H.B. No. 3186
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the El Paso County Municipal Utility
1-4 District No. 2.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the El Paso County Municipal Utility
1-8 District No. 2, is created in El Paso County, subject to approval
1-9 at a confirmation election under Section 9 of this Act. The
1-10 district is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the El
1-15 Paso County Municipal Utility District No. 2.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A 263.613 acre tract of land situated in El Paso County,
1-19 Texas in Survey No. 22, Texas and Pacific Railway Company, Block
1-20 79, Township 3 and the C.D. Stewart Survey No. 320 and being more
1-21 particularly described by metes and bounds as follows:
1-22 BEGINNING at a 1-inch galvanized iron pipe set up 2 inches
1-23 and marked "Tex. G.L.O. 1982 S W 22 T. & P." at the southwest
1-24 corner of Survey No. 22, Block 79, Township 3, T. & P. Railway
2-1 160,384.613 feet) bears N 8518'05" W, 5769.40 feet,
2-2 THENCE, N 0227'07" E, with the common line of Survey Numbers
2-3 319 and 22, a distance of 619.97 feet to a 5/8 inch rebar being on
2-4 the south right-of-way line of Eastlake Drive also being the
2-5 northwest corner of the parcel herein described:
2-6 THENCE, S 8654'36' E, with the south right-of-way line of
2-7 Eastlake Drive, a distance of 950.00 feet to a point being the
2-8 northeast corner of the parcel herein described;
2-9 THENCE, departing the said south right-of-way line of
2-10 Eastlake Drive and crossing said Tract 1 and 2 the following three
2-11 (3) courses:
2-12 1. S 1931'42" W, 1327.94 feet to a point,
2-13 2. S 2249'54" E, 2200.84 feet to a point, and
2-14 3. N 7227'33" E, 661.99 feet to a 5/8 rebar with
2-15 yellow cap no. 1862 for the most westerly southwest corner of that
2-16 certain tract of land designated as Tract 1 (225.653 acres)
2-17 conveyed by special warranty deed to 375/10 Texas Land, L.P. as
2-18 recorded in Volume 2615, Page 082 of the said Deed Records;
2-19 THENCE with the southwesterly line of said Tract 1 (225.653
2-20 acres) S 8654'33" E, 688.87 feet to a point;
2-21 THENCE, departing the said southwesterly line and crossing
2-22 said Tract 1 of Volume 2613, Page 0940 the following three (3)
2-23 courses:
2-24 1. S 7749'47" E, 326.86 feet to a point,
2-25 2. S 2550'56" E, 398.11 to a 5/8 inch rebar with
2-26 yellow cap No. 1862 for angle point of the said Tract 1 (225.653
2-27 acres), and
3-1 3. S 4441'13" E, 681.80 feet to a point in the said
3-2 southwesterly line of Tract 1 (225,653 acres);
3-3 THENCE along the said southwesterly line of Tract 1 (225,653
3-4 acre), S 0228'39" W, 441.80 feet to a 5/8 inch rebar with yellow
3-5 cap no. 1862 for the southern most southwesterly corner of said
3-6 Tract 1 (225.653 acre);
3-7 THENCE, departing the said southwesterly line of Tract 1
3-8 (225.653 acre) and crossing said Tract 1 (225.653 acre) the
3-9 following two (2) courses:
3-10 1. S 5801'23" W, 2027.69 feet to a point, and
3-11 2. S 0601'46" W, 385.52 feet to a point in the said
3-12 south line of Tract 1 (225,653 acres), being the common line to
3-13 C.D. Stewart Survey No. 320 and the C.D. Stewart Survey No. 322 for
3-14 the southeast corner of the herein described tract;
3-15 THENCE with the said common line to C.D. Stewart Survey No.
3-16 320 and the C.D. Stewart Survey No. 322, N 86'56'39" W, 2125.00
3-17 feet to a 5/8 inch rebar with yellow cap no. Tex 4178 mark in the
3-18 southwest corner of the C.D. Stewart No. 320;
3-19 THENCE with the common line of the C.D. Stewart Survey No.
3-20 320 and the C.D. Stewart Survey No. 318, N 02'27'09" E, 5251.43
3-21 feet to the POINT OF BEGINNING containing 263.613 acres of land
3-22 more or less.
3-23 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
3-24 finds that the boundaries and field notes of the district form a
3-25 closure. A mistake in the field notes or in copying the field
3-26 notes in the legislative process does not affect the organization,
3-27 existence, or validity of the district, the right of the district
4-1 to levy and collect taxes, or the legality or operation of the
4-2 district or its governing body.
4-3 SECTION 5. FINDING OF BENEFIT. All of the land and other
4-4 property included within the boundaries of the district will be
4-5 benefited by the works and projects that are to be accomplished by
4-6 the district under powers conferred by Section 59, Article XVI,
4-7 Texas Constitution. The district is created to serve a public use
4-8 and benefit.
4-9 SECTION 6. POWERS. (a) The district has all of the rights,
4-10 powers, privileges, authority, functions, and duties provided by
4-11 the general law of this state, including Chapters 50 and 54, Water
4-12 Code, applicable to municipal utility districts created under
4-13 Section 59, Article XVI, Texas Constitution. This Act prevails
4-14 over any provision of general law that is in conflict or
4-15 inconsistent with this Act.
4-16 (b) The rights, powers, privileges, authority, functions,
4-17 and duties of the district are subject to the continuing right of
4-18 supervision of the state to be exercised by and through the Texas
4-19 Natural Resource Conservation Commission.
4-20 (c) The powers, authority, functions, and duties of the
4-21 district, along with any outstanding bonded indebtedness of the
4-22 district, will be assumed by a political subdivision which may
4-23 annex the territory included in Section 3 of this Act as provided
4-24 for by Chapter 43, Local Government Code.
4-25 (d) Any facilities to be constructed or acquired by the
4-26 district must have the plans and specifications therefor approved
4-27 by the El Paso Water Utilities Public Service Board, which approval
5-1 shall not be unreasonably withheld or delayed. The El Paso Water
5-2 Utilities Public Service Board shall have the right to either
5-3 inspect or to act as the construction manager for the district's
5-4 facilities to ensure that the facilities meet the applicable
5-5 standards of the Public Service Board. The Public Service Board
5-6 shall be paid a reasonable fee by the district for such services
5-7 consistent with fees charged for similar services provided by the
5-8 Public Service Board on similar utility construction contracts.
5-9 (e) This Act shall not diminish or affect the City of El
5-10 Paso's extraterritorial jurisdiction or its rights under any
5-11 applicable provisions of the Local Government Code.
5-12 SECTION 7. BOARD OF DIRECTORS. (a) The district is
5-13 governed by a board of five directors.
5-14 (b) Temporary directors appointed in this Act shall serve
5-15 until permanent directors are elected under Section 9 of this Act.
5-16 Until permanent directors are elected and qualified to hold office,
5-17 the temporary directors shall exercise all rights, powers,
5-18 privileges, authority, functions, and duties conferred upon the
5-19 district by general law, including Chapters 50 and 54, Water Code.
5-20 SECTION 8. APPOINTMENT OF TEMPORARY OFFICERS. (a) The
5-21 following persons are hereby appointed as the temporary directors
5-22 of the district:
5-23 1. Brad Bauma, El Paso County, Texas
5-24 2. Martin Lettunich, El Paso County, Texas
5-25 3. Reecie Lutich, El Paso County, Texas
5-26 4. L. J. Shamaley, El Paso County, Texas
5-27 5. Phil Lane, El Paso County, Texas
6-1 (b) The temporary directors shall take the oath of office
6-2 and execute bonds to qualify for holding their offices as soon as
6-3 possible after the effective date of this Act.
6-4 SECTION 9. CONFIRMATION AND INITIAL ELECTION. (a) The
6-5 temporary board of directors shall call and hold an election to
6-6 confirm establishment of the district and to elect five initial
6-7 directors as provided by Chapter 54, Water Code. Also at that
6-8 election, the board may submit to the voters propositions to
6-9 authorize issuance of bonds, a maintenance tax, and a tax to make
6-10 payments under a contract.
6-11 (b) Section 41.001(a), Election Code, does not apply to an
6-12 election held as provided by this section.
6-13 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-14 (a) The proper and legal notice of the intention to introduce this
6-15 Act, setting forth the general substance of this Act, has been
6-16 published as provided by law, and the notice and a copy of this Act
6-17 have been furnished to all persons, agencies, officials, or
6-18 entities to which they are required to be furnished by the
6-19 constitution and other laws of this state, including the governor,
6-20 who has submitted the notice and Act to the Texas Natural Resource
6-21 Conservation Commission.
6-22 (b) The Texas Natural Resource Conservation Commission has
6-23 filed its recommendations relating to this Act with the governor,
6-24 lieutenant governor, and speaker of the house of representatives
6-25 within the required time.
6-26 (c) All requirements of the constitution and laws of this
6-27 state and the rules and procedures of the legislature with respect
7-1 to the notice, introduction, and passage of this Act are fulfilled
7-2 and accomplished.
7-3 SECTION 11. EMERGENCY. The importance of this legislation
7-4 and the crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended,
7-8 and that this Act take effect and be in force from and after its
7-9 passage, and it is so enacted.