By Serna                                              H.B. No. 3187
       74R6828 KKA-D
                                 A BILL TO BE ENTITLED
    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" E, 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        SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
    5-9  governed by a board of five directors.
   5-10        (b)  Temporary directors serve until initial directors are
   5-11  elected under Section 9 of this Act.
   5-12        (c)  Initial directors serve until permanent directors are
   5-13  elected under Section 10 of this Act.
   5-14        (d)  Permanent directors serve staggered four-year terms.
   5-15        (e)  Each director must qualify to serve as director in the
   5-16  manner provided by Section 54.025 or 54.116, Water Code, as
   5-17  appropriate.
   5-18        (f)  A director serves until the director's successor has
   5-19  qualified.
   5-20        SECTION 8.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  On or
   5-21  after the effective date of this Act, a person who owns land
   5-22  included in the district may petition the Texas Natural Resource
   5-23  Conservation Commission to appoint the five temporary directors
   5-24  listed in the petition.  The commission shall appoint the directors
   5-25  listed in the petition.  If the commission receives more than one
   5-26  petition under this subsection, the commission shall appoint the
   5-27  directors listed in the first petition the commission receives.
    6-1        (b)  A person appointed to be a temporary director shall take
    6-2  the oath of office as soon as practicable.
    6-3        (c)  If an appointee of the commission fails to qualify or a
    6-4  vacancy occurs in the office of temporary director, the commission
    6-5  shall appoint an individual to fill the vacancy.
    6-6        (d)  As soon as all temporary directors have qualified, the
    6-7  directors shall meet and elect officers from among their
    6-8  membership.
    6-9        SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
   6-10  (a) The temporary board of directors shall call and hold an
   6-11  election to confirm establishment of the district and to elect five
   6-12  initial directors as provided by Chapter 54, Water Code.
   6-13        (b)  Section 41.001(a), Election Code, does not apply to a
   6-14  confirmation election held as provided by this section.
   6-15        SECTION 10.  ELECTION OF DIRECTORS.  (a)  On the first
   6-16  Saturday in May that occurs in an even-numbered year after the date
   6-17  on which the confirmation election is held, an election shall be
   6-18  held in the district for the election of two directors who shall
   6-19  each serve two-year terms and three directors who shall each serve
   6-20  four-year terms.
   6-21        (b)  The board of directors by order may postpone the
   6-22  election for two years if:
   6-23              (1)  the election will occur within 60 days after the
   6-24  date on which the confirmation election is held; or
   6-25              (2)  the board determines that there is not sufficient
   6-26  time to comply with the requirements of law and to order the
   6-27  election.
    7-1        (c)  On the first Saturday in May of each even-numbered year
    7-2  following the first election held under this section, the
    7-3  appropriate number of directors shall be elected to the board.
    7-4        SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
    7-5  (a)  The proper and legal notice of the intention to introduce this
    7-6  Act, setting forth the general substance of this Act, has been
    7-7  published as provided by law, and the notice and a copy of this Act
    7-8  have been furnished to all persons, agencies, officials, or
    7-9  entities to which they are required to be furnished by the
   7-10  constitution and other laws of this state, including the governor,
   7-11  who has submitted the notice and Act to the Texas Natural Resource
   7-12  Conservation Commission.
   7-13        (b)  The Texas Natural Resource Conservation Commission has
   7-14  filed its recommendations relating to this Act with the governor,
   7-15  lieutenant governor, and speaker of the house of representatives
   7-16  within the required time.
   7-17        (c)  All requirements of the constitution and laws of this
   7-18  state and the rules and procedures of the legislature with respect
   7-19  to the notice, introduction, and passage of this Act are fulfilled
   7-20  and accomplished.
   7-21        SECTION 12.  EMERGENCY.  The importance of this legislation
   7-22  and the crowded condition of the calendars in both houses create an
   7-23  emergency and an imperative public necessity that the
   7-24  constitutional rule requiring bills to be read on three several
   7-25  days in each house be suspended, and this rule is hereby suspended,
   7-26  and that this Act take effect and be in force from and after its
   7-27  passage, and it is so enacted.