Bill Text: TX SB320 | 2017-2018 | 85th Legislature | Engrossed

Texas Senate Bill 320 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-06-09 - Effective immediately [SB320 Detail]

Download: Texas-2017-SB320-Engrossed.html



	By: Nichols	S.B. No. 320

A BILL TO BE ENTITLED

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.

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.

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

Wayne Knox

Mary H. Cody

Gene Campbell

Bill Gammel

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.

(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.

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.

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.

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.

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.

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.

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.

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