H.B. No. 3187
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. 1.
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. 1, 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. 1.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 A 441.741 acre tract of land situated in El Paso County, Texas in
1-19 the Pacific Railroad Company Survey No. 22 and the C. D. Stewart
1-20 Survey No. 320, more particularly described by metes and bounds as
1-21 follows:
1-22 BEGINNING at a 2" galvanized pipe marking the common corners
1-23 of Texas and Pacific Railway Company Surveys No. 21 and No. 22, the
1-24 R.C. Sparks Survey No. 325 and the C.D. Stewart Survey No. 320,
2-1 said pipe being the northeast corner of the herein described tract
2-2 and being the point of intersection of the southerly R.O.W. of
2-3 Ryderwood Avenue and the west R.O.W. of Ashford Street,
2-4 THENCE, departing the said southerly R.O.W. of Ryderwood
2-5 Avenue and along the common line of the C.D. Stewart Survey No. 320
2-6 and the R.C. Sparks Survey No. 325, same being the west R.O.W. line
2-7 of Ashford Street, S 0227'50" W, 5098.15 feet to a 5/8" rebar with
2-8 yellow cap no. 1862 being the southeast corner of the herein
2-9 described tract;
2-10 THENCE, departing the said west R.O.W. of Ashford Street, N
2-11 8618'23" W, 153.89 feet to a 5/8 inch rebar with yellow cap no.
2-12 1862 at a point of curvature;
2-13 THENCE a distance of 1185.73 feet along the arc of a curve to
2-14 the left whose radius is 4608.00 feet, central angle is 1444'36'
2-15 and whose chord bears S 8541'03" W, 1182.46 feet to a 5/8 inch
2-16 rebar with yellow cap No. 1862 on the common line of the C.D.
2-17 Stewart Survey No. 320 and the C.D. Stewart Survey No. 322;
2-18 THENCE along the said common line of C.D. Stewart Survey No.
2-19 320 and No. 322, N 8656'39" W, 1869.08 feet to a point being the
2-20 southwest corner of the herein described tract;
2-21 THENCE, departing the said common line of C.D. Stewart Survey
2-22 and crossing said Tract No. 1 (412.602 acres) the following two (2)
2-23 courses:
2-24 1. N 0601'46" E, 385.52 feet to a point, and
2-25 2. N 5801'23" E, 2027.69 feet to a 5/8 inch rebar
2-26 with yellow cap No. 1862 for the southernmost southwest corner of
2-27 said Tract 1 (225.653 acres)
3-1 THENCE along the southwest line of said Tract 1 (225.653
3-2 acres) N 0228'39" E, 441.80 feet to a point;
3-3 THENCE, departing the said southwest line of Tract 1 (225.653
3-4 acres) and crossing said Tract 1 (412,602 acres) the following
3-5 three (3) courses:
3-6 1. N 4441'13" W, 681.80 feet to a 5/8 inch rebar with
3-7 yellow cap no. 1862 for an angle point in the said southwest line
3-8 of Tract 1 (225.653),
3-9 2. N 2550'56" W, 398.11 feet to a point, and
3-10 3. N 7749'47" W, 326.86 feet to a point on the said
3-11 southwest line of Tract 1 (225.653 acres);
3-12 THENCE along the said southwest line of Tract 1, N 8654'33"
3-13 W, 688.87 feet to a 5/8 inch rebar with yellow cap No. 1862 for the
3-14 westernmost southwest corner of said Tract 1 (225.653 acres);
3-15 THENCE crossing said Tract 1 (412.602 acres) and Tract 2
3-16 (30.985 acres) the following three (3) courses:
3-17 1. S 7227'33" W, 661.99 feet to a point,
3-18 2. N 2249'54" W, 2200.84 feet to a point, and
3-19 3. N 1931'42" E, 1327.94 feet to a point on the south
3-20 R.O.W. line of Eastlake Drive (120.00 R.O.W.), from which the
3-21 northwest corner of the said Tract 2 bears N 8654'36" W, 950.00
3-22 feet;
3-23 THENCE along the said south R.O.W. line of Eastlake Drive, S
3-24 8657'49" E, 3759.02 feet to the northeast corner of the said State
3-25 of Texas 9.080 acre parcel,
3-26 THENCE, departing the said south R.O.W. line of Eastlake
3-27 Drive, along the east line of the said State of Texas 9.080 acre
4-1 parcel, S 0231'00" W, 560.00 feet passing the southeast corner of
4-2 the said State of Texas 9.080 and continuing across Ryderwood Road,
4-3 623.54 feet in all to a point in the north line of said Tract 1
4-4 (225.653 acres) being in the said common line of the Texas and
4-5 Pacific Railway Company Survey No. 22 and C.D. Stewart Survey No.
4-6 320;
4-7 THENCE along the said south R.O.W. line of Ryderwood road
4-8 being the said common line of Survey No. 22 and No. 320, S
4-9 8654'33" E, 614.92 feet to the POINT OF BEGINNING containing
4-10 441.741 acres of land more or less.
4-11 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
4-12 finds that the boundaries and field notes of the district form a
4-13 closure. A mistake in the field notes or in copying the field
4-14 notes in the legislative process does not affect the organization,
4-15 existence, or validity of the district, the right of the district
4-16 to levy and collect taxes, or the legality or operation of the
4-17 district or its governing body.
4-18 SECTION 5. FINDING OF BENEFIT. All of the land and other
4-19 property included within the boundaries of the district will be
4-20 benefited by the works and projects that are to be accomplished by
4-21 the district under powers conferred by Section 59, Article XVI,
4-22 Texas Constitution. The district is created to serve a public use
4-23 and benefit.
4-24 SECTION 6. POWERS. (a) The district has all of the rights,
4-25 powers, privileges, authority, functions, and duties provided by
4-26 the general law of this state, including Chapters 50 and 54, Water
4-27 Code, applicable to municipal utility districts created under
5-1 Section 59, Article XVI, Texas Constitution. This Act prevails
5-2 over any provision of general law that is in conflict or
5-3 inconsistent with this Act.
5-4 (b) The rights, powers, privileges, authority, functions,
5-5 and duties of the district are subject to the continuing right of
5-6 supervision of the state to be exercised by and through the Texas
5-7 Natural Resource Conservation Commission.
5-8 (c) The powers, authority, functions, and duties of the
5-9 district, along with any outstanding bonded indebtedness of the
5-10 district, will be assumed by a political subdivision which may
5-11 annex the territory included in Section 3 of this Act as provided
5-12 for by Chapter 43, Local Government Code.
5-13 (d) Any facilities to be constructed or acquired by the
5-14 district must have the plans and specifications therefor approved
5-15 by the El Paso Water Utilities Public Service Board, which approval
5-16 shall not be unreasonably withheld or delayed. The El Paso Water
5-17 Utilities Public Service Board shall have the right to either
5-18 inspect or to act as the construction manager for the district's
5-19 facilities to ensure that the facilities meet the applicable
5-20 standards of the Public Service Board. The Public Service Board
5-21 shall be paid a reasonable fee by the district for such services
5-22 consistent with fees charged for similar services provided by the
5-23 Public Service Board on similar utility construction contracts.
5-24 (e) This Act shall not diminish or affect the City of El
5-25 Paso's extraterritorial jurisdiction or its rights under any
5-26 applicable provisions of the Local Government Code.
5-27 SECTION 7. BOARD OF DIRECTORS. (a) The district is
6-1 governed by a board of five directors.
6-2 (b) Temporary directors appointed in this Act shall serve
6-3 until permanent directors are elected under Section 9 of this Act.
6-4 Until permanent directors are elected and qualified to hold office,
6-5 the temporary directors shall exercise all rights, powers,
6-6 privileges, authority, functions, and duties conferred upon the
6-7 district by general law, including Chapters 50 and 54, Water Code.
6-8 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
6-9 following persons are hereby appointed as the temporary directors
6-10 of the district:
6-11 1. Gerry Caldwell, El Paso County, Texas
6-12 2. Tony Bos, El Paso County, Texas
6-13 3. Steve Hicks, El Paso County, Texas
6-14 4. John Troeger, El Paso County, Texas
6-15 5. Teen Lettunich, El Paso County, Texas
6-16 (b) The temporary directors shall take the oath of office
6-17 and execute bonds to qualify for holding their office as soon as
6-18 possible after the effective date of this Act.
6-19 SECTION 9. CONFIRMATION AND INITIAL ELECTION. (a) The
6-20 temporary board of directors shall call and hold an election to
6-21 confirm establishment of the district and to elect five initial
6-22 directors as provided by Chapter 54, Water Code. Also at that
6-23 election, the board may submit to the voters propositions to
6-24 authorize issuance of bonds, a maintenance tax, and a tax to make
6-25 payments under a contract.
6-26 (b) Section 41.001(a), Election Code, does not apply to an
6-27 election held as provided by this section.
7-1 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
7-2 (a) The proper and legal notice of the intention to introduce this
7-3 Act, setting forth the general substance of this Act, has been
7-4 published as provided by law, and the notice and a copy of this Act
7-5 have been furnished to all persons, agencies, officials, or
7-6 entities to which they are required to be furnished by the
7-7 constitution and other laws of this state, including the governor,
7-8 who has submitted the notice and Act to the Texas Natural Resource
7-9 Conservation Commission.
7-10 (b) The Texas Natural Resource Conservation Commission has
7-11 filed its recommendations relating to this Act with the governor,
7-12 lieutenant governor, and speaker of the house of representatives
7-13 within the required time.
7-14 (c) All requirements of the constitution and laws of this
7-15 state and the rules and procedures of the legislature with respect
7-16 to the notice, introduction, and passage of this Act are fulfilled
7-17 and accomplished.
7-18 SECTION 11. EMERGENCY. The importance of this legislation
7-19 and the crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended,
7-23 and that this Act take effect and be in force from and after its
7-24 passage, and it is so enacted.