S.B. No. 321
AN ACT
relating to the creation of the River Ranch Municipal Utility
District of Liberty County and the Riverside Municipal Utility
District of Liberty County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7991 to read as follows:
CHAPTER 7991. RIVER RANCH MUNICIPAL UTILITY DISTRICT OF LIBERTY
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7991.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the River Ranch Municipal Utility
District of Liberty County.
Sec. 7991.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7991.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7991.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7991.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7991.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads or improvements, including
storm drainage, in aid of those roads.
Sec. 7991.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7991.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7991.052, directors serve
staggered four-year terms.
Sec. 7991.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Coby Trent Elliott;
(2) Darrian Rainer Wright;
(3) Alma Lopez;
(4) Rosemarie S. Vitullo; and
(5) Gary Joseph Mitchell.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7991.003; or
(2) September 1, 2021.
(c) If permanent directors have not been elected under
Section 7991.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7991.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7991.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7991.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7991.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, and convey
to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads or improvements,
including storm drainage, in aid of those roads.
Sec. 7991.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7991.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 7991.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt;
(2) the district is not imposing ad valorem taxes; and
(3) the requirements of Subsection (k) have been met.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7991.003 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7991.003.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the district is located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a
municipality, the district may not divide under this section unless
the municipality by resolution or ordinance consents to the
division of the district. If the district is not located wholly or
partly in the corporate limits or extraterritorial jurisdiction of
a municipality, the district may not divide under this section
unless the commissioners court of each county in which the district
is wholly or partly located adopts a resolution or order consenting
to the division of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7991.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7991.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7991.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7991.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 7991.154. WATER AND SEWER RATES. Notwithstanding any
other law, the district shall establish the same rates for
residential and commercial classes of customers for the provision
of water and sewer services. For purposes of this section, the
commercial class may not include apartment complexes or other
multifamily dwellings.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7991.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7991.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7991.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The River Ranch Municipal Utility District of
Liberty County initially includes all the territory contained in
the following area:
TRACT ONE
Being 6980.02 acres of land situated in the William Bloodgood
Survey, Abstract 3, the William D. Smith Survey, Abstract 106, the
H. E. & W. RR. Number 1131 Survey, Abstract 515, the William E.
Kierstead Survey, Abstract 693, the George Pace Survey, Abstract
805, the Louis Davis Survey, Abstract 18, the A. P. Blackwell
Survey, Abstract 782, the Robert Wiseman Survey, Abstract 392, and
the T. & N. O. RR. Survey, Abstract 383, in Liberty County, Texas,
and being the residue of that called 7449.781 acres of land as
recorded in Liberty County Clerk's File Number 2009008952 and being
more particularly described by metes and bounds as follows;
BEGINNING, at a found five eighths inch iron rod, marking the most
northwesterly corner of said called 7450.588 acre tract, the
southwesterly corner of a called 17.56 acre tract as recorded in
Liberty County Clerk's File Number 2006012623 and in the east line
of State Highway 146 (width varies). Said BEGINNING point having a
Texas State Plane Coordinate System, Central Zone (4203) Value of
Y= 9,997,553.25 and X= 4,013,812.92 (GRID);
1. THENCE, North 58 degrees 04 minutes 55 seconds East, along the
most northerly line of said called 7450.588 acre tract and the south
line of said called 17.56 acre tract, for a distance of 2,611.49
feet (called 2,601.00 feet), to a found one half inch iron rod
(disturbed) for an angle point;
2. THENCE, North 87 degrees 23 minutes 42 seconds East, continuing
along the northerly line of said called 7450.588 acre tract and the
south line of said called 17.56 acre tract, for a distance of 74.68
feet (called 74.54 feet) to a found one half inch iron rod
(disturbed) for an interior corner;
3. THENCE, North 02 degrees 41 minutes 57 seconds West, along an
interior corner of said called 7450.588 acre tract, for a distance
of 139.09 feet (called 138.89 feet), to a found one half inch iron
rod, marking an exterior corner of said called 7450.58 acre tract;
4. THENCE, North 87 degrees 27 minutes 21 seconds East, along an
exterior line of said called 7450.588 acre tract, a distance of
1038.04 feet to a found two inch iron pipe (disturbed);
5. THENCE, North 87 degrees 20 minutes 53 seconds East continuing
along an exterior line of said called 7450.588 acre tract a distance
of 6578.98 feet to a found two inch iron pipe;
6. THENCE, South 02 degrees 39 minutes 21 seconds East continuing
along an exterior line of said called 7450.588 acre tract a distance
of 139.61 feet to a found two inch iron pipe;
7. THENCE, North 87 degrees 16 minutes 21 seconds East continuing
along an exterior line of said called 7450.588 acre tract a distance
of 7238.81 feet to a found two inch iron pipe in the westerly
right-of-way line of Liberty County Road Number 455;
8. THENCE, South 15 degrees 26 minutes 45 seconds East along said
westerly right-of-way line of Liberty County Road Number 455, a
distance of 1458.52 feet to a found two inch iron pipe;
9. THENCE, North 86 degrees 22 minutes 33 seconds East a distance
of 61.66 feet to a found one half inch iron rod with cap 'BHA'
marking the north west corner of a called 2.67 acres as recorded in
Liberty County Clerks (LCCFN) 2012007988;
10. THENCE, South 15 degrees 08 minutes 32 seconds East along the
west line of said called 2.67 acres, a distance of 770.50 feet to an
angle point;
11. THENCE, South 00 degrees 46 minutes 36 seconds West a distance
of 349.09 feet to a found one and one half inch iron pipe marking the
northeast corner of a called 4.113 acres LCCFN 20108323;
12. THENCE, North 89 degrees 38 minutes 50 seconds West along the
northerly line of said a called 4.113 acres, a distance of 631.10
feet to a found one half inch iron rod with cap '5068';
13. THENCE, South 03 degrees 14 minutes 43 seconds East along the
westerly line of said a called 4.113 acres, a distance of 238.21
feet to a found one and one half inch iron pipe;
14. THENCE, South 77 degrees 57 minutes 13 seconds East along the
southerly line of said a called 4.113 acres a distance of 100.90
feet to the northerly line of called Possible Conflict Area in LCCFN
20078486;
15. THENCE, South 87 degrees 10 minutes 33 seconds West along the
northerly line of called Possible Conflict Area, a distance of
1866.59 feet to a found one and one half inch iron pipe (destroyed);
16. THENCE, South 03 degrees 22 minutes 15 seconds East along the
westerly line of called Possible Conflict Area, a distance of
103.25 feet to a 'Boat Spike in Concrete' marking the fenced
northerly of Hilton tract as recorded at LCCFN 20078486;
17. THENCE, South 02 degrees 53 minutes 32 seconds East along the
said Hilton tract, a distance of 3361.75 feet to a found one and one
half inch rod being in the north line of 1454.19 acre tract
described in Volume 1307, Page 88 of the Deed Records of Liberty
County (DRLC);
18. THENCE, South 87 degrees 17 minutes 29 seconds West along the
north line of said 1454.19 acre tract a distance of 463.43 feet to a
found one and one half inch rod;
19. THENCE, South 03 degrees 53 minutes 48 seconds East along the
west line of said 1454.19 acre tract, and the west line of that
certain called 473.221 acre tract described in Volume 1933, Page
384 DRLC, a distance of 11,157.52 feet to found two inch iron pipe
marking the southwest corner of said 473.221 acre tract;
20. THENCE, North 85 degrees 18 minutes 55 seconds East along the
south line of said 473.221 acre tract, a distance of 1570.06 feet to
found two and one half inch iron pipe;
21. THENCE, North 85 degrees 03 minutes 56 seconds East continuing
along said south line of said 473.221 acre tract, a distance of
1730.86 feet to a found five eighths inch iron rod in northwesterly
right-of-way line of the Coastal Industrial Water Authority Canal;
THENCE along and with said Coastal Industrial Water Authority Canal
right-of-way, the following six (6) courses:
1) THENCE, along a curve to the right 232.37 feet along,
said curve having a radius of 727.99 feet said curve having a chord
direction of South 33 degrees 18 minutes 41 seconds West and a chord
length of 231.39 feet;
2) THENCE, South 43 degrees 33 minutes 12 seconds West a
distance of 879.97 feet to a found five eighths inch iron rod;
3) THENCE, South 43 degrees 21 minutes 29 seconds West a
distance of 717.51 feet to a found five eighths inch iron rod;
4) THENCE, South 42 degrees 46 minutes 40 seconds West a
distance of 6748.15 feet to a found five eighths inch iron rod;
5) THENCE, South 68 degrees 32 minutes 55 seconds West a
distance of 388.20 feet to a found five eighths inch iron rod;
6) THENCE, South 01 degrees 29 minutes 02 seconds East a
distance of 117.76 feet to the centerline of Old River;
THENCE along and with said centerline of Old River, same being said
Wiseman Survey westerly line and said Welch Survey easterly line,
the following sixty-five (65) courses:
1) THENCE, South 58 degrees 09 minutes 08 seconds West a
distance of 15.75 feet to an angle point;
2) THENCE, North 64 degrees 44 minutes 18 seconds West a
distance of 91.26 feet to an angle point;
3) THENCE, North 32 degrees 00 minutes 26 seconds West a
distance of 136.24 feet to an angle point;
4) THENCE, South 66 degrees 19 minutes 52 seconds West a
distance of 64.65 feet to an angle point;
5) THENCE, North 43 degrees 26 minutes 23 seconds West a
distance of 46.30 feet to an angle point;
6) THENCE, North 29 degrees 49 minutes 53 seconds West a
distance of 59.08 feet to an angle point;
7) THENCE, North 06 degrees 18 minutes 15 seconds East a
distance of 37.01 feet to an angle point;
8) THENCE, North 23 degrees 39 minutes 11 seconds East a
distance of 52.62 feet to an angle point;
9) THENCE, North 31 degrees 33 minutes 27 seconds East a
distance of 77.59 feet to an angle point;
10) THENCE, North 13 degrees 09 minutes 50 seconds East a
distance of 87.73 feet to an angle point;
11) THENCE, North 20 degrees 07 minutes 22 seconds West a
distance of 11.17 feet to an angle point;
12) THENCE, North 59 degrees 01 minutes 35 seconds West a
distance of 62.45 feet to an angle point;
13) THENCE, North 46 degrees 03 minutes 11 seconds West a
distance of 30.31 feet to an angle point;
14) THENCE, North 14 degrees 26 minutes 18 seconds East a
distance of 104.09 feet to an angle point;
15) THENCE, North 27 degrees 55 minutes 38 seconds West a
distance of 38.19 feet to an angle point;
16) THENCE, North 36 degrees 17 minutes 37 seconds West a
distance of 60.70 feet to an angle point;
17) THENCE, North 35 degrees 26 minutes 18 seconds East a
distance of 23.80 feet to an angle point;
18) THENCE, North 69 degrees 01 minutes 02 seconds East a
distance of 165.04 feet to an angle point;
19) THENCE, North 43 degrees 19 minutes 31 seconds East a
distance of 21.99 feet to an angle point;
20) THENCE, North 16 degrees 10 minutes 24 seconds East a
distance of 46.70 feet to an angle point;
21) THENCE, North 17 degrees 01 minutes 36 seconds West a
distance of 86.60 feet to an angle point;
22) THENCE, North 08 degrees 32 minutes 02 seconds West a
distance of 87.59 feet to an angle point;
23) THENCE, North 10 degrees 49 minutes 06 seconds East a
distance of 19.61 feet to an angle point;
24) THENCE, North 69 degrees 03 minutes 33 seconds East a
distance of 16.49 feet to an angle point;
25) THENCE, South 63 degrees 21 minutes 41 seconds East a
distance of 123.98 feet to an angle point;
26) THENCE, North 84 degrees 00 minutes 08 seconds East a
distance of 46.55 feet to an angle point;
27) THENCE, North 25 degrees 09 minutes 01 seconds East a
distance of 20.14 feet to an angle point;
28) THENCE, North 15 degrees 23 minutes 39 seconds East a
distance of 22.11 feet to an angle point;
29) THENCE, North 66 degrees 13 minutes 45 seconds East a
distance of 41.01 feet to an angle point;
30) THENCE, North 84 degrees 10 minutes 10 seconds East a
distance of 43.69 feet to an angle point;
31) THENCE, South 68 degrees 10 minutes 57 seconds East a
distance of 121.53 feet to an angle point;
32) THENCE, North 84 degrees 58 minutes 51 seconds East a
distance of 22.29 feet to an angle point;
33) THENCE, North 63 degrees 25 minutes 30 seconds East a
distance of 23.15 feet to an angle point;
34) THENCE, North 07 degrees 58 minutes 23 seconds East a
distance of 38.31 feet to an angle point;
35) THENCE, North 02 degrees 03 minutes 41 seconds East a
distance of 53.18 feet to an angle point;
36) THENCE, North 32 degrees 30 minutes 05 seconds East a
distance of 130.71 feet to an angle point;
37) THENCE, North 47 degrees 36 minutes 35 seconds East a
distance of 110.53 feet to an angle point;
38) THENCE, North 04 degrees 43 minutes 59 seconds West a
distance of 30.78 feet to an angle point;
39) THENCE, North 33 degrees 31 minutes 55 seconds West a
distance of 26.08 feet to an angle point;
40) THENCE, North 39 degrees 08 minutes 01 seconds West a
distance of 66.79 feet to an angle point;
41) THENCE, North 22 degrees 19 minutes 44 seconds East a
distance of 38.56 feet to an angle point;
42) THENCE, North 54 degrees 43 minutes 58 seconds East a
distance of 38.32 feet to an angle point;
43) THENCE, South 65 degrees 09 minutes 17 seconds East a
distance of 103.31 feet to an angle point;
44) THENCE, North 28 degrees 04 minutes 20 seconds East a
distance of 37.48 feet to an angle point;
45) THENCE, North 08 degrees 48 minutes 54 seconds East a
distance of 114.60 feet to an angle point;
46) THENCE, North 21 degrees 43 minutes 04 seconds East a
distance of 107.20 feet to an angle point;
47) THENCE, North 55 degrees 52 minutes 47 seconds West a
distance of 19.09 feet to an angle point;
48) THENCE, North 80 degrees 47 minutes 51 seconds West a
distance of 84.42 feet to an angle point;
49) THENCE, South 70 degrees 45 minutes 49 seconds West a
distance of 98.65 feet to an angle point;
50) THENCE, North 08 degrees 27 minutes 34 seconds West a
distance of 74.91 feet to an angle point;
51) THENCE, North 42 degrees 34 minutes 37 seconds West a
distance of 55.08 feet to an angle point;
52) THENCE, North 03 degrees 20 minutes 32 seconds West a
distance of 134.32 feet to an angle point;
53) THENCE, North 10 degrees 41 minutes 17 seconds West a
distance of 227.57 feet to an angle point;
54) THENCE, North 60 degrees 20 minutes 56 seconds East a
distance of 77.08 feet to an angle point;
55) THENCE, North 44 degrees 11 minutes 48 seconds East a
distance of 40.40 feet to an angle point;
56) THENCE, North 26 degrees 03 minutes 04 seconds West a
distance of 73.67 feet to an angle point;
57) THENCE, North 24 degrees 08 minutes 47 seconds East a
distance of 73.80 feet to an angle point;
58) THENCE, North 36 degrees 57 minutes 07 seconds East a
distance of 178.12 feet to an angle point;
59) THENCE, North 16 degrees 05 minutes 57 seconds West a
distance of 84.97 feet to an angle point;
60) THENCE, North 01 degrees 11 minutes 32 seconds East a
distance of 125.69 feet to an angle point;
61) THENCE, North 83 degrees 06 minutes 00 seconds East a
distance of 28.45 feet to an angle point;
62) THENCE, North 04 degrees 15 minutes 12 seconds West a
distance of 338.20 feet to an angle point;
63) THENCE, North 16 degrees 11 minutes 51 seconds West a
distance of 34.92 feet to an angle point;
64) THENCE, North 73 degrees 51 minutes 47 seconds West a
distance of 50.61 feet to an angle point;
65) THENCE, South 87 degrees 32 minutes 41 seconds West a
distance of 68.54 feet to the most southerly corner of that certain
called 22.50 acre tract described in Volume 1619, page 569 of the
DRLC;
22. THENCE, North 57 degrees 02 minutes 30 seconds East along and
with the southeast line of said 22.50 acre tract, same being the
northwest line of said 77.50 acre tract, a distance of 2451.67 feet
to east corner of said 22.50 acre tract;
23. THENCE, North 32 degrees 57 minutes 30 seconds West along and
with said 22.50 acre tract, a distance of 419.64 feet to a found
five eighths inch iron rod marking the north corner of said 22.50
tract;
24. THENCE, South 57 degrees 03 minutes 57 seconds West a distance
of 5846.98 feet to a found five eighths inch iron rod with cap 'BHA
INC' the southeast corner of a called 68.1917 acre tract recorded at
LCCFN 2012016189;
25. THENCE, North 07 degrees 59 minutes 42 seconds West along the
east line of said called 68.1917 acre tract, a distance of 2943.33
feet to the most northerly corner of said called 68.1917 acre tract;
26. THENCE, South 19 degrees 28 minutes 28 seconds West along the
westerly line of said called 68.1917 acre tract, 4375.56 feet to a
found five eighths inch iron rod with cap 'BHA INC' the original
southerly line of said called 7449.781 acre tract;
27. THENCE, South 57 degrees 03 minutes 46 seconds West along said
original southerly line of said called 7449.781 acre tract a
distance of 751.74 feet to a found five eighths inch iron rod with
cap 'BHA INC' the southeast corner of a called 326.1099 acre tract
recorded at LCCFN 2012016189;
28. THENCE, North 19 degrees 32 minutes 27 seconds East along the
easterly line of said called 326.1099 acre tract, a distance of
5769.72 feet to a found five eighths inch iron rod with cap 'BHA INC'
the most northeasterly corner of said called 326.1099 acre tract;
29. THENCE, South 56 degrees 18 minutes 04 seconds West along the
northerly line of said called 326.1099 acre tract, a distance of
620.59 feet to a found five eighths inch iron rod with cap 'BHA INC';
30. THENCE, South 57 degrees 47 minutes 30 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 877.17 feet to a found five eighths inch iron rod with
cap 'BHA INC';
31. THENCE, South 58 degrees 39 minutes 47 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 161.98 feet to a found five eighths inch iron rod with
cap 'BHA INC';
32. THENCE, South 68 degrees 31 minutes 35 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 151.08 feet to a found five eighths inch iron rod with
cap 'BHA INC';
33. THENCE, South 59 degrees 23 minutes 14 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 156.34 feet to a found five eighths inch iron rod with
cap 'BHA INC';
34. THENCE, South 56 degrees 31 minutes 46 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 661.76 feet to a found five eighths inch iron rod with
cap 'BHA INC';
35. THENCE, South 57 degrees 20 minutes 26 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 811.33 feet to a found five eighths inch iron rod with
cap 'BHA INC';
36. THENCE, South 57 degrees 06 minutes 17 seconds West continuing
along the northerly line of said called 326.1099 acre tract, a
distance of 1865.29 feet to a found five eighths inch iron rod with
cap 'BHA INC' the most westerly northwest corner of said called
326.1099 acre tract;
37. THENCE, South 56 degrees 57 minutes 24 seconds West a distance
of 1137.99 feet a found one half inch iron rod for the most westerly
northwest corner of said called 326.1099 acre tract;
38. THENCE, South 33 degrees 26 minutes 26 seconds East a distance
of 448.39 feet to a found five eighths inch iron rod with cap 'BHA
INC';
39. THENCE, South 56 degrees 53 minutes 12 seconds West a distance
of 1150.30 feet to a found five eighths inch iron rod with cap 'BHA
INC' in east right-of-way line of State Highway Number 146;
THENCE, along and with said east right-of-way line of State Highway
Number 146, the following nine (9) courses:
1) THENCE, North 11 degrees 11 minutes 04 seconds West a
distance of 10062.63 feet to a TXDoT type ll monument for the point
of curvature of a curve to the right;
2) THENCE, an arc distance of 1298.55 feet along a curve to
the right, said curve having a radius of 22803.27 feet and a chord
direction and distance of North 09 degrees 32 minutes 08 seconds
West 1298.37 feet to a TXDoT type ll monument (disturbed);
3) THENCE, North 07 degrees 55 minutes 26 seconds West a
distance of 2291.62 feet to a TXDoT type ll monument for the point
of curvature of a curve to the left;
4) THENCE, an arc distance of along a curve to the left
537.71 feet along a curve to the left, said curve having a radius of
10845.00 feet said and a chord direction and distance of North 09
degrees 30 minutes 54 seconds West 537.66 feet;
5) THENCE, North 08 degrees 17 minutes 04 seconds West a
distance of 284.82 feet to a TXDoT type ll monument for the point of
curvature of a curve to the left;
6) THENCE, an arc distance of along a curve to the left
119.30 feet along a curve to the left, said curve having a radius of
4399.00 feet said and a chord direction and distance of North 09
degrees 56 minutes 28 seconds West and a chord length of 119.29 feet
to a TXDoT type ll monument;
7) THENCE, North 10 degrees 04 minutes 16 seconds West a
distance of 376.86 feet to an angle point to a TXDoT type ll
monument;
8) THENCE, South 82 degrees 05 minutes 03 seconds West a
distance of 18.68 feet to an angle point;
9) THENCE, North 07 degrees 54 minutes 46 seconds West, a
distance of 5746.34 feet to a set five eighths inch iron rod with
cap stamped "CCI", being the beginning of a curve to the right;
10) THENCE, an arc distance of 361.93 feet along said curve
to the right, said curve having a radius of 7630.00 feet and a chord
direction and distance of North 06 degrees 33 minutes 13 seconds
West 361.90 feet, to the POINT OF BEGINNING;
Bearings shown hereon are based on the Texas State Plane Coordinate
System, South Central Zone 4204, NAD 83.
SECTION 3. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8012 to read as follows:
CHAPTER 8012. RIVERSIDE MUNICIPAL UTILITY DISTRICT OF LIBERTY
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8012.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Riverside Municipal Utility
District of Liberty County.
Sec. 8012.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8012.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8012.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8012.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8012.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads or improvements, including
storm drainage, in aid of those roads.
Sec. 8012.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 4 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8012.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8012.052, directors serve
staggered four-year terms.
Sec. 8012.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Will King;
(2) Micky Redus;
(3) Jim Smesny;
(4) Dorothy Badgett; and
(5) Daniel Walker.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8012.003; or
(2) September 1, 2021.
(c) If permanent directors have not been elected under
Section 8012.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8012.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8012.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8012.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8012.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, and convey
to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads or improvements,
including storm drainage, in aid of those roads.
Sec. 8012.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8012.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8012.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt;
(2) the district is not imposing ad valorem taxes; and
(3) the requirements of Subsection (k) have been met.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 4 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8012.003 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8012.003.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the district is located wholly or partly in the
corporate limits or the extraterritorial jurisdiction of a
municipality, the district may not divide under this section unless
the municipality by resolution or ordinance consents to the
division of the district. If the district is not located wholly or
partly in the corporate limits or extraterritorial jurisdiction of
a municipality, the district may not divide under this section
unless the commissioners court of each county in which the district
is wholly or partly located adopts a resolution or order consenting
to the division of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8012.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8012.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8012.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8012.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 8012.154. WATER AND SEWER RATES. Notwithstanding any
other law, the district shall establish the same rates for
residential and commercial classes of customers for the provision
of water and sewer services. For purposes of this section, the
commercial class may not include apartment complexes or other
multifamily dwellings.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8012.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8012.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8012.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 4. The Riverside Municipal Utility District of
Liberty County initially includes all the territory contained in
the following area:
Being 482.631 acres of land out of a called 1454.19 acres, more or
less, in and out of that certain "called" 1517 acres, in the John A.
Williams League, Abstract Number 119, Liberty County, Texas, being
more particularly, described as follows:
BEGINNING at a found one inch pinch toped pipe located in the south
line of said called 1454.19 acre tract and the north line of West
Lake Subdivision as recorded in volume 6, page 59 of Liberty County
Map Records (LCDR) also being in the easterly right of way of FM
1409 (Parcel A, volume 666. page.005 Liberty County Deed Record)
1. THENCE, North 00 degrees 14 minutes 16 seconds East a distance
of 39.39 feet along easterly right of way of FM 1409 to a set five
eights inch iron with yellow plastic cap stamped 'CCI';
2. THENCE, North 40 degrees 17 minutes 58 seconds East a distance
of 75.55 feet continuing along easterly right of way of FM 1409 to a
found three quarters inch iron rod;
3. THENCE, North 39 degrees 56 minutes 18 seconds East a distance
of 122.65 feet to a to a found five eighths inch iron rod;
4. THENCE, North 65 degrees 30 minutes 01 seconds East a distance
of 156.58 feet to a to a found five eighths inch iron rod;
5. THENCE, along a curve to the right an arc distance of 400.94
feet, said curve having a radius of 724.00 feet and a chord bearing
and distance of North 81 degrees 24 minutes 58 seconds East, 395.83
feet to a found five eighths inch iron rod for a point of reverse
curve;
6. THENCE, along a curve to the left an arc distance of 1190.99
feet said curve having a radius of 1076.00 feet and a chord bearing
and distance of North 65 degrees 34 minutes 17 seconds East, 1131.11
feet to a found five eighths inch iron rod for a point of reverse
curve;
7. THENCE, along a curve to the right an arc distance of 398.88
feet along said curve having a radius of 724.00 feet and a chord
bearing and distance of North 50 degrees 04 minutes 49 seconds East,
393.86 feet to a found five eighths inch iron rod;
8. THENCE, North 65 degrees 47 minutes 48 seconds East a distance
of 1993.97 feet to a found three quarter inch iron rod;
9. THENCE, North 65 degrees 33 minutes 44 seconds East a distance
of 3609.67 feet to a found one half inch iron rod;
10. THENCE, South 83 degrees 13 minutes 10 seconds East a distance
of 257.13 feet to a found three quarter inch iron rod;
11. THENCE, North 30 degrees 28 minutes 01 seconds East a distance
of 302.66 feet to a set five eights inch iron with yellow plastic
cap stamped 'CCI';
12. THENCE, North 65 degrees 34 minutes 06 seconds East a distance
of 1496.19 feet to a found three quarter inch iron rod with cap;
13. THENCE, North 85 degrees 54 minutes 44 seconds East passing at
1805.00 feet a set five eights inch stainless steel rod with metal
cap 'CCI', continuing a total distance of distance of 1849.45 feet
to the bank of the Trinity river (as established from FEMA LIDAR
2008);
Thence with the next 31 calls along the said bank of the Trinity
River:
1) THENCE, South 49 degrees 13 minutes 20 seconds East a
distance of 79.91 feet to an angle point;
2) THENCE, South 30 degrees 29 minutes 20 seconds East a
distance of 118.05 feet to an angle point;
3) THENCE, South 25 degrees 40 minutes 37 seconds East a
distance of 54.85 feet to an angle point;
4) THENCE, South 34 degrees 34 minutes 38 seconds East a
distance of 408.75 feet to an angle point;
5) THENCE, South 24 degrees 58 minutes 08 seconds East a
distance of 137.38 feet to an angle point;
6) THENCE, South 47 degrees 58 minutes 53 seconds East a
distance of 129.25 feet to an angle point;
7) THENCE, South 29 degrees 24 minutes 08 seconds East a
distance of 532.54 feet to an angle point;
8) THENCE, South 24 degrees 11 minutes 36 seconds East a
distance of 215.75 feet to an angle point;
9) THENCE, South 12 degrees 27 minutes 16 seconds East a
distance of 317.40 feet to an angle point;
10) THENCE, South 01 degrees 28 minutes 30 seconds East a
distance of 221.59 feet to an angle point;
11) THENCE, South 06 degrees 50 minutes 57 seconds West a
distance of 342.80 feet to an angle point;
12) THENCE, South 23 degrees 42 minutes 49 seconds West a
distance of 222.21 feet to an angle point;
13) THENCE, South 49 degrees 05 minutes 08 seconds West a
distance of 264.20 feet to an angle point;
14) THENCE, South 81 degrees 00 minutes 10 seconds West a
distance of 231.01 feet to an angle point;
15) THENCE, North 75 degrees 34 minutes 45 seconds West a
distance of 206.14 feet to an angle point;
16) THENCE, North 34 degrees 06 minutes 23 seconds West a
distance of 362.83 feet to an angle point;
17) THENCE, North 22 degrees 26 minutes 54 seconds West a
distance of 727.08 feet to an angle point;
18) THENCE, North 06 degrees 06 minutes 41 seconds West a
distance of 156.02 feet to an angle point;
19) THENCE, North 18 degrees 42 minutes 42 seconds West a
distance of 155.58 feet to an angle point;
20) THENCE, North 50 degrees 23 minutes 34 seconds West a
distance of 105.51 feet to an angle point;
21) THENCE, North 85 degrees 14 minutes 11 seconds West a
distance of 160.27 feet to an angle point;
22) THENCE, North 64 degrees 39 minutes 14 seconds West a
distance of 119.93 feet to an angle point;
23) THENCE, North 84 degrees 55 minutes 13 seconds West a
distance of 171.80 feet to an angle point;
24) THENCE, South 70 degrees 55 minutes 51 seconds West a
distance of 162.96 feet to an angle point;
25) THENCE, South 44 degrees 12 minutes 15 seconds West a
distance of 193.63 feet to an angle point;
26) THENCE, South 25 degrees 27 minutes 15 seconds West a
distance of 305.68 feet to an angle point;
27) THENCE, South 05 degrees 42 minutes 55 seconds West a
distance of 475.51 feet to a Point;
28) THENCE, South 03 degrees 15 minutes 56 seconds West a
distance of 946.21 feet to an angle point;
29) THENCE, South 10 degrees 07 minutes 19 seconds East a
distance of 214.73 feet to an angle point;
30) THENCE, South 11 degrees 01 minutes 24 seconds West a
distance of 74.58 feet to an angle point;
31) THENCE, South 05 degrees 24 minutes 53 seconds East a
distance of 189.89 feet to a point in the south line said called
1454.19 acre tract and the north line of East Spring Creek
Subdivision as recorded in volume 2, page 334 LCMR and replat volume
8, page 86 LCMR;
14. THENCE, South 85 degrees 26 minutes 56 seconds West along the
said south line said called 1454.19 acre tract and the north line of
said East Spring Creek Subdivision as recorded in volume 2, page 334
LCMR, said re-plat East Spring Creek Subdivision volume 8, page 86
LCMR and West Lake Subdivision, passing at 221.82 feet a set five
eights inch stainless steel rod with metal cap 'CCI', continuing a
total distance of distance of 9391.82 feet to the POINT OF
BEGINNING;
Bearings shown hereon are based on the Texas State Plane Coordinate
System, South Central Zone 4204, NAD 83.
SECTION 5. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 6. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7991, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7991.107 to read as follows:
Sec. 7991.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8012, Special
District Local Laws Code, as added by Section 3 of this Act, is
amended by adding Section 8012.107 to read as follows:
Sec. 8012.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 7. This Act takes effect June 1, 2017, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 321 passed the Senate on
May 11, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 321 passed the House on
May 19, 2017, by the following vote: Yeas 137, Nays 7, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor