1-1 By: Serna (Senate Sponsor - Rosson) H.B. No. 3186
1-2 (In the Senate - Received from the House May 17, 1995;
1-3 May 18, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 19, 1995, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, administration, powers, duties,
1-9 operation, and financing of the El Paso County Municipal Utility
1-10 District No. 2.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. CREATION. (a) A conservation and reclamation
1-13 district, to be known as the El Paso County Municipal Utility
1-14 District No. 2, is created in El Paso County, subject to approval
1-15 at a confirmation election under Section 9 of this Act. The
1-16 district is a governmental agency and a body politic and corporate.
1-17 (b) The district is created under and is essential to
1-18 accomplish the purposes of Section 59, Article XVI, Texas
1-19 Constitution.
1-20 SECTION 2. DEFINITION. In this Act, "district" means the El
1-21 Paso County Municipal Utility District No. 2.
1-22 SECTION 3. BOUNDARIES. The district includes the territory
1-23 contained within the following area:
1-24 A 263.613 acre tract of land situated in El Paso County,
1-25 Texas in Survey No. 22, Texas and Pacific Railway Company, Block
1-26 79, Township 3 and the C.D. Stewart Survey No. 320 and being more
1-27 particularly described by metes and bounds as follows:
1-28 BEGINNING at a 1-inch galvanized iron pipe set up 2 inches
1-29 and marked "Tex. G.L.O. 1982 S W 22 T. & P." at the southwest
1-30 corner of Survey No. 22, Block 79, Township 3, T. & P. Railway
1-31 160,384.613 feet) bears N 8518'05" W, 5769.40 feet,
1-32 THENCE, N 0227'07" E, with the common line of Survey Numbers
1-33 319 and 22, a distance of 619.97 feet to a 5/8 inch rebar being on
1-34 the south right-of-way line of Eastlake Drive also being the
1-35 northwest corner of the parcel herein described:
1-36 THENCE, S 8654'36' E, with the south right-of-way line of
1-37 Eastlake Drive, a distance of 950.00 feet to a point being the
1-38 northeast corner of the parcel herein described;
1-39 THENCE, departing the said south right-of-way line of
1-40 Eastlake Drive and crossing said Tract 1 and 2 the following three
1-41 (3) courses:
1-42 1. S 1931'42" W, 1327.94 feet to a point,
1-43 2. S 2249'54" E, 2200.84 feet to a point, and
1-44 3. N 7227'33" E, 661.99 feet to a 5/8 rebar with
1-45 yellow cap no. 1862 for the most westerly southwest corner of that
1-46 certain tract of land designated as Tract 1 (225.653 acres)
1-47 conveyed by special warranty deed to 375/10 Texas Land, L.P. as
1-48 recorded in Volume 2615, Page 082 of the said Deed Records;
1-49 THENCE with the southwesterly line of said Tract 1 (225.653
1-50 acres) S 8654'33" E, 688.87 feet to a point;
1-51 THENCE, departing the said southwesterly line and crossing
1-52 said Tract 1 of Volume 2613, Page 0940 the following three (3)
1-53 courses:
1-54 1. S 7749'47" E, 326.86 feet to a point,
1-55 2. S 2550'56" E, 398.11 to a 5/8 inch rebar with
1-56 yellow cap No. 1862 for angle point of the said Tract 1 (225.653
1-57 acres), and
1-58 3. S 4441'13" E, 681.80 feet to a point in the said
1-59 southwesterly line of Tract 1 (225,653 acres);
1-60 THENCE along the said southwesterly line of Tract 1 (225,653
1-61 acre), S 0228'39" W, 441.80 feet to a 5/8 inch rebar with yellow
1-62 cap no. 1862 for the southern most southwesterly corner of said
1-63 Tract 1 (225.653 acre);
1-64 THENCE, departing the said southwesterly line of Tract 1
1-65 (225.653 acre) and crossing said Tract 1 (225.653 acre) the
1-66 following two (2) courses:
1-67 1. S 5801'23" W, 2027.69 feet to a point, and
1-68 2. S 0601'46" W, 385.52 feet to a point in the said
2-1 south line of Tract 1 (225,653 acres), being the common line to
2-2 C.D. Stewart Survey No. 320 and the C.D. Stewart Survey No. 322 for
2-3 the southeast corner of the herein described tract;
2-4 THENCE with the said common line to C.D. Stewart Survey No.
2-5 320 and the C.D. Stewart Survey No. 322, N 86'56'39" W, 2125.00
2-6 feet to a 5/8 inch rebar with yellow cap no. Tex 4178 mark in the
2-7 southwest corner of the C.D. Stewart No. 320;
2-8 THENCE with the common line of the C.D. Stewart Survey No.
2-9 320 and the C.D. Stewart Survey No. 318, N 02'27'09" E, 5251.43
2-10 feet to the POINT OF BEGINNING containing 263.613 acres of land
2-11 more or less.
2-12 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-13 finds that the boundaries and field notes of the district form a
2-14 closure. A mistake in the field notes or in copying the field
2-15 notes in the legislative process does not affect the organization,
2-16 existence, or validity of the district, the right of the district
2-17 to levy and collect taxes, or the legality or operation of the
2-18 district or its governing body.
2-19 SECTION 5. FINDING OF BENEFIT. All of the land and other
2-20 property included within the boundaries of the district will be
2-21 benefited by the works and projects that are to be accomplished by
2-22 the district under powers conferred by Section 59, Article XVI,
2-23 Texas Constitution. The district is created to serve a public use
2-24 and benefit.
2-25 SECTION 6. POWERS. (a) The district has all of the rights,
2-26 powers, privileges, authority, functions, and duties provided by
2-27 the general law of this state, including Chapters 50 and 54, Water
2-28 Code, applicable to municipal utility districts created under
2-29 Section 59, Article XVI, Texas Constitution. This Act prevails
2-30 over any provision of general law that is in conflict or
2-31 inconsistent with this Act.
2-32 (b) The rights, powers, privileges, authority, functions,
2-33 and duties of the district are subject to the continuing right of
2-34 supervision of the state to be exercised by and through the Texas
2-35 Natural Resource Conservation Commission.
2-36 (c) The powers, authority, functions, and duties of the
2-37 district, along with any outstanding bonded indebtedness of the
2-38 district, will be assumed by a political subdivision which may
2-39 annex the territory included in Section 3 of this Act as provided
2-40 for by Chapter 43, Local Government Code.
2-41 (d) Any facilities to be constructed or acquired by the
2-42 district must have the plans and specifications therefor approved
2-43 by the El Paso Water Utilities Public Service Board, which approval
2-44 shall not be unreasonably withheld or delayed. The El Paso Water
2-45 Utilities Public Service Board shall have the right to either
2-46 inspect or to act as the construction manager for the district's
2-47 facilities to ensure that the facilities meet the applicable
2-48 standards of the Public Service Board. The Public Service Board
2-49 shall be paid a reasonable fee by the district for such services
2-50 consistent with fees charged for similar services provided by the
2-51 Public Service Board on similar utility construction contracts.
2-52 (e) This Act shall not diminish or affect the City of El
2-53 Paso's extraterritorial jurisdiction or its rights under any
2-54 applicable provisions of the Local Government Code.
2-55 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-56 governed by a board of five directors.
2-57 (b) Temporary directors appointed in this Act shall serve
2-58 until permanent directors are elected under Section 9 of this Act.
2-59 Until permanent directors are elected and qualified to hold office,
2-60 the temporary directors shall exercise all rights, powers,
2-61 privileges, authority, functions, and duties conferred upon the
2-62 district by general law, including Chapters 50 and 54, Water Code.
2-63 SECTION 8. APPOINTMENT OF TEMPORARY OFFICERS. (a) The
2-64 following persons are hereby appointed as the temporary directors
2-65 of the district:
2-66 1. Brad Bauma, El Paso County, Texas
2-67 2. Martin Lettunich, El Paso County, Texas
2-68 3. Reecie Lutich, El Paso County, Texas
2-69 4. L. J. Shamaley, El Paso County, Texas
2-70 5. Phil Lane, El Paso County, Texas
3-1 (b) The temporary directors shall take the oath of office
3-2 and execute bonds to qualify for holding their offices as soon as
3-3 possible after the effective date of this Act.
3-4 SECTION 9. CONFIRMATION AND INITIAL ELECTION. (a) The
3-5 temporary board of directors shall call and hold an election to
3-6 confirm establishment of the district and to elect five initial
3-7 directors as provided by Chapter 54, Water Code. Also at that
3-8 election, the board may submit to the voters propositions to
3-9 authorize issuance of bonds, a maintenance tax, and a tax to make
3-10 payments under a contract.
3-11 (b) Section 41.001(a), Election Code, does not apply to an
3-12 election held as provided by this section.
3-13 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-14 (a) The proper and legal notice of the intention to introduce this
3-15 Act, setting forth the general substance of this Act, has been
3-16 published as provided by law, and the notice and a copy of this Act
3-17 have been furnished to all persons, agencies, officials, or
3-18 entities to which they are required to be furnished by the
3-19 constitution and other laws of this state, including the governor,
3-20 who has submitted the notice and Act to the Texas Natural Resource
3-21 Conservation Commission.
3-22 (b) The Texas Natural Resource Conservation Commission has
3-23 filed its recommendations relating to this Act with the governor,
3-24 lieutenant governor, and speaker of the house of representatives
3-25 within the required time.
3-26 (c) All requirements of the constitution and laws of this
3-27 state and the rules and procedures of the legislature with respect
3-28 to the notice, introduction, and passage of this Act are fulfilled
3-29 and accomplished.
3-30 SECTION 11. EMERGENCY. The importance of this legislation
3-31 and the crowded condition of the calendars in both houses create an
3-32 emergency and an imperative public necessity that the
3-33 constitutional rule requiring bills to be read on three several
3-34 days in each house be suspended, and this rule is hereby suspended,
3-35 and that this Act take effect and be in force from and after its
3-36 passage, and it is so enacted.
3-37 * * * * *