S.B. No. 320
AN ACT
relating to the creation of River Ranch Improvement District of
Liberty County; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3948 to read as follows:
CHAPTER 3948. RIVER RANCH IMPROVEMENT DISTRICT OF LIBERTY COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3948.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Dayton.
(3) "County" means Liberty County.
(4) "Director" means a board member.
(5) "District" means the River Ranch Improvement
District of Liberty County.
Sec. 3948.002. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 3948.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district, and to accomplish the redevelopment of
land in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3948.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for road, transportation, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3948.005. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3948.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3948.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3948.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3948.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 5 or more than 15 directors.
Sec. 3948.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3948.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3948.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3948.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3948.056. INITIAL VOTING DIRECTORS.
(a) Notwithstanding Section 3948.051(a), the initial board
consists of the following five directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1. Wayne Knox 1. Wayne Knox
1. Wayne Knox
2. Mary H. Cody 2. Mary H. Cody
2. Mary H. Cody
3. Gene Campbell 3. Gene Campbell
3. Gene Campbell
4. Bill Gammel 4. Bill Gammel
4. Bill Gammel
5. Christopher Brant Elliott 5. Christopher Brant Elliott
5. Christopher Brant Elliott
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2019, and
the terms of directors appointed for positions four and five expire
June 1, 2021.
(c) Section 3948.052 does not apply to this section.
(d) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3948.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3948.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3948.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3948.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3948.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3948.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3948.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3948.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3948.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3948.110. ROAD DISTRICT POWERS. The district has the
powers provided by the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapters 257 and 441, Transportation
Code.
Sec. 3948.111. 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. 3948.112. NO TOLL ROADS. The district may not
construct, acquire, maintain, or operate a toll road.
Sec. 3948.113. NAVIGATION DISTRICT POWERS. (a) The
district has the powers provided by the general law of this state
applicable to navigation districts created under Section 59,
Article XVI, Texas Constitution, including Chapters 60 and 62,
Water Code.
(b) The district may purchase, construct, acquire, own,
operate, maintain, improve, or extend, inside and outside the
district, a canal, waterway, bulkhead, dock, or other improvement
or facility necessary or convenient to accomplish the navigation
purposes of the district.
Sec. 3948.114. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, and operate rail facilities
and improvements in aid of those facilities.
Sec. 3948.115. RURAL PUBLIC TRANSPORTATION POWERS.
(a) The district may provide and coordinate rural public
transportation in its territory in the manner provided by Sections
458.010 and 458.011, Transportation Code, for a rural transit
district.
(b) Section 458.012(a), Transportation Code, does not apply
to the operations of the district under Subsection (a).
Sec. 3948.116. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
Sec. 3948.117. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3948.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3948.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3948.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3948.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3948.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the voters of the district or a required payment for
a service provided by the district, including water and sewer
services.
Sec. 3948.156. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3948.157. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of
district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3948.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3948.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3948.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3948.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3948.203. 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. 3948.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
Sec. 3948.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that 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. 3948.206. 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.
SUBCHAPTER F. DEFINED AREAS
Sec. 3948.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3948.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall hold an election in the defined area or in the designated
property only.
(b) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3948.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and, by order, shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3948.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3948.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3948.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3948.253 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SECTION 2. The River Ranch Improvement District of Liberty
County initially includes all 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. (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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately 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 immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 320 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. 320 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
Pos. No. Name of Director
1. Wayne Knox
2. Mary H. Cody
3. Gene Campbell
4. Bill Gammel
5. Christopher Brant Elliott