 | | - | feet (called 74.54 feet) to a found one half inch iron rod |
---|
265 | | - | (disturbed) for an interior corner; |
---|
266 | | - | 3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an |
---|
267 | | - | interior corner of said called 7450.588 acre tract, for a distance |
---|
268 | | - | of 139.09 feet (called 138.89 feet), to a found one half inch iron |
---|
269 | | - | rod, marking an exterior corner of said called 7450.58 acre tract; |
---|
270 | | - | 4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an |
---|
271 | | - | exterior line of said called 7450.588 acre tract, a distance of |
---|
272 | | - | 1038.04 feet to a found two inch iron pipe (disturbed); |
---|
273 | | - | 5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing |
---|
274 | | - | along an exterior line of said called 7450.588 acre tract a distance |
---|
275 | | - | of 6578.98 feet to a found two inch iron pipe; |
---|
276 | | - | 6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing |
---|
277 | | - | along an exterior line of said called 7450.588 acre tract a distance |
---|
278 | | - | of 139.61 feet to a found two inch iron pipe; |
---|
279 | | - | 7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing |
---|
280 | | - | along an exterior line of said called 7450.588 acre tract a distance |
---|
281 | | - | of 7238.81 feet to a found two inch iron pipe in the westerly |
---|
282 | | - | right-of-way line of Liberty County Road Number 455; |
---|
283 | | - | 8. THENCE, South 15 degrees 26 minutes 45 seconds East along said |
---|
284 | | - | westerly right-of-way line of Liberty County Road Number 455, a |
---|
285 | | - | distance of 1458.52 feet to a found two inch iron pipe; |
---|
286 | | - | 9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance |
---|
287 | | - | of 61.66 feet to a found one half inch iron rod with cap 'BHA' |
---|
288 | | - | marking the north west corner of a called 2.67 acres as recorded in |
---|
289 | | - | Liberty County Clerks (LCCFN) 2012007988; |
---|
290 | | - | 10. THENCE, South 15 degrees 08 minutes 32 seconds East along the |
---|
291 | | - | west line of said called 2.67 acres, a distance of 770.50 feet to an |
---|
292 | | - | angle point; |
---|
293 | | - | 11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance |
---|
294 | | - | of 349.09 feet to a found one and one half inch iron pipe marking the |
---|
295 | | - | northeast corner of a called 4.113 acres LCCFN 20108323; |
---|
296 | | - | 12. THENCE, North 89 degrees 38 minutes 50 seconds West along the |
---|
297 | | - | northerly line of said a called 4.113 acres, a distance of 631.10 |
---|
298 | | - | feet to a found one half inch iron rod with cap '5068'; |
---|
299 | | - | 13. THENCE, South 03 degrees 14 minutes 43 seconds East along the |
---|
300 | | - | westerly line of said a called 4.113 acres, a distance of 238.21 |
---|
301 | | - | feet to a found one and one half inch iron pipe; |
---|
302 | | - | 14. THENCE, South 77 degrees 57 minutes 13 seconds East along the |
---|
303 | | - | southerly line of said a called 4.113 acres a distance of 100.90 |
---|
304 | | - | feet to the northerly line of called Possible Conflict Area in LCCFN |
---|
305 | | - | 20078486; |
---|
306 | | - | 15. THENCE, South 87 degrees 10 minutes 33 seconds West along the |
---|
307 | | - | northerly line of called Possible Conflict Area, a distance of |
---|
308 | | - | 1866.59 feet to a found one and one half inch iron pipe (destroyed); |
---|
309 | | - | 16. THENCE, South 03 degrees 22 minutes 15 seconds East along the |
---|
310 | | - | westerly line of called Possible Conflict Area, a distance of |
---|
311 | | - | 103.25 feet to a 'Boat Spike in Concrete' marking the fenced |
---|
312 | | - | northerly of Hilton tract as recorded at LCCFN 20078486; |
---|
313 | | - | 17. THENCE, South 02 degrees 53 minutes 32 seconds East along the |
---|
314 | | - | said Hilton tract, a distance of 3361.75 feet to a found one and one |
---|
315 | | - | half inch rod being in the north line of 1454.19 acre tract |
---|
316 | | - | described in Volume 1307, Page 88 of the Deed Records of Liberty |
---|
317 | | - | County (DRLC); |
---|
318 | | - | 18. THENCE, South 87 degrees 17 minutes 29 seconds West along the |
---|
319 | | - | north line of said 1454.19 acre tract a distance of 463.43 feet to a |
---|
320 | | - | found one and one half inch rod; |
---|
321 | | - | 19. THENCE, South 03 degrees 53 minutes 48 seconds East along the |
---|
322 | | - | west line of said 1454.19 acre tract, and the west line of that |
---|
323 | | - | certain called 473.221 acre tract described in Volume 1933, Page |
---|
324 | | - | 384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe |
---|
325 | | - | marking the southwest corner of said 473.221 acre tract; |
---|
326 | | - | 20. THENCE, North 85 degrees 18 minutes 55 seconds East along the |
---|
327 | | - | south line of said 473.221 acre tract, a distance of 1570.06 feet to |
---|
328 | | - | found two and one half inch iron pipe; |
---|
329 | | - | 21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing |
---|
330 | | - | along said south line of said 473.221 acre tract, a distance of |
---|
331 | | - | 1730.86 feet to a found five eighths inch iron rod in northwesterly |
---|
332 | | - | right-of-way line of the Coastal Industrial Water Authority Canal; |
---|
333 | | - | THENCE along and with said Coastal Industrial Water Authority Canal |
---|
334 | | - | right-of-way, the following six (6) courses: |
---|
| 254 | + | 1. THENCE, North 58 degrees 04 minutes 55 seconds East, |
---|
| 255 | + | along the most northerly line of said called 7450.588 acre tract and |
---|
| 256 | + | the south line of said called 17.56 acre tract, for a distance of |
---|
| 257 | + | 2,611.49 feet (called 2,601.00 feet), to a found one half inch iron |
---|
| 258 | + | rod (disturbed) for an angle point; |
---|
| 259 | + | 2. THENCE, North 87 degrees 23 minutes 42 seconds East, |
---|
| 260 | + | continuing along the northerly line of said called 7450.588 acre |
---|
| 261 | + | tract and the south line of said called 17.56 acre tract, for a |
---|
| 262 | + | distance of 74.68 feet (called 74.54 feet) to a found one half inch |
---|
| 263 | + | iron rod (disturbed) for an interior corner; |
---|
| 264 | + | 3. THENCE, North 02 degrees 41 minutes 57 seconds West, |
---|
| 265 | + | along an interior corner of said called 7450.588 acre tract, for a |
---|
| 266 | + | distance of 139.09 feet (called 138.89 feet), to a found one half |
---|
| 267 | + | inch iron rod, marking an exterior corner of said called 7450.58 |
---|
| 268 | + | acre tract; |
---|
| 269 | + | 4. THENCE, North 87 degrees 27 minutes 21 seconds East, |
---|
| 270 | + | along an exterior line of said called 7450.588 acre tract, a |
---|
| 271 | + | distance of 1038.04 feet to a found two inch iron pipe (disturbed); |
---|
| 272 | + | 5. THENCE, North 87 degrees 20 minutes 53 seconds East |
---|
| 273 | + | continuing along an exterior line of said called 7450.588 acre |
---|
| 274 | + | tract a distance of 6578.98 feet to a found two inch iron pipe; |
---|
| 275 | + | 6. THENCE, South 02 degrees 39 minutes 21 seconds East |
---|
| 276 | + | continuing along an exterior line of said called 7450.588 acre |
---|
| 277 | + | tract a distance of 139.61 feet to a found two inch iron pipe; |
---|
| 278 | + | 7. THENCE, North 87 degrees 16 minutes 21 seconds East |
---|
| 279 | + | continuing along an exterior line of said called 7450.588 acre |
---|
| 280 | + | tract a distance of 7238.81 feet to a found two inch iron pipe in the |
---|
| 281 | + | westerly right-of-way line of Liberty County Road Number 455; |
---|
| 282 | + | 8. THENCE, South 15 degrees 26 minutes 45 seconds East along |
---|
| 283 | + | said westerly right-of-way line of Liberty County Road Number 455, |
---|
| 284 | + | a distance of 1458.52 feet to a found two inch iron pipe; |
---|
| 285 | + | 9. THENCE, North 86 degrees 22 minutes 33 seconds East a |
---|
| 286 | + | distance of 61.66 feet to a found one half inch iron rod with |
---|
| 287 | + | cap 'BHA' marking the north west corner of a called 2.67 acres as |
---|
| 288 | + | recorded in Liberty County Clerks (LCCFN) 2012007988; |
---|
| 289 | + | 10. THENCE, South 15 degrees 08 minutes 32 seconds East |
---|
| 290 | + | along the west line of said called 2.67 acres, a distance of 770.50 |
---|
| 291 | + | feet to an angle point; |
---|
| 292 | + | 11. THENCE, South 00 degrees 46 minutes 36 seconds West a |
---|
| 293 | + | distance of 349.09 feet to a found one and one half inch iron pipe |
---|
| 294 | + | marking the northeast corner of a called 4.113 acres LCCFN |
---|
| 295 | + | 20108323; |
---|
| 296 | + | 12. THENCE, North 89 degrees 38 minutes 50 seconds West |
---|
| 297 | + | along the northerly line of said a called 4.113 acres, a distance of |
---|
| 298 | + | 631.10 feet to a found one half inch iron rod with cap '5068'; |
---|
| 299 | + | 13. THENCE, South 03 degrees 14 minutes 43 seconds East |
---|
| 300 | + | along the westerly line of said a called 4.113 acres, a distance of |
---|
| 301 | + | 238.21 feet to a found one and one half inch iron pipe; |
---|
| 302 | + | 14. THENCE, South 77 degrees 57 minutes 13 seconds East |
---|
| 303 | + | along the southerly line of said a called 4.113 acres a distance of |
---|
| 304 | + | 100.90 feet to the northerly line of called Possible Conflict Area |
---|
| 305 | + | in LCCFN 20078486; |
---|
| 306 | + | 15. THENCE, South 87 degrees 10 minutes 33 seconds West |
---|
| 307 | + | along the northerly line of called Possible Conflict Area, a |
---|
| 308 | + | distance of 1866.59 feet to a found one and one half inch iron pipe |
---|
| 309 | + | (destroyed); |
---|
| 310 | + | 16. THENCE, South 03 degrees 22 minutes 15 seconds East |
---|
| 311 | + | along the westerly line of called Possible Conflict Area, a |
---|
| 312 | + | distance of 103.25 feet to a 'Boat Spike in Concrete' marking the |
---|
| 313 | + | fenced northerly of Hilton tract as recorded at LCCFN 20078486; |
---|
| 314 | + | 17. THENCE, South 02 degrees 53 minutes 32 seconds East |
---|
| 315 | + | along the said Hilton tract, a distance of 3361.75 feet to a found |
---|
| 316 | + | one and one half inch rod being in the north line of 1454.19 acre |
---|
| 317 | + | tract described in Volume 1307, Page 88 of the Deed Records of |
---|
| 318 | + | Liberty County (DRLC); |
---|
| 319 | + | 18. THENCE, South 87 degrees 17 minutes 29 seconds West |
---|
| 320 | + | along the north line of said 1454.19 acre tract a distance of 463.43 |
---|
| 321 | + | feet to a found one and one half inch rod; |
---|
| 322 | + | 19. THENCE, South 03 degrees 53 minutes 48 seconds East |
---|
| 323 | + | along the west line of said 1454.19 acre tract, and the west line of |
---|
| 324 | + | that certain called 473.221 acre tract described in Volume 1933, |
---|
| 325 | + | Page 384 DRLC, a distance of 11,157.52 feet to found two inch iron |
---|
| 326 | + | pipe marking the southwest corner of said 473.221 acre tract; |
---|
| 327 | + | 20. THENCE, North 85 degrees 18 minutes 55 seconds East |
---|
| 328 | + | along the south line of said 473.221 acre tract, a distance of |
---|
| 329 | + | 1570.06 feet to found two and one half inch iron pipe; |
---|
| 330 | + | 21. THENCE, North 85 degrees 03 minutes 56 seconds East |
---|
| 331 | + | continuing along said south line of said 473.221 acre tract, a |
---|
| 332 | + | distance of 1730.86 feet to a found five eighths inch iron rod in |
---|
| 333 | + | northwesterly right-of-way line of the Coastal Industrial Water |
---|
| 334 | + | Authority Canal; |
---|
| 335 | + | THENCE along and with said Coastal Industrial Water Authority |
---|
| 336 | + | Canal right-of-way, the following six (6) courses: |
---|
352 | 354 | | 1) THENCE, South 58 degrees 09 minutes 08 seconds West a |
---|
353 | 355 | | distance of 15.75 feet to an angle point; |
---|
354 | 356 | | 2) THENCE, North 64 degrees 44 minutes 18 seconds West a |
---|
355 | 357 | | distance of 91.26 feet to an angle point; |
---|
356 | 358 | | 3) THENCE, North 32 degrees 00 minutes 26 seconds West a |
---|
357 | 359 | | distance of 136.24 feet to an angle point; |
---|
358 | 360 | | 4) THENCE, South 66 degrees 19 minutes 52 seconds West a |
---|
359 | 361 | | distance of 64.65 feet to an angle point; |
---|
360 | 362 | | 5) THENCE, North 43 degrees 26 minutes 23 seconds West a |
---|
361 | 363 | | distance of 46.30 feet to an angle point; |
---|
362 | 364 | | 6) THENCE, North 29 degrees 49 minutes 53 seconds West a |
---|
363 | 365 | | distance of 59.08 feet to an angle point; |
---|
364 | 366 | | 7) THENCE, North 06 degrees 18 minutes 15 seconds East a |
---|
365 | 367 | | distance of 37.01 feet to an angle point; |
---|
366 | 368 | | 8) THENCE, North 23 degrees 39 minutes 11 seconds East a |
---|
367 | 369 | | distance of 52.62 feet to an angle point; |
---|
368 | 370 | | 9) THENCE, North 31 degrees 33 minutes 27 seconds East a |
---|
369 | 371 | | distance of 77.59 feet to an angle point; |
---|
370 | 372 | | 10) THENCE, North 13 degrees 09 minutes 50 seconds East a |
---|
371 | 373 | | distance of 87.73 feet to an angle point; |
---|
372 | 374 | | 11) THENCE, North 20 degrees 07 minutes 22 seconds West a |
---|
373 | 375 | | distance of 11.17 feet to an angle point; |
---|
374 | 376 | | 12) THENCE, North 59 degrees 01 minutes 35 seconds West a |
---|
375 | 377 | | distance of 62.45 feet to an angle point; |
---|
376 | 378 | | 13) THENCE, North 46 degrees 03 minutes 11 seconds West a |
---|
377 | 379 | | distance of 30.31 feet to an angle point; |
---|
378 | 380 | | 14) THENCE, North 14 degrees 26 minutes 18 seconds East a |
---|
379 | 381 | | distance of 104.09 feet to an angle point; |
---|
380 | 382 | | 15) THENCE, North 27 degrees 55 minutes 38 seconds West a |
---|
381 | 383 | | distance of 38.19 feet to an angle point; |
---|
382 | 384 | | 16) THENCE, North 36 degrees 17 minutes 37 seconds West a |
---|
383 | 385 | | distance of 60.70 feet to an angle point; |
---|
384 | 386 | | 17) THENCE, North 35 degrees 26 minutes 18 seconds East a |
---|
385 | 387 | | distance of 23.80 feet to an angle point; |
---|
386 | 388 | | 18) THENCE, North 69 degrees 01 minutes 02 seconds East a |
---|
387 | 389 | | distance of 165.04 feet to an angle point; |
---|
388 | 390 | | 19) THENCE, North 43 degrees 19 minutes 31 seconds East a |
---|
389 | 391 | | distance of 21.99 feet to an angle point; |
---|
390 | 392 | | 20) THENCE, North 16 degrees 10 minutes 24 seconds East a |
---|
391 | 393 | | distance of 46.70 feet to an angle point; |
---|
392 | 394 | | 21) THENCE, North 17 degrees 01 minutes 36 seconds West a |
---|
393 | 395 | | distance of 86.60 feet to an angle point; |
---|
394 | 396 | | 22) THENCE, North 08 degrees 32 minutes 02 seconds West a |
---|
395 | 397 | | distance of 87.59 feet to an angle point; |
---|
396 | 398 | | 23) THENCE, North 10 degrees 49 minutes 06 seconds East a |
---|
397 | 399 | | distance of 19.61 feet to an angle point; |
---|
398 | 400 | | 24) THENCE, North 69 degrees 03 minutes 33 seconds East a |
---|
399 | 401 | | distance of 16.49 feet to an angle point; |
---|
400 | 402 | | 25) THENCE, South 63 degrees 21 minutes 41 seconds East a |
---|
401 | 403 | | distance of 123.98 feet to an angle point; |
---|
402 | 404 | | 26) THENCE, North 84 degrees 00 minutes 08 seconds East a |
---|
403 | 405 | | distance of 46.55 feet to an angle point; |
---|
404 | 406 | | 27) THENCE, North 25 degrees 09 minutes 01 seconds East a |
---|
405 | 407 | | distance of 20.14 feet to an angle point; |
---|
406 | 408 | | 28) THENCE, North 15 degrees 23 minutes 39 seconds East a |
---|
407 | 409 | | distance of 22.11 feet to an angle point; |
---|
408 | 410 | | 29) THENCE, North 66 degrees 13 minutes 45 seconds East a |
---|
409 | 411 | | distance of 41.01 feet to an angle point; |
---|
410 | 412 | | 30) THENCE, North 84 degrees 10 minutes 10 seconds East a |
---|
411 | 413 | | distance of 43.69 feet to an angle point; |
---|
412 | 414 | | 31) THENCE, South 68 degrees 10 minutes 57 seconds East a |
---|
413 | 415 | | distance of 121.53 feet to an angle point; |
---|
414 | 416 | | 32) THENCE, North 84 degrees 58 minutes 51 seconds East a |
---|
415 | 417 | | distance of 22.29 feet to an angle point; |
---|
416 | 418 | | 33) THENCE, North 63 degrees 25 minutes 30 seconds East a |
---|
417 | 419 | | distance of 23.15 feet to an angle point; |
---|
418 | 420 | | 34) THENCE, North 07 degrees 58 minutes 23 seconds East a |
---|
419 | 421 | | distance of 38.31 feet to an angle point; |
---|
420 | 422 | | 35) THENCE, North 02 degrees 03 minutes 41 seconds East a |
---|
421 | 423 | | distance of 53.18 feet to an angle point; |
---|
422 | 424 | | 36) THENCE, North 32 degrees 30 minutes 05 seconds East a |
---|
423 | 425 | | distance of 130.71 feet to an angle point; |
---|
424 | 426 | | 37) THENCE, North 47 degrees 36 minutes 35 seconds East a |
---|
425 | 427 | | distance of 110.53 feet to an angle point; |
---|
426 | 428 | | 38) THENCE, North 04 degrees 43 minutes 59 seconds West a |
---|
427 | 429 | | distance of 30.78 feet to an angle point; |
---|
428 | 430 | | 39) THENCE, North 33 degrees 31 minutes 55 seconds West a |
---|
429 | 431 | | distance of 26.08 feet to an angle point; |
---|
430 | 432 | | 40) THENCE, North 39 degrees 08 minutes 01 seconds West a |
---|
431 | 433 | | distance of 66.79 feet to an angle point; |
---|
432 | 434 | | 41) THENCE, North 22 degrees 19 minutes 44 seconds East a |
---|
433 | 435 | | distance of 38.56 feet to an angle point; |
---|
434 | 436 | | 42) THENCE, North 54 degrees 43 minutes 58 seconds East a |
---|
435 | 437 | | distance of 38.32 feet to an angle point; |
---|
436 | 438 | | 43) THENCE, South 65 degrees 09 minutes 17 seconds East a |
---|
437 | 439 | | distance of 103.31 feet to an angle point; |
---|
438 | 440 | | 44) THENCE, North 28 degrees 04 minutes 20 seconds East a |
---|
439 | 441 | | distance of 37.48 feet to an angle point; |
---|
440 | 442 | | 45) THENCE, North 08 degrees 48 minutes 54 seconds East a |
---|
441 | 443 | | distance of 114.60 feet to an angle point; |
---|
442 | 444 | | 46) THENCE, North 21 degrees 43 minutes 04 seconds East a |
---|
443 | 445 | | distance of 107.20 feet to an angle point; |
---|
444 | 446 | | 47) THENCE, North 55 degrees 52 minutes 47 seconds West a |
---|
445 | 447 | | distance of 19.09 feet to an angle point; |
---|
446 | 448 | | 48) THENCE, North 80 degrees 47 minutes 51 seconds West a |
---|
447 | 449 | | distance of 84.42 feet to an angle point; |
---|
448 | 450 | | 49) THENCE, South 70 degrees 45 minutes 49 seconds West a |
---|
449 | 451 | | distance of 98.65 feet to an angle point; |
---|
450 | 452 | | 50) THENCE, North 08 degrees 27 minutes 34 seconds West a |
---|
451 | 453 | | distance of 74.91 feet to an angle point; |
---|
452 | 454 | | 51) THENCE, North 42 degrees 34 minutes 37 seconds West a |
---|
453 | 455 | | distance of 55.08 feet to an angle point; |
---|
454 | 456 | | 52) THENCE, North 03 degrees 20 minutes 32 seconds West a |
---|
455 | 457 | | distance of 134.32 feet to an angle point; |
---|
456 | 458 | | 53) THENCE, North 10 degrees 41 minutes 17 seconds West a |
---|
457 | 459 | | distance of 227.57 feet to an angle point; |
---|
458 | 460 | | 54) THENCE, North 60 degrees 20 minutes 56 seconds East a |
---|
459 | 461 | | distance of 77.08 feet to an angle point; |
---|
460 | 462 | | 55) THENCE, North 44 degrees 11 minutes 48 seconds East a |
---|
461 | 463 | | distance of 40.40 feet to an angle point; |
---|
462 | 464 | | 56) THENCE, North 26 degrees 03 minutes 04 seconds West a |
---|
463 | 465 | | distance of 73.67 feet to an angle point; |
---|
464 | 466 | | 57) THENCE, North 24 degrees 08 minutes 47 seconds East a |
---|
465 | 467 | | distance of 73.80 feet to an angle point; |
---|
466 | 468 | | 58) THENCE, North 36 degrees 57 minutes 07 seconds East a |
---|
467 | 469 | | distance of 178.12 feet to an angle point; |
---|
468 | 470 | | 59) THENCE, North 16 degrees 05 minutes 57 seconds West a |
---|
469 | 471 | | distance of 84.97 feet to an angle point; |
---|
470 | 472 | | 60) THENCE, North 01 degrees 11 minutes 32 seconds East a |
---|
471 | 473 | | distance of 125.69 feet to an angle point; |
---|
472 | 474 | | 61) THENCE, North 83 degrees 06 minutes 00 seconds East a |
---|
473 | 475 | | distance of 28.45 feet to an angle point; |
---|
474 | 476 | | 62) THENCE, North 04 degrees 15 minutes 12 seconds West a |
---|
475 | 477 | | distance of 338.20 feet to an angle point; |
---|
476 | 478 | | 63) THENCE, North 16 degrees 11 minutes 51 seconds West a |
---|
477 | 479 | | distance of 34.92 feet to an angle point; |
---|
478 | 480 | | 64) THENCE, North 73 degrees 51 minutes 47 seconds West a |
---|
479 | 481 | | distance of 50.61 feet to an angle point; |
---|
480 | 482 | | 65) THENCE, South 87 degrees 32 minutes 41 seconds West a |
---|
481 | 483 | | distance of 68.54 feet to the most southerly corner of that certain |
---|
482 | 484 | | called 22.50 acre tract described in Volume 1619, page 569 of the |
---|
483 | 485 | | DRLC; |
---|
517 | | - | distance of 877.17 feet to a found five eighths inch iron rod with |
---|
518 | | - | cap 'BHA INC'; |
---|
519 | | - | 31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing |
---|
520 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
521 | | - | distance of 161.98 feet to a found five eighths inch iron rod with |
---|
522 | | - | cap 'BHA INC'; |
---|
523 | | - | 32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing |
---|
524 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
525 | | - | distance of 151.08 feet to a found five eighths inch iron rod with |
---|
526 | | - | cap 'BHA INC'; |
---|
527 | | - | 33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing |
---|
528 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
529 | | - | distance of 156.34 feet to a found five eighths inch iron rod with |
---|
530 | | - | cap 'BHA INC'; |
---|
531 | | - | 34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing |
---|
532 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
533 | | - | distance of 661.76 feet to a found five eighths inch iron rod with |
---|
534 | | - | cap 'BHA INC'; |
---|
535 | | - | 35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing |
---|
536 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
537 | | - | distance of 811.33 feet to a found five eighths inch iron rod with |
---|
538 | | - | cap 'BHA INC'; |
---|
539 | | - | 36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing |
---|
540 | | - | along the northerly line of said called 326.1099 acre tract, a |
---|
541 | | - | distance of 1865.29 feet to a found five eighths inch iron rod with |
---|
542 | | - | cap 'BHA INC' the most westerly northwest corner of said called |
---|
543 | | - | 326.1099 acre tract; |
---|
544 | | - | 37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance |
---|
545 | | - | of 1137.99 feet a found one half inch iron rod for the most westerly |
---|
546 | | - | northwest corner of said called 326.1099 acre tract; |
---|
547 | | - | 38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance |
---|
548 | | - | of 448.39 feet to a found five eighths inch iron rod with cap 'BHA |
---|
549 | | - | INC'; |
---|
550 | | - | 39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance |
---|
551 | | - | of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA |
---|
552 | | - | INC' in east right-of-way line of State Highway Number 146; |
---|
553 | | - | THENCE, along and with said east right-of-way line of State Highway |
---|
554 | | - | Number 146, the following nine (9) courses: |
---|
555 | | - | 1) THENCE, North 11 degrees 11 minutes 04 seconds West a |
---|
556 | | - | distance of 10062.63 feet to a TXDoT type ll monument for the point |
---|
557 | | - | of curvature of a curve to the right; |
---|
558 | | - | 2) THENCE, an arc distance of 1298.55 feet along a curve to |
---|
559 | | - | the right, said curve having a radius of 22803.27 feet and a chord |
---|
560 | | - | direction and distance of North 09 degrees 32 minutes 08 seconds |
---|
561 | | - | West 1298.37 feet to a TXDoT type ll monument (disturbed); |
---|
562 | | - | 3) THENCE, North 07 degrees 55 minutes 26 seconds West a |
---|
563 | | - | distance of 2291.62 feet to a TXDoT type ll monument for the point |
---|
564 | | - | of curvature of a curve to the left; |
---|
| 515 | + | distance of 620.57 feet to an angle point; |
---|
| 516 | + | 30. THENCE, South 57 degrees 47 minutes 53 seconds West |
---|
| 517 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 518 | + | tract, a distance of 877.05 feet to an angle point; |
---|
| 519 | + | 31. THENCE, South 58 degrees 40 minutes 55 seconds West |
---|
| 520 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 521 | + | tract, a distance of 161.92 feet to an angle point; |
---|
| 522 | + | 32. THENCE, South 68 degrees 29 minutes 27 seconds West |
---|
| 523 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 524 | + | tract, a distance of 151.09 feet to an angle point; |
---|
| 525 | + | 33. THENCE, South 59 degrees 21 minutes 25 seconds West |
---|
| 526 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 527 | + | tract, a distance of 156.26 feet to an angle point; |
---|
| 528 | + | 34. THENCE, South 56 degrees 32 minutes 08 seconds West |
---|
| 529 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 530 | + | tract, a distance of 661.70 feet to an angle point; |
---|
| 531 | + | 35. THENCE, South 57 degrees 20 minutes 35 seconds West |
---|
| 532 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 533 | + | tract, a distance of 811.26 feet to an angle point; |
---|
| 534 | + | 36. THENCE, South 57 degrees 06 minutes 11 seconds West |
---|
| 535 | + | continuing along the northerly line of said called 326.1099 acre |
---|
| 536 | + | tract, a distance of 1865.19 feet to the most westerly northwest |
---|
| 537 | + | corner of said called 326.1099 acre tract to an angle point; |
---|
| 538 | + | 37. THENCE, South 56 degrees 57 minutes 10 seconds West a |
---|
| 539 | + | distance of 1138.04 feet most westerly northwest corner of said |
---|
| 540 | + | called 326.1099 acre tract; |
---|
| 541 | + | 38. THENCE, South 33 degrees 26 minutes 01 seconds East a |
---|
| 542 | + | distance of 448.40 feet to an angle point; |
---|
| 543 | + | 39. THENCE, South 56 degrees 52 minutes 59 seconds West a |
---|
| 544 | + | distance of 1149.47 feet to east right-of-way line of State Highway |
---|
| 545 | + | Number 146; |
---|
| 546 | + | THENCE, along and with said east right-of-way line of State |
---|
| 547 | + | Highway Number 146, the following nine (9) courses: |
---|
| 548 | + | 1) THENCE, North 11 degrees 10 minutes 42 seconds West, a |
---|
| 549 | + | distance of 10,070.99 feet to the point of curvature of a curve to |
---|
| 550 | + | the right; |
---|
| 551 | + | 2) THENCE, an arc distance of 1299.69 feet along a curve to |
---|
| 552 | + | the right, said curve having a radius of 22803.32 feet and a chord |
---|
| 553 | + | direction and distance of North 09 degrees 32 minutes 43 seconds |
---|
| 554 | + | West 1299.51 feet; |
---|
| 555 | + | 3) THENCE, North 07 degrees 54 minutes 46 seconds West a |
---|
| 556 | + | distance of 2290.52 feet to the point of curvature of a curve to the |
---|
| 557 | + | left; |
---|
589 | | - | Bearings shown hereon are based on the Texas State Plane Coordinate |
---|
590 | | - | System, South Central Zone 4204, NAD 83. |
---|
591 | | - | SECTION 3. Subtitle F, Title 6, Special District Local Laws |
---|
592 | | - | Code, is amended by adding Chapter 8012 to read as follows: |
---|
593 | | - | CHAPTER 8012. RIVERSIDE MUNICIPAL UTILITY DISTRICT OF LIBERTY |
---|
594 | | - | COUNTY |
---|
595 | | - | SUBCHAPTER A. GENERAL PROVISIONS |
---|
596 | | - | Sec. 8012.001. DEFINITIONS. In this chapter: |
---|
597 | | - | (1) "Board" means the district's board of directors. |
---|
598 | | - | (2) "Commission" means the Texas Commission on |
---|
599 | | - | Environmental Quality. |
---|
600 | | - | (3) "Director" means a board member. |
---|
601 | | - | (4) "District" means the Riverside Municipal Utility |
---|
602 | | - | District of Liberty County. |
---|
603 | | - | Sec. 8012.002. NATURE OF DISTRICT. The district is a |
---|
604 | | - | municipal utility district created under Section 59, Article XVI, |
---|
605 | | - | Texas Constitution. |
---|
606 | | - | Sec. 8012.003. CONFIRMATION AND DIRECTORS' ELECTION |
---|
607 | | - | REQUIRED. The temporary directors shall hold an election to |
---|
608 | | - | confirm the creation of the district and to elect five permanent |
---|
609 | | - | directors as provided by Section 49.102, Water Code. |
---|
610 | | - | Sec. 8012.004. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
611 | | - | temporary directors may not hold an election under Section 8012.003 |
---|
612 | | - | until each municipality in whose corporate limits or |
---|
613 | | - | extraterritorial jurisdiction the district is located has |
---|
614 | | - | consented by ordinance or resolution to the creation of the |
---|
615 | | - | district and to the inclusion of land in the district. |
---|
616 | | - | Sec. 8012.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
---|
617 | | - | The district is created to serve a public purpose and benefit. |
---|
618 | | - | (b) The district is created to accomplish the purposes of: |
---|
619 | | - | (1) a municipal utility district as provided by |
---|
620 | | - | general law and Section 59, Article XVI, Texas Constitution; and |
---|
621 | | - | (2) Section 52, Article III, Texas Constitution, that |
---|
622 | | - | relate to the construction, acquisition, or improvement of |
---|
623 | | - | macadamized, graveled, or paved roads or improvements, including |
---|
624 | | - | storm drainage, in aid of those roads. |
---|
625 | | - | Sec. 8012.006. INITIAL DISTRICT TERRITORY. (a) The |
---|
626 | | - | district is initially composed of the territory described by |
---|
627 | | - | Section 4 of the Act enacting this chapter. |
---|
628 | | - | (b) The boundaries and field notes contained in Section 4 of |
---|
629 | | - | the Act enacting this chapter form a closure. A mistake made in the |
---|
630 | | - | field notes or in copying the field notes in the legislative process |
---|
631 | | - | does not affect the district's: |
---|
632 | | - | (1) organization, existence, or validity; |
---|
633 | | - | (2) right to issue any type of bond for the purposes |
---|
634 | | - | for which the district is created or to pay the principal of and |
---|
635 | | - | interest on a bond; |
---|
636 | | - | (3) right to impose a tax; or |
---|
637 | | - | (4) legality or operation. |
---|
638 | | - | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
639 | | - | Sec. 8012.051. GOVERNING BODY; TERMS. (a) The district is |
---|
640 | | - | governed by a board of five elected directors. |
---|
641 | | - | (b) Except as provided by Section 8012.052, directors serve |
---|
642 | | - | staggered four-year terms. |
---|
643 | | - | Sec. 8012.052. TEMPORARY DIRECTORS. (a) The temporary |
---|
644 | | - | board consists of: |
---|
645 | | - | (1) Will King; |
---|
646 | | - | (2) Micky Redus; |
---|
647 | | - | (3) Jim Smesny; |
---|
648 | | - | (4) Dorothy Badgett; and |
---|
649 | | - | (5) Daniel Walker. |
---|
650 | | - | (b) Temporary directors serve until the earlier of: |
---|
651 | | - | (1) the date permanent directors are elected under |
---|
652 | | - | Section 8012.003; or |
---|
653 | | - | (2) September 1, 2021. |
---|
654 | | - | (c) If permanent directors have not been elected under |
---|
655 | | - | Section 8012.003 and the terms of the temporary directors have |
---|
656 | | - | expired, successor temporary directors shall be appointed or |
---|
657 | | - | reappointed as provided by Subsection (d) to serve terms that |
---|
658 | | - | expire on the earlier of: |
---|
659 | | - | (1) the date permanent directors are elected under |
---|
660 | | - | Section 8012.003; or |
---|
661 | | - | (2) the fourth anniversary of the date of the |
---|
662 | | - | appointment or reappointment. |
---|
663 | | - | (d) If Subsection (c) applies, the owner or owners of a |
---|
664 | | - | majority of the assessed value of the real property in the district |
---|
665 | | - | may submit a petition to the commission requesting that the |
---|
666 | | - | commission appoint as successor temporary directors the five |
---|
667 | | - | persons named in the petition. The commission shall appoint as |
---|
668 | | - | successor temporary directors the five persons named in the |
---|
669 | | - | petition. |
---|
670 | | - | SUBCHAPTER C. POWERS AND DUTIES |
---|
671 | | - | Sec. 8012.101. GENERAL POWERS AND DUTIES. The district has |
---|
672 | | - | the powers and duties necessary to accomplish the purposes for |
---|
673 | | - | which the district is created. |
---|
674 | | - | Sec. 8012.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
675 | | - | DUTIES. The district has the powers and duties provided by the |
---|
676 | | - | general law of this state, including Chapters 49 and 54, Water Code, |
---|
677 | | - | applicable to municipal utility districts created under Section 59, |
---|
678 | | - | Article XVI, Texas Constitution. |
---|
679 | | - | Sec. 8012.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
680 | | - | 52, Article III, Texas Constitution, the district may design, |
---|
681 | | - | acquire, construct, finance, issue bonds for, improve, and convey |
---|
682 | | - | to this state, a county, or a municipality for operation and |
---|
683 | | - | maintenance macadamized, graveled, or paved roads or improvements, |
---|
684 | | - | including storm drainage, in aid of those roads. |
---|
685 | | - | Sec. 8012.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
---|
686 | | - | project must meet all applicable construction standards, zoning and |
---|
687 | | - | subdivision requirements, and regulations of each municipality in |
---|
688 | | - | whose corporate limits or extraterritorial jurisdiction the road |
---|
689 | | - | project is located. |
---|
690 | | - | (b) If a road project is not located in the corporate limits |
---|
691 | | - | or extraterritorial jurisdiction of a municipality, the road |
---|
692 | | - | project must meet all applicable construction standards, |
---|
693 | | - | subdivision requirements, and regulations of each county in which |
---|
694 | | - | the road project is located. |
---|
695 | | - | (c) If the state will maintain and operate the road, the |
---|
696 | | - | Texas Transportation Commission must approve the plans and |
---|
697 | | - | specifications of the road project. |
---|
698 | | - | Sec. 8012.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
---|
699 | | - | OR RESOLUTION. The district shall comply with all applicable |
---|
700 | | - | requirements of any ordinance or resolution that is adopted under |
---|
701 | | - | Section 54.016 or 54.0165, Water Code, and that consents to the |
---|
702 | | - | creation of the district or to the inclusion of land in the |
---|
703 | | - | district. |
---|
704 | | - | Sec. 8012.106. DIVISION OF DISTRICT. (a) The district may |
---|
705 | | - | be divided into two or more new districts only if: |
---|
706 | | - | (1) the district has no outstanding bonded debt; |
---|
707 | | - | (2) the district is not imposing ad valorem taxes; and |
---|
708 | | - | (3) the requirements of Subsection (k) have been met. |
---|
709 | | - | (b) This chapter applies to any new district created by the |
---|
710 | | - | division of the district, and a new district has all the powers and |
---|
711 | | - | duties of the district. |
---|
712 | | - | (c) Any new district created by the division of the district |
---|
713 | | - | may not, at the time the new district is created, contain any land |
---|
714 | | - | outside the area described by Section 4 of the Act enacting this |
---|
715 | | - | chapter. |
---|
716 | | - | (d) The board, on its own motion or on receipt of a petition |
---|
717 | | - | signed by the owner or owners of a majority of the assessed value of |
---|
718 | | - | the real property in the district, may adopt an order dividing the |
---|
719 | | - | district. |
---|
720 | | - | (e) The board may adopt an order dividing the district |
---|
721 | | - | before or after the date the board holds an election under Section |
---|
722 | | - | 8012.003 to confirm the creation of the district. |
---|
723 | | - | (f) An order dividing the district shall: |
---|
724 | | - | (1) name each new district; |
---|
725 | | - | (2) include the metes and bounds description of the |
---|
726 | | - | territory of each new district; |
---|
727 | | - | (3) appoint temporary directors for each new district; |
---|
728 | | - | and |
---|
729 | | - | (4) provide for the division of assets and liabilities |
---|
730 | | - | between or among the new districts. |
---|
731 | | - | (g) On or before the 30th day after the date of adoption of |
---|
732 | | - | an order dividing the district, the district shall file the order |
---|
733 | | - | with the commission and record the order in the real property |
---|
734 | | - | records of each county in which the district is located. |
---|
735 | | - | (h) Any new district created by the division of the district |
---|
736 | | - | shall hold a confirmation and directors' election as required by |
---|
737 | | - | Section 8012.003. |
---|
738 | | - | (i) If the creation of the new district is confirmed, the |
---|
739 | | - | new district shall provide the election date and results to the |
---|
740 | | - | commission. |
---|
741 | | - | (j) Any new district created by the division of the district |
---|
742 | | - | must hold an election as required by this chapter to obtain voter |
---|
743 | | - | approval before the district may impose a maintenance tax or issue |
---|
744 | | - | bonds payable wholly or partly from ad valorem taxes. |
---|
745 | | - | (k) If the district is located wholly or partly in the |
---|
746 | | - | corporate limits or the extraterritorial jurisdiction of a |
---|
747 | | - | municipality, the district may not divide under this section unless |
---|
748 | | - | the municipality by resolution or ordinance consents to the |
---|
749 | | - | division of the district. If the district is not located wholly or |
---|
750 | | - | partly in the corporate limits or extraterritorial jurisdiction of |
---|
751 | | - | a municipality, the district may not divide under this section |
---|
752 | | - | unless the commissioners court of each county in which the district |
---|
753 | | - | is wholly or partly located adopts a resolution or order consenting |
---|
754 | | - | to the division of the district. |
---|
755 | | - | Sec. 8012.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
---|
756 | | - | district may not exercise the power of eminent domain outside the |
---|
757 | | - | district to acquire a site or easement for: |
---|
758 | | - | (1) a road project authorized by Section 8012.103; or |
---|
759 | | - | (2) a recreational facility as defined by Section |
---|
760 | | - | 49.462, Water Code. |
---|
761 | | - | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
762 | | - | Sec. 8012.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
---|
763 | | - | district may issue, without an election, bonds and other |
---|
764 | | - | obligations secured by revenue other than ad valorem taxes. |
---|
765 | | - | (b) The district must hold an election in the manner |
---|
766 | | - | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
767 | | - | before the district may impose an ad valorem tax or issue bonds |
---|
768 | | - | payable from ad valorem taxes. |
---|
769 | | - | (c) The district may not issue bonds payable from ad valorem |
---|
770 | | - | taxes to finance a road project unless the issuance is approved by a |
---|
771 | | - | vote of a two-thirds majority of the district voters voting at an |
---|
772 | | - | election held for that purpose. |
---|
773 | | - | Sec. 8012.152. OPERATION AND MAINTENANCE TAX. (a) If |
---|
774 | | - | authorized at an election held under Section 8012.151, the district |
---|
775 | | - | may impose an operation and maintenance tax on taxable property in |
---|
776 | | - | the district in accordance with Section 49.107, Water Code. |
---|
777 | | - | (b) The board shall determine the tax rate. The rate may not |
---|
778 | | - | exceed the rate approved at the election. |
---|
779 | | - | Sec. 8012.153. CONTRACT TAXES. (a) In accordance with |
---|
780 | | - | Section 49.108, Water Code, the district may impose a tax other than |
---|
781 | | - | an operation and maintenance tax and use the revenue derived from |
---|
782 | | - | the tax to make payments under a contract after the provisions of |
---|
783 | | - | the contract have been approved by a majority of the district voters |
---|
784 | | - | voting at an election held for that purpose. |
---|
785 | | - | (b) A contract approved by the district voters may contain a |
---|
786 | | - | provision stating that the contract may be modified or amended by |
---|
787 | | - | the board without further voter approval. |
---|
788 | | - | Sec. 8012.154. WATER AND SEWER RATES. Notwithstanding any |
---|
789 | | - | other law, the district shall establish the same rates for |
---|
790 | | - | residential and commercial classes of customers for the provision |
---|
791 | | - | of water and sewer services. For purposes of this section, the |
---|
792 | | - | commercial class may not include apartment complexes or other |
---|
793 | | - | multifamily dwellings. |
---|
794 | | - | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
795 | | - | Sec. 8012.201. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
796 | | - | OBLIGATIONS. The district may issue bonds or other obligations |
---|
797 | | - | payable wholly or partly from ad valorem taxes, impact fees, |
---|
798 | | - | revenue, contract payments, grants, or other district money, or any |
---|
799 | | - | combination of those sources, to pay for any authorized district |
---|
800 | | - | purpose. |
---|
801 | | - | Sec. 8012.202. TAXES FOR BONDS. At the time the district |
---|
802 | | - | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
803 | | - | board shall provide for the annual imposition of a continuing |
---|
804 | | - | direct ad valorem tax, without limit as to rate or amount, while all |
---|
805 | | - | or part of the bonds are outstanding as required and in the manner |
---|
806 | | - | provided by Sections 54.601 and 54.602, Water Code. |
---|
807 | | - | Sec. 8012.203. BONDS FOR ROAD PROJECTS. At the time of |
---|
808 | | - | issuance, the total principal amount of bonds or other obligations |
---|
809 | | - | issued or incurred to finance road projects and payable from ad |
---|
810 | | - | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
811 | | - | real property in the district. |
---|
812 | | - | SECTION 4. The Riverside Municipal Utility District of |
---|
813 | | - | Liberty County initially includes all the territory contained in |
---|
814 | | - | the following area: |
---|
815 | | - | Being 482.631 acres of land out of a called 1454.19 acres, more or |
---|
816 | | - | less, in and out of that certain "called" 1517 acres, in the John A. |
---|
817 | | - | Williams League, Abstract Number 119, Liberty County, Texas, being |
---|
818 | | - | more particularly, described as follows: |
---|
819 | | - | BEGINNING at a found one inch pinch toped pipe located in the south |
---|
820 | | - | line of said called 1454.19 acre tract and the north line of West |
---|
821 | | - | Lake Subdivision as recorded in volume 6, page 59 of Liberty County |
---|
822 | | - | Map Records (LCDR) also being in the easterly right of way of FM |
---|
823 | | - | 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record) |
---|
824 | | - | 1. THENCE, North 00 degrees 14 minutes 16 seconds East a distance |
---|
825 | | - | of 39.39 feet along easterly right of way of FM 1409 to a set five |
---|
826 | | - | eights inch iron with yellow plastic cap stamped ‘CCI’; |
---|
827 | | - | 2. THENCE, North 40 degrees 17 minutes 58 seconds East a distance |
---|
828 | | - | of 75.55 feet continuing along easterly right of way of FM 1409 to a |
---|
829 | | - | found three quarters inch iron rod; |
---|
830 | | - | 3. THENCE, North 39 degrees 56 minutes 18 seconds East a distance |
---|
831 | | - | of 122.65 feet to a to a found five eighths inch iron rod; |
---|
832 | | - | 4. THENCE, North 65 degrees 30 minutes 01 seconds East a distance |
---|
833 | | - | of 156.58 feet to a to a found five eighths inch iron rod; |
---|
834 | | - | 5. THENCE, along a curve to the right an arc distance of 400.94 |
---|
835 | | - | feet, said curve having a radius of 724.00 feet and a chord bearing |
---|
836 | | - | and distance of North 81 degrees 24 minutes 58 seconds East, 395.83 |
---|
837 | | - | feet to a found five eighths inch iron rod for a point of reverse |
---|
838 | | - | curve; |
---|
839 | | - | 6. THENCE, along a curve to the left an arc distance of 1190.99 |
---|
840 | | - | feet said curve having a radius of 1076.00 feet and a chord bearing |
---|
841 | | - | and distance of North 65 degrees 34 minutes 17 seconds East, 1131.11 |
---|
842 | | - | feet to a found five eighths inch iron rod for a point of reverse |
---|
843 | | - | curve; |
---|
844 | | - | 7. THENCE, along a curve to the right an arc distance of 398.88 |
---|
845 | | - | feet along said curve having a radius of 724.00 feet and a chord |
---|
846 | | - | bearing and distance of North 50 degrees 04 minutes 49 seconds East, |
---|
847 | | - | 393.86 feet to a found five eighths inch iron rod; |
---|
848 | | - | 8. THENCE, North 65 degrees 47 minutes 48 seconds East a distance |
---|
849 | | - | of 1993.97 feet to a found three quarter inch iron rod; |
---|
850 | | - | 9. THENCE, North 65 degrees 33 minutes 44 seconds East a distance |
---|
851 | | - | of 3609.67 feet to a found one half inch iron rod; |
---|
852 | | - | 10. THENCE, South 83 degrees 13 minutes 10 seconds East a distance |
---|
853 | | - | of 257.13 feet to a found three quarter inch iron rod; |
---|
854 | | - | 11. THENCE, North 30 degrees 28 minutes 01 seconds East a distance |
---|
855 | | - | of 302.66 feet to a set five eights inch iron with yellow plastic |
---|
856 | | - | cap stamped ‘CCI’; |
---|
857 | | - | 12. THENCE, North 65 degrees 34 minutes 06 seconds East a distance |
---|
858 | | - | of 1496.19 feet to a found three quarter inch iron rod with cap; |
---|
859 | | - | 13. THENCE, North 85 degrees 54 minutes 44 seconds East passing at |
---|
860 | | - | 1805.00 feet a set five eights inch stainless steel rod with metal |
---|
861 | | - | cap ‘CCI’, continuing a total distance of distance of 1849.45 feet |
---|
862 | | - | to the bank of the Trinity river (as established from FEMA LIDAR |
---|
863 | | - | 2008); |
---|
864 | | - | Thence with the next 31 calls along the said bank of the Trinity |
---|
865 | | - | River: |
---|
| 575 | + | Tract 2: |
---|
| 576 | + | Being 482.649 acres of land out of a called 1454.19 acres, |
---|
| 577 | + | more or less, in and out of that certain "called" 1517 acres, in the |
---|
| 578 | + | John A. Williams League, Abstract Number 119, Liberty County, |
---|
| 579 | + | Texas, being more particularly, described as follows: |
---|
| 580 | + | BEGINNING at a found one inch pinch toped pipe located in the |
---|
| 581 | + | south line of said called 1454.19 acre tract and the north line of |
---|
| 582 | + | West Lake Subdivision as recorded in volume 6, page 59 of Liberty |
---|
| 583 | + | County Map Records (LCDR) also being in the easterly right of way of |
---|
| 584 | + | FM 1409 (Parcel A, volume 666. page.005 Liberty County Deed Record) |
---|
| 585 | + | 1. THENCE, North 00 degrees 14 minutes 16 seconds East a |
---|
| 586 | + | distance of 39.39 feet along easterly right of way of FM 1409 to a |
---|
| 587 | + | set five eights inch iron with yellow plastic cap stamped 'CCI'; |
---|
| 588 | + | 2. THENCE, North 40 degrees 17 minutes 58 seconds East a |
---|
| 589 | + | distance of 75.55 feet continuing along easterly right of way of FM |
---|
| 590 | + | 1409 to a found three quarters inch iron rod; |
---|
| 591 | + | 3. THENCE, North 39 degrees 56 minutes 18 seconds East a |
---|
| 592 | + | distance of 122.65 feet to a to a found five eighths inch iron rod; |
---|
| 593 | + | 4. THENCE, North 65 degrees 30 minutes 01 seconds East a |
---|
| 594 | + | distance of 156.58 feet to a to a found five eighths inch iron rod; |
---|
| 595 | + | 5. THENCE, along a curve to the right an arc distance of |
---|
| 596 | + | 400.94 feet, said curve having a radius of 724.00 feet and a chord |
---|
| 597 | + | bearing and distance of North 81 degrees 24 minutes 58 seconds East, |
---|
| 598 | + | 395.83 feet to a found five eighths inch iron rod for a point of |
---|
| 599 | + | reverse curve; |
---|
| 600 | + | 6. THENCE, along a curve to the left an arc distance of |
---|
| 601 | + | 1190.99 feet said curve having a radius of 1076.00 feet and a chord |
---|
| 602 | + | bearing and distance of North 65 degrees 34 minutes 17 seconds East, |
---|
| 603 | + | 1131.11 feet to a found five eighths inch iron rod for a point of |
---|
| 604 | + | reverse curve; |
---|
| 605 | + | 7. THENCE, along a curve to the right an arc distance of |
---|
| 606 | + | 398.88 feet along said curve having a radius of 724.00 feet and a |
---|
| 607 | + | chord bearing and distance of North 50 degrees 04 minutes 49 seconds |
---|
| 608 | + | East, 393.86 feet to a found five eighths inch iron rod; |
---|
| 609 | + | 8. THENCE, North 65 degrees 47 minutes 48 seconds East a |
---|
| 610 | + | distance of 1993.97 feet to a found three quater inch iron rod; |
---|
| 611 | + | 9. THENCE, North 65 degrees 33 minutes 44 seconds East a |
---|
| 612 | + | distance of 3609.67 feet to a a found one half inch iron rod; |
---|
| 613 | + | 10. THENCE, South 83 degrees 28 minutes 16 seconds East a |
---|
| 614 | + | distance of 256.60 feet to a set five eights inch iron with yellow |
---|
| 615 | + | plastic cap stamped 'CCI'; |
---|
| 616 | + | 11. THENCE, North 30 degrees 28 minutes 01 seconds East a |
---|
| 617 | + | distance of 302.84 feet to a set five eights inch iron with yellow |
---|
| 618 | + | plastic cap stamped 'CCI'; |
---|
| 619 | + | 12. THENCE, North 65 degrees 34 minutes 06 seconds East a |
---|
| 620 | + | distance of 1496.19 feet to a set five eights inch iron with yellow |
---|
| 621 | + | plastic cap stamped 'CCI'; |
---|
| 622 | + | 13. THENCE, North 85 degrees 54 minutes 44 seconds East a |
---|
| 623 | + | distance of 1848.04 feet to the Trinity river (as established from |
---|
| 624 | + | FEMA LIDAR 2008); |
---|
| 625 | + | Thence with the next 31 calls along the said Trinity River: |
---|