1-1 By: Serna (Senate Sponsor - Rosson) H.B. No. 3187
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. 1.
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. 1, 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. 1.
1-22 SECTION 3. BOUNDARIES. The district includes the territory
1-23 contained within the following area:
1-24 A 441.741 acre tract of land situated in El Paso County, Texas in
1-25 the Pacific Railroad Company Survey No. 22 and the C. D. Stewart
1-26 Survey No. 320, more particularly described by metes and bounds as
1-27 follows:
1-28 BEGINNING at a 2" galvanized pipe marking the common corners
1-29 of Texas and Pacific Railway Company Surveys No. 21 and No. 22, the
1-30 R.C. Sparks Survey No. 325 and the C.D. Stewart Survey No. 320,
1-31 said pipe being the northeast corner of the herein described tract
1-32 and being the point of intersection of the southerly R.O.W. of
1-33 Ryderwood Avenue and the west R.O.W. of Ashford Street,
1-34 THENCE, departing the said southerly R.O.W. of Ryderwood
1-35 Avenue and along the common line of the C.D. Stewart Survey No. 320
1-36 and the R.C. Sparks Survey No. 325, same being the west R.O.W. line
1-37 of Ashford Street, S 0227'50" W, 5098.15 feet to a 5/8" rebar with
1-38 yellow cap no. 1862 being the southeast corner of the herein
1-39 described tract;
1-40 THENCE, departing the said west R.O.W. of Ashford Street, N
1-41 8618'23" W, 153.89 feet to a 5/8 inch rebar with yellow cap no.
1-42 1862 at a point of curvature;
1-43 THENCE a distance of 1185.73 feet along the arc of a curve to
1-44 the left whose radius is 4608.00 feet, central angle is 1444'36'
1-45 and whose chord bears S 8541'03" W, 1182.46 feet to a 5/8 inch
1-46 rebar with yellow cap No. 1862 on the common line of the C.D.
1-47 Stewart Survey No. 320 and the C.D. Stewart Survey No. 322;
1-48 THENCE along the said common line of C.D. Stewart Survey No.
1-49 320 and No. 322, N 8656'39" W, 1869.08 feet to a point being the
1-50 southwest corner of the herein described tract;
1-51 THENCE, departing the said common line of C.D. Stewart Survey
1-52 and crossing said Tract No. 1 (412.602 acres) the following two (2)
1-53 courses:
1-54 1. N 0601'46" E, 385.52 feet to a point, and
1-55 2. N 5801'23" E, 2027.69 feet to a 5/8 inch rebar
1-56 with yellow cap No. 1862 for the southernmost southwest corner of
1-57 said Tract 1 (225.653 acres)
1-58 THENCE along the southwest line of said Tract 1 (225.653
1-59 acres) N 0228'39" E, 441.80 feet to a point;
1-60 THENCE, departing the said southwest line of Tract 1 (225.653
1-61 acres) and crossing said Tract 1 (412,602 acres) the following
1-62 three (3) courses:
1-63 1. N 4441'13" W, 681.80 feet to a 5/8 inch rebar with
1-64 yellow cap no. 1862 for an angle point in the said southwest line
1-65 of Tract 1 (225.653),
1-66 2. N 2550'56" W, 398.11 feet to a point, and
1-67 3. N 7749'47" W, 326.86 feet to a point on the said
1-68 southwest line of Tract 1 (225.653 acres);
2-1 THENCE along the said southwest line of Tract 1, N 8654'33"
2-2 W, 688.87 feet to a 5/8 inch rebar with yellow cap No. 1862 for the
2-3 westernmost southwest corner of said Tract 1 (225.653 acres);
2-4 THENCE crossing said Tract 1 (412.602 acres) and Tract 2
2-5 (30.985 acres) the following three (3) courses:
2-6 1. S 7227'33" W, 661.99 feet to a point,
2-7 2. N 2249'54" W, 2200.84 feet to a point, and
2-8 3. N 1931'42" E, 1327.94 feet to a point on the south
2-9 R.O.W. line of Eastlake Drive (120.00 R.O.W.), from which the
2-10 northwest corner of the said Tract 2 bears N 8654'36" W, 950.00
2-11 feet;
2-12 THENCE along the said south R.O.W. line of Eastlake Drive, S
2-13 8657'49" E, 3759.02 feet to the northeast corner of the said State
2-14 of Texas 9.080 acre parcel,
2-15 THENCE, departing the said south R.O.W. line of Eastlake
2-16 Drive, along the east line of the said State of Texas 9.080 acre
2-17 parcel, S 0231'00" W, 560.00 feet passing the southeast corner of
2-18 the said State of Texas 9.080 and continuing across Ryderwood Road,
2-19 623.54 feet in all to a point in the north line of said Tract 1
2-20 (225.653 acres) being in the said common line of the Texas and
2-21 Pacific Railway Company Survey No. 22 and C.D. Stewart Survey No.
2-22 320;
2-23 THENCE along the said south R.O.W. line of Ryderwood road
2-24 being the said common line of Survey No. 22 and No. 320, S
2-25 8654'33" E, 614.92 feet to the POINT OF BEGINNING containing
2-26 441.741 acres of land more or less.
2-27 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-28 finds that the boundaries and field notes of the district form a
2-29 closure. A mistake in the field notes or in copying the field
2-30 notes in the legislative process does not affect the organization,
2-31 existence, or validity of the district, the right of the district
2-32 to levy and collect taxes, or the legality or operation of the
2-33 district or its governing body.
2-34 SECTION 5. FINDING OF BENEFIT. All of the land and other
2-35 property included within the boundaries of the district will be
2-36 benefited by the works and projects that are to be accomplished by
2-37 the district under powers conferred by Section 59, Article XVI,
2-38 Texas Constitution. The district is created to serve a public use
2-39 and benefit.
2-40 SECTION 6. POWERS. (a) The district has all of the rights,
2-41 powers, privileges, authority, functions, and duties provided by
2-42 the general law of this state, including Chapters 50 and 54, Water
2-43 Code, applicable to municipal utility districts created under
2-44 Section 59, Article XVI, Texas Constitution. This Act prevails
2-45 over any provision of general law that is in conflict or
2-46 inconsistent with this Act.
2-47 (b) The rights, powers, privileges, authority, functions,
2-48 and duties of the district are subject to the continuing right of
2-49 supervision of the state to be exercised by and through the Texas
2-50 Natural Resource Conservation Commission.
2-51 (c) The powers, authority, functions, and duties of the
2-52 district, along with any outstanding bonded indebtedness of the
2-53 district, will be assumed by a political subdivision which may
2-54 annex the territory included in Section 3 of this Act as provided
2-55 for by Chapter 43, Local Government Code.
2-56 (d) Any facilities to be constructed or acquired by the
2-57 district must have the plans and specifications therefor approved
2-58 by the El Paso Water Utilities Public Service Board, which approval
2-59 shall not be unreasonably withheld or delayed. The El Paso Water
2-60 Utilities Public Service Board shall have the right to either
2-61 inspect or to act as the construction manager for the district's
2-62 facilities to ensure that the facilities meet the applicable
2-63 standards of the Public Service Board. The Public Service Board
2-64 shall be paid a reasonable fee by the district for such services
2-65 consistent with fees charged for similar services provided by the
2-66 Public Service Board on similar utility construction contracts.
2-67 (e) This Act shall not diminish or affect the City of El
2-68 Paso's extraterritorial jurisdiction or its rights under any
2-69 applicable provisions of the Local Government Code.
2-70 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-1 governed by a board of five directors.
3-2 (b) Temporary directors appointed in this Act shall serve
3-3 until permanent directors are elected under Section 9 of this Act.
3-4 Until permanent directors are elected and qualified to hold office,
3-5 the temporary directors shall exercise all rights, powers,
3-6 privileges, authority, functions, and duties conferred upon the
3-7 district by general law, including Chapters 50 and 54, Water Code.
3-8 SECTION 8. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
3-9 following persons are hereby appointed as the temporary directors
3-10 of the district:
3-11 1. Gerry Caldwell, El Paso County, Texas
3-12 2. Tony Bos, El Paso County, Texas
3-13 3. Steve Hicks, El Paso County, Texas
3-14 4. John Troeger, El Paso County, Texas
3-15 5. Teen Lettunich, El Paso County, Texas
3-16 (b) The temporary directors shall take the oath of office
3-17 and execute bonds to qualify for holding their office as soon as
3-18 possible after the effective date of this Act.
3-19 SECTION 9. CONFIRMATION AND INITIAL ELECTION. (a) The
3-20 temporary board of directors shall call and hold an election to
3-21 confirm establishment of the district and to elect five initial
3-22 directors as provided by Chapter 54, Water Code. Also at that
3-23 election, the board may submit to the voters propositions to
3-24 authorize issuance of bonds, a maintenance tax, and a tax to make
3-25 payments under a contract.
3-26 (b) Section 41.001(a), Election Code, does not apply to an
3-27 election held as provided by this section.
3-28 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-29 (a) The proper and legal notice of the intention to introduce this
3-30 Act, setting forth the general substance of this Act, has been
3-31 published as provided by law, and the notice and a copy of this Act
3-32 have been furnished to all persons, agencies, officials, or
3-33 entities to which they are required to be furnished by the
3-34 constitution and other laws of this state, including the governor,
3-35 who has submitted the notice and Act to the Texas Natural Resource
3-36 Conservation Commission.
3-37 (b) The Texas Natural Resource Conservation Commission has
3-38 filed its recommendations relating to this Act with the governor,
3-39 lieutenant governor, and speaker of the house of representatives
3-40 within the required time.
3-41 (c) All requirements of the constitution and laws of this
3-42 state and the rules and procedures of the legislature with respect
3-43 to the notice, introduction, and passage of this Act are fulfilled
3-44 and accomplished.
3-45 SECTION 11. EMERGENCY. The importance of this legislation
3-46 and the crowded condition of the calendars in both houses create an
3-47 emergency and an imperative public necessity that the
3-48 constitutional rule requiring bills to be read on three several
3-49 days in each house be suspended, and this rule is hereby suspended,
3-50 and that this Act take effect and be in force from and after its
3-51 passage, and it is so enacted.
3-52 * * * * *