78R6987 SGA-F
By: Quintanilla H.B. No. 3582
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Paseo del Este Municipal Utility
Districts No. 1, 2, 3, 4, 5, 6, 7, 8, and 9 and to the authorization
of bonds and the imposition of taxes; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. DEFINITIONS. Except as otherwise provided by
this Act, in this Act:
(1) "Board" or "boards" means, as appropriate, the
board of directors of one or all of the districts created under
Section 1.02 of this Act.
(2) "County" means El Paso County, Texas.
(3) "District" or "districts" means, as appropriate,
one or all of the Paseo del Este Municipal Utility Districts No. 1,
2, 3, 4, 5, 6, 7, 8, and 9 created under Section 1.02 of this Act.
SECTION 1.02. CREATION. (a) Nine conservation and
reclamation districts, to be known as Paseo del Este Municipal
Utility Districts No. 1, 2, 3, 4, 5, 6, 7, 8, and 9 are created.
Each district is a governmental agency and a body politic and
corporate.
(b) Each district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) Each district has the powers of a municipal utility
district as provided by Chapter 54, Water Code, and is governed by
Chapters 49 and 54, Water Code, unless otherwise provided by this
Act.
SECTION 1.03. BOUNDARIES. (a) Each of the districts
includes, respectively, the territory contained within the
following areas as indicated:
Paseo del Este Municipal Utility District No. 1: FIELD NOTES
DESCRIBING 777.502 acres of land, being a portion of Section 18,
Block 79, Township 3, Texas and Pacific Railway Company Survey, a
portion of Section 315 1/2, W. J. Rand Survey, a portion of Section
317, C. D. Stewart Survey, a portion of Section 24, C. D. Stewart
Survey, and a portion of Section 316, O. A. Danielson Survey,
situated in El Paso County, Texas, and being more particularly
described by metes and bounds as PARCEL A, PARCEL B, PARCEL C and
PARCEL D as follows:
PARCEL A (120.674 ACRES)
BEGINNING at the Northeast corner of said Section 18, being the
common corner of Sections 14, 15, 18, and 19, Block 79, Township 3,
Texas and Pacific Railway Company Survey, for the Northeast corner
and POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 18 and 19,
S00°32'13"E, 2007.97 feet to the Southeast corner of this tract.
THENCE West, 2622.66 feet to the Southwest corner of this tract.
THENCE N00°16'06"W, 2007.91 feet to a point in the division line
between said Sections 15 and 18, for the Northwest corner of this
tract.
THENCE with the division line between said Sections 15 and 18, East,
2613.25 feet to the POINT OF BEGINNING of this tract, containing
120.674 acres of land, more or less.
PARCEL B (126.598 ACRES)
BEGINNING at a point in the division line between Sections 17 and
18, Block 79, Township 3, Texas and Pacific Railway Company Survey,
from which point the Southwest corner of said Section 18, being the
common corner of Sections 17 and 18, Block 79, Township 3, Texas and
Pacific Railway Company Survey, Section 315 1/2, W. J. Rand Survey
and Section 319, C. D. Stewart Survey, bears South, 1566.47 feet,
for the Southwest corner and POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 17 and 18,
North, 1096.42 feet to the Northwest corner of this tract.
THENCE East, 5251.46 feet to a point in the division line between
Sections 18 and 19, Block 79, Township 3, Texas and Pacific Railway
Company Survey, for the Northeast corner of this tract.
THENCE with the division line between said Sections 18 and 19,
S00°32'13"E, 1001.89 feet to the Southeast corner of this tract.
THENCE S88°58'13"W, 5261.70 feet to the POINT OF BEGINNING of this
tract, containing 126.598 acres of land, more or less.
PARCEL C (158.726 ACRES)
BEGINNING at the Southwest corner of said Section 315 1/2, being the
common corner of Section 315 1/2, W. J. Rand Survey, Section 315 and
316, O. A Danielson Survey and Section 317, C. D. Stewart Survey,
for the Southwest corner and POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 315 and 315 1/2,
North, 4263.48 feet to the Northwest corner of this tract.
THENCE S86°44'33"E, 787.13 feet to the Point of Curvature of a curve
to the left having a radius of 2000.00 feet and a central angle of
2°38'18".
THENCE with the arc of said curve 92.09 feet, the long chord of
which bears S88°03'42"E, 92.08 feet to the Point of Tangency of said
curve.
THENCE S89°22'51"E, 228.77 feet to the Point of Curvature of a curve
to the right having a radius of 1117.00 feet and a central angle of
95°06'00".
THENCE with the arc of said curve 1854.00 feet, the long chord of
which bears S41°49'51"E, 1648.39 feet to the Point of Tangency of
said curve.
THENCE S05°43'09"W, 568.59 feet to the Point of Curvature of a curve
to the left having a radius of 1000.00 feet and a central angle of
28°54'04".
THENCE with the arc of said curve 504.42 feet, the sub-chord of
which bears S08°43'53"E, 499.09 feet to the Point of Tangency of
said curve.
THENCE S49°07'25"W, 2942.79 feet to the POINT OF BEGINNING of this
tract, containing 158.726 acres of land, more or less.
PARCEL D (371.504 ACRES)
BEGINNING at a point in the division line between said Sections 315
and 316, being in the Southwest right-of-way line of Rojas Drive,
from which point the common corner of Sections 315 and 316, O. A.
Danielson Survey, Section 315 1/2, W. J. Rand Survey and Section
317, C. D. Stewart Survey, bears East, 658.47 feet, for the North
corner and POINT OF BEGINNING of this tract, being the non-tangent
Point of Curvature of a curve to the left having a radius of 2460
feet and a central angle of 1°49'19".
THENCE with the Southwest right-of-way line of Rojas Drive, the
following four (4) courses:
1. with the arc of said curve 78.22 feet, the sub-chord of which
bears S32°27'21"E, 78.22 feet to the Point of Tangency of said
curve.
2. S33°22'01"E, 102.80 feet to the Point of Curvature of a curve to
the left having a radius of 1903.25 feet and a central angle of
17°46'27".
3. with the arc of said curve 590.42 feet, the long chord of which
bears S42°15'14"E, 588.06 feet to the Point of Tangency of said
curve.
4. S51°08'28"E, at a distance of 2567.00 feet pass the intersection
of the Southwest right-of-way line of Rojas Drive and the Northwest
right-of-way line of Eastlake Drive and continue in all a total
distance of 2687.85 feet to a point in the Southeast right-of-way
line of Eastlake Drive, for an angle point of this tract.
THENCE with the Southeast right-of-way line of Eastlake Drive,
N43°37'21"E, 1231.38 feet to an angle point of this tract.
THENCE S79°37'38"E, 541.29 feet to an angle point of this tract.
THENCE S48°13'05"E, 676.82 feet to an angle point of this tract.
THENCE S65°06'33"W, 442.89 feet to an angle point of this tract.
THENCE N80°59'45"W, 163.50 feet to an angle point of this tract.
THENCE S17°21'14"E, 110.76 feet to an angle point of this tract.
THENCE S40°14'35"E, 251.54 feet to an angle point of this tract.
THENCE S22°31'14"W, 110.96 feet to an angle point of this tract.
THENCE S45°55'55"W, 543.48 feet to an angle point of this tract.
THENCE S63°14'39"W, 91.20 feet to the non-tangent Point of Curvature
of a curve to the left having a radius of 2140.00 feet and a central
angle of 22°56'28".
THENCE with the arc of said curve 856.85 feet, the sub-chord of
which bears S69°15'44"E, 851.14 feet to the Point of Tangency of
said curve.
THENCE S80°43'58"E, 1447.67 feet to the most Easterly Northeast
corner of this tract.
THENCE S00°33'11"E, 227.74 feet to an angle point of this tract.
THENCE S46°00'44"W, 2895.45 feet to an ell corner of this tract.
THENCE N44°03'22"W, 546.55 feet to an ell corner of this tract.
THENCE S45°56'38"W, 866.75 feet to a point in the Northeast
right-of-way line of Interstate Highway 10, for an ell corner of
this tract.
THENCE with the Northeast right-of-way line of Interstate Highway
10, the following eight (8) courses:
1. N43°59'16"W, 890.66 feet to an angle point of this tract.
2. N43°59'32"W, 1352.30 feet to an angle point of this tract.
3. N01°00'28"E, 212.13 feet to an angle point of this tract.
4. N46°00'28"E, 450.00 feet to an ell corner of this tract.
5. N43°59'32"W, 550.00 feet to an ell corner of this tract.
6. S46°00'28"W, 449.99 feet to an angle point of this tract.
7. N88°59'48"W, 212.14 feet to an angle point of this tract.
8. N43°59'48"W, 1311.11 feet to an angle point of this tract.
THENCE N45°04'14"E, 242.44 feet to the Point of Curvature of a curve
to the left having a radius of 530.08 feet and a central angle of
50°30'00".
THENCE with the arc of said curve 467.21 feet, the long chord of
which bears N19°49'14"E, 452.23 feet to the Point of Tangency of
said curve.
THENCE N05°25'46"W, 797.63 feet to the Point of Curvature of a curve
to the left having a radius of 758.13 feet and a central angle of
38°34'02".
THENCE with the arc of said curve 510.32 feet, the long chord of
which bears N24°42'47"W, 500.74 feet to the Point of Reverse
Curvature of a curve to the right having a radius of 353.14 feet and
a central angle of 80°41'53".
THENCE with the arc of said curve 497.38 feet, the long chord of
which bears N03°38'51"W, 457.28 feet to the Point of Tangency of
said curve.
THENCE N36°42'05"E, 528.02 feet to the POINT OF BEGINNING of this
tract, containing 371.504 acres of land, more or less.
IN ALL, SAID PARCEL A, said PARCEL B, said PARCEL C and said PARCEL D
contain an aggregate total of 777.502 acres of land more or less.
Paseo del Este Municipal Utility District No. 2: FIELD NOTES
DESCRIBING 380.518 acres of land, being a portion of Section 315
1/2, W. J. Rand Survey, a portion of Section 319, C. D. Stewart
Survey, and a portion of Section 18, Block 79, Township 3, Texas and
Pacific Railway Company Survey, situated in El Paso County, Texas,
and being more particularly described by metes and bounds as
follows:
BEGINNING at the Northwest corner of said Section 315 1/2, being the
common corner of said Section 315 1/2, Section 17, Block 79,
Township 3, Texas and Pacific Railway Company Survey, and Sections
312 and 315, O. A. Danielson Survey, for the Northwest corner and
POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 17 and 315 1/2,
East, 5318.17 feet to the common corner of said Sections 315 1/2,
319, 17 and 18, for an ell corner of this tract.
THENCE with the division line between said Sections 315 1/2 and 319,
South, 44.55 feet to an angle point of this tract.
THENCE N88°06'04"E, 1705.68 feet to an angle point of this tract.
THENCE S83°32'37"E, 202.46 feet to an angle point of this tract.
THENCE S66°52'59"E, 245.59 feet to an angle point of this tract.
THENCE S61°45'08"E, 505.52 feet to an angle point of this tract.
THENCE S55°23'03"E, 1587.84 feet to the East corner of this tract.
THENCE S76°31'51"W, 4031.48 feet to an angle point of this tract.
THENCE S69°42'16"W, 3258.64 feet to the non-tangent Point of
Curvature of a curve to the right having a radius of 1000.00 feet
and a central angle of 28°54'04".
THENCE with the arc of said curve 504.42 feet, the sub-chord of
which bears N08°43'53"W, 499.09 feet to the Point of Tangency of
said curve.
THENCE N05°43'09"E, 568.59 feet to the Point of Curvature of a curve
to the left having a radius of 1117.00 feet and a central angle of
95°06'00".
THENCE with the arc of said curve 1854.00 feet, the long chord of
which bears N41°49'51"W, 1648.39 feet to the Point of Tangency of
said curve.
THENCE N89°22'51"W, 228.77 feet to the Point of Curvature of a curve
to the right having a radius of 2000.00 feet and a central angle of
2°38'18".
THENCE with the arc of said curve 92.09 feet, the long chord of
which bears N88°03'42"W, 92.08 feet to the Point of Tangency of said
curve.
THENCE N86°44'33"W, 787.13 feet to a point in the division line
between said Sections 315 and 315 1/2, for the Southwest corner of
this tract.
THENCE with the division line between said Sections 315 and 315 1/2,
North, 980.17 feet to the POINT OF BEGINNING of this tract,
containing 380.518 acres of land more or less.
Paseo del Este Municipal Utility District No. 3: FIELD NOTES
DESCRIBING 411.444 acres of land, being a portion of Section 315
1/2, W. J. Rand Survey, a portion of Section 317, C. D. Stewart
Survey, a portion of Section 318, C. D. Stewart Survey, a portion of
Section 319, C. D. Stewart Survey, and a portion of Section 316, O.
A. Danielson Survey, situated in El Paso County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at the Southwest corner of said Section 315 1/2, being the
common corner of said Sections 315 1/2, 316, 317 and Section 315, O.
A. Danielson Survey, for the POINT OF BEGINNING of this tract.
THENCE N49°07'25"E, 2942.79 feet to the non-tangent Point of
Curvature of a curve to the left having a radius of 1000.00 feet and
a central angle of 58°59'18".
THENCE with the arc of said curve 1029.54 feet the sub-chord of
which bears S52°40'34"E, 984.67 feet to the Point of Tangency of
said curve.
THENCE S82°10'13"E, 100.21 feet to the Point of Curvature of a curve
to the left having a radius of 2098.00 feet and a central angle of
27°14'35".
THENCE with the arc of said curve 997.55 feet, the sub-chord of
which bears N84°12'29"E, 988.18 feet to the Point of Tangency of
said curve.
THENCE S17°55'45"E, 1210.06 feet to a point in the South
right-of-way line of Eastlake Drive for the non-tangent Point of
Curvature of a curve to the right having a radius of 2428.76 feet
and a central angle of 31°26'33".
THENCE with the South right-of-way line of Eastlake Drive, the
following two (2) courses:
1. with the arc of said curve 1332.85 feet, the sub-chord of which
bears N74°16'53"E, 1316.19 feet to the Point of Tangency of said
curve.
2. S89°59'51"E, 868.41 feet to the most Easterly Northeast corner
of this tract.
THENCE South, 397.96 feet to an angle point of this tract.
THENCE S55°35'22"W, 1536.54 feet to a point in the division line
between said Sections 317 and 318, for an angle point of this tract.
THENCE with the division line between said Sections 317 and 318,
N00°33'11"W, 646.17 feet to the common corner of said Sections 315
1/2, 317, 318 and 319, for an ell corner of this tract.
THENCE with the division line between said Sections 315 1/2 and 317,
West, 200.01 feet to an ell corner of this tract.
THENCE S00°33'11"E, 3445.27 feet to the Southwest corner of this
tract.
THENCE N80°43'58"W, 1447.67 feet to the Point of Curvature of a
curve to the right having a radius of 2140.00 feet and a central
angle of 22°56'28".
THENCE with the arc of said curve 856.85 feet, the sub-chord of
which bears N69°15'44"W, 851.14 feet to the Point of Tangency of
said curve.
THENCE N63°14'39"E, 91.20 feet to an angle point of this tract.
THENCE N45°55'55"E, 543.48 feet to an angle point of this tract.
THENCE N22°31'14"E, 110.96 feet to an angle point of this tract.
THENCE N40°14'35"W, 251.54 feet to an angle point of this tract.
THENCE N17°21'14"W, 110.76 feet to an angle point of this tract.
THENCE S80°59'45"E, 163.50 feet to an angle point of this tract.
THENCE N65°06'33"E, 442.89 feet to an angle point of this tract.
THENCE N48°13'05"W, 676.82 feet to an angle point of this tract.
THENCE N79°37'38"W, 541.29 feet to a point in the Southeast
right-of-way line of Eastlake Drive, for an angle point of this
tract.
THENCE with the Southeast right-of-way line of Eastlake Drive,
S43°37'21"W, 1231.38 feet to an angle point of this tract.
THENCE N51°08'28"W, at a distance of 120.85 feet pass the
intersection of the Northwest right-of-way line of Eastlake Drive
and the Southwest right-of-way line of Rojas Drive, and continue
with the Southwest right-of-way line of Rojas Drive, in all a total
distance of 2687.85 feet to the Point of Curvature of a curve to the
right having a radius of 1903.25 feet and a central angle of
17°46'27".
THENCE with the Southwest right-of-way line of Rojas Drive, the
following three (3) courses:
1. with the arc of said curve 590.42 feet, the long chord of which
bears N42°15'14"W, 588.06 feet to the Point of Curvature of said
curve.
2. N33°22'01"W, 102.80 feet the Point of Curvature of a curve to
the right having a radius of 2460.00 feet and a central angle of
1°49'19".
3. with the arc of said curve 78.22 feet, the sub-chord of which
bears N32°27'21"W, 78.22 feet to a point in the division line
between said Sections 315 and 316, for the Point of Tangency of said
curve and the West corner of this tract.
THENCE with the division line between said Sections 315 and 316,
East, 658.47 feet to the POINT OF BEGINNING of this tract,
containing 411.444 acres of land, more or less.
Paseo del Este Municipal Utility District No. 4: FIELD NOTES
DESCRIBING 318.342 acres of land, being a portion of Section 319, C.
D. Stewart Survey, and a portion of Sections 18 and 22, Block 79,
Township 3, Texas and Pacific Railway Company Survey, situated in
El Paso County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the division line between Sections 315 1/2,
W. J. Rand Survey, and Section 319, C. D. Stewart Survey, from which
point the common corner of Sections 315 1/2, W. J. Rand Survey,
Sections 17 and 18, Block 79, Township 3, Texas and Pacific Railway
Company Survey, and Section 319, C. D. Stewart Survey Survey, bears
North, 44.55 feet, for the Southwest corner and POINT OF BEGINNING
of this tract.
THENCE with the division line between said Sections 315 1/2 and 17,
North, at a distance of 44.55 feet pass the common corner of said
Sections 17, 18, 315 1/2 and 319, and continue with the division
line between said Sections 17 and 18, in all a total distance of
1611.02 feet to the Northwest corner of this tract.
THENCE N88°58'13"E, 5261.70 feet to a point in the division line
between Sections 18 and 19, Block 79, Township 3, Texas and Pacific
Railway Company Survey, for the Northeast corner of this tract.
THENCE with the division line between said Sections 18 and 19
S00°32'13"E, 1661.11 feet to the common corner of said Sections 18,
19, 22 and 319, for an ell corner of this tract.
THENCE with the division line between said Sections 19 and 22, East,
1620.99 feet to an angle point of this tract.
THENCE S45°14'46"E, 1478.75 feet to an angle point of this tract.
THENCE S89°59'09"W, 2661.34 feet to an angle point of this tract.
THENCE S63°15'39"W, 1565.76 feet to an angle point of this tract.
THENCE N00°27'28"W, 497.81 feet to an angle point of this tract.
THENCE N55°23'03"W, 1587.84 feet to an angle point of this tract.
THENCE N61°45'08"W, 505.52 feet to an angle point of this tract.
THENCE N66°52'59"W, 245.59 feet to an angle point of this tract.
THENCE N83°32'37"W, 202.46 feet to an angle point of this tract.
THENCE S88°06'04"W, 1705.68 feet to the POINT OF BEGINNING of this
tract, containing 318.342 acres of land more or less.
Paseo del Este Municipal Utility District No. 5: FIELD NOTES
DESCRIBING 456.666 acres of land, being a portion of Section 22,
Block 79, Township 3, Texas and Pacific Railway Company Survey, a
portion of Section 315 1/2, W. J. Rand Survey, and a portion of
Section 319, C. D. Stewart Survey, situated in El Paso County,
Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the South right-of-way line of Eastlake
Drive, from which point the Southwest corner of said Section 22,
being the Southeast corner of said Section 319, bears N89°59'51"W,
1375.18 feet and S00°33'12"E, 619.99 feet, for the Southeast corner
and POINT OF BEGINNING of this tract.
THENCE with the South right-of-way line of Eastlake Drive, the
following two (2) courses:
1. N89°59'51"W, 6282.87 feet to the Point of Curvature of a curve
to the left having a radius of 2428.76 feet and a central angle of
31°26'33".
2. with the arc of said curve 1332.85 feet, the sub-chord of which
bears S74°16'53"W, 1316.19 feet to the Point of Tangency of said
curve.
THENCE N17°55'45"W, 1210.06 feet to the non-tangent Point of
Curvature of a curve to the right having a radius of 2098.00 feet
and a central angle of 27°14'35".
THENCE with the arc of said curve 997.55 feet, the sub-chord of
which bears S84°12'29"W, 988.18 feet to the Point of Tangency of
said curve.
THENCE N82°10'13"W, 100.21 feet to the Point of Curvature of a curve
to the right having a radius of 1000.00 feet and a central angle of
58°59'18".
THENCE with the arc of said curve 1029.54 feet, the sub-chord of
which bears N52°40'34"W, 984.67 feet to the Point of Tangency of
said curve.
THENCE N69°42'16"E, 3258.64 feet to an angle point of this tract.
THENCE N76°31'51"E, 4031.48 feet to the most Northerly Northwest
corner of this tract.
THENCE S00°27'28"E, 1934.23 feet to an angle point of this tract.
THENCE S89°54'15"E, 1266.23 feet to an angle point of this tract.
THENCE N83°59'20"E, 1537.71 feet to an angle point of this tract.
THENCE South, 1600.03 feet to the POINT OF BEGINNING of this tract,
containing 456.666 acres of land more or less.
Paseo del Este Municipal Utility District No. 6: FIELD NOTES
DESCRIBING 365.657 acres of land, being a portion of Section 318, C.
D. Stewart Survey, and Section 319, C. D. Stewart Survey, situated
in El Paso County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at the Southwest corner of said Section 318, being the
common corner of Sections 317, 318, 323 and 324, C. D. Stewart
Survey, for the Southwest corner and POINT OF BEGINNING of this
tract.
THENCE with the division line between said Sections 317 and 318,
N00°33'11"W, 4603.13 feet to an angle point of this tract.
THENCE N55°35'22"E, 1536.54 feet to an angle point of this tract.
THENCE North, 397.96 feet to a point in the South right-of-way line
of Eastlake Drive, for the Northwest corner of this tract.
THENCE with the South right-of-way line of Eastlake Drive,
S89°59'51"E, 1146.92 feet to the Northeast corner of this tract.
THENCE S00°00'09"W, 32.97 feet to the Point of Curvature of a curve
to the left having a radius of 2739.60 feet and a central angle of
28°17'21".
THENCE with the arc of said curve 1352.65 feet, the long chord of
which bears S14°08'31"E, 1338.95 feet to the Point of Tangency of
said curve.
THENCE S28°17'12"E, 783.16 feet to the Point of Curvature of a curve
to the right having a radius of 2009.36 feet and a central angle of
51°11'32".
THENCE with the arc of said curve 1795.31 feet, the long chord of
which bears S02°41'26"E, 1736.18 feet to the Point of Tangency of
said curve.
THENCE S22°54'20"W, 808.67 feet to the Point of Curvature of a curve
to the left having a radius of 2282.92 feet and a central angle of
24°54'28".
THENCE with the arc of said curve 992.43 feet, the long chord of
which bears S10°27'06"W, 984.64 feet to the Point of Tangency of
said curve.
THENCE S02°00'08"E, 400.94 feet to a point in the South line of said
Section 318, being the North line of said Section 323, for the
Southeast corner of this tract.
THENCE with the division line between said Sections 318 and 323,
West, 2670.56 feet to the POINT OF BEGINNING of this tract,
containing 365.657 acres of land, more or less.
Paseo del Este Municipal Utility District No. 7: FIELD NOTES
DESCRIBING 323.640 acres of land, being a portion of Section 318, C.
D. Stewart Survey, and Section 319, C. D. Stewart Survey, situated
in El Paso County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at the Southeast corner of said Section 318, being the
common corner of Sections 318, 320, 322 and 323, C. D. Stewart
Survey, for the Southeast corner and POINT OF BEGINNING of this
tract.
THENCE with the division line between said Sections 318 and 323,
West, 2648.64 feet to an angle point of this tract.
THENCE N02°00'08"W, 400.94 feet to the Point of Curvature of a curve
to the right having a radius of 2282.92 feet and a central angle of
24°54'28".
THENCE with the arc of said curve 992.43 feet, the long chord of
which bears N10°27'06"E, 984.64 feet to the Point of Tangency of
said curve.
THENCE N22°54'20"E, 808.67 feet to the Point of Curvature of a curve
to the left having a radius of 2009.36 feet and a central angle of
51°11'32".
THENCE with the arc of said curve 1795.31 feet, the long chord of
which bears N02°41'26"W, 1736.18 feet to the Point of Tangency of
said curve.
THENCE N28°17'12"W, 783.16 feet to the Point of Curvature of a curve
to the right having a radius of 2739.60 feet and a central angle of
28°17'21".
THENCE with the arc of said curve 1352.65 feet, the long chord of
which bears N14°08'31"W, 1338.95 feet to the Point of Tangency of
said curve.
THENCE N00°00'09"E, 32.97 feet to a point in the South right-of-way
line of Eastlake Drive, for the Northwest corner of this tract.
THENCE with the South right-of-way line of Eastlake Drive,
S89°59'51"E, 2892.36 feet to a point in the division line between
said Section 319 and Section 22, Block 79, Township 3, Texas and
Pacific Railway Company Survey, for the Northwest corner of this
tract.
THENCE with the division line between said Sections 319 and 22,
S00°33'12"E, at a distance of 619.99 feet pass the common corner of
said Sections 318, 319, 320 and 22, and continue along the division
line of said Sections 318 and 320, in all a total distance of
5869.30 feet to the POINT OF BEGINNING of this tract, containing
326.640 acres, SAVE AND EXCEPT that certain 3.000 acre tract of land
conveyed to El Paso County Water Authority by deed recorded in
Volume 559, Page 1585 of the Deed Records of El Paso County, Texas,
for an aggregate total of 323.640 acres of land, more or less.
Paseo del Este Municipal Utility District No. 8: FIELD NOTES
DESCRIBING 372.571 acres of land, being a portion of Section 22,
Block 79, Township 3, Texas and Pacific Railway Company Survey, and
a portion of Section 319, C. D. Stewart Survey, situated in El Paso
County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a point in the division line between said Section 22
and Section 21, Block 79, Township 3, Texas and Pacific Railway
Company Survey, from which point the Northeast corner of said
Section 22 bears N00°32'13"W, 1197.24 feet, for the Northeast corner
and POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 21 and 22,
S00°32'13"E, 2227.23 feet to the most Easterly Southeast corner of
this tract.
THENCE West, 1819.44 feet to an ell corner of this tract.
THENCE S00°30'40"E, 1199.58 feet to a point in the South
right-of-way line of Eastlake Drive, for the most Southerly
Southeast corner of this tract.
THENCE with the South right-of-way line of Eastlake Drive,
N89°59'51"W, 2125.98 feet to the most Southerly Southwest corner of
this tract.
THENCE N00°00'09"E, 1600.03 feet to an interior corner of this
tract.
THENCE S83°59'20"W, 1537.71 feet to an angle point of this tract.
THENCE N89°54'15"W, 1266.23 feet to the most Westerly Southwest
corner of this tract.
THENCE N00°27'28"W, 1436.42 feet to the Northwest corner of this
tract.
THENCE N63°15'39"E, 1565.76 feet to an angle point of this tract.
THENCE N89°59'09"E, 2661.34 feet to an angle point of this tract.
THENCE S45°14'46"E, 996.07 feet to the Point of Curvature of a curve
to the right having a radius of 22758.54 feet and a central angle of
5°06'30".
THENCE with the arc of said curve 2029.04 feet, the sub-chord of
which bears N74°24'25"E, 2028.37 feet to the POINT OF BEGINNING of
this tract, containing 372.571 acres of land more or less.
Paseo del Este Municipal Utility District No. 9: FIELD NOTES
DESCRIBING 260.136 acres of land, being all of the Southwest 1/4 of
Section 20, Block 79, Township 3, Texas and Pacific Railway Company
Survey, and a portion of Section 22, Block 79, Township 3, Texas and
Pacific Railway Company Survey, situated in El Paso County, Texas,
and being more particularly described by metes and bounds as PARCEL
A and PARCEL B as follows:
PARCEL A (159.920 ACRES)
BEGINNING at the Southwest corner of said Section 20, being the
common corner of Sections 19, 20, 21 and 22, Block 79, Township 3,
Texas and Pacific Railway Company Survey, for the Southwest corner
and POINT OF BEGINNING of this tract.
THENCE with the division line between said Sections 19 and 20,
N00°33'12"W, 2618.06 feet to the Northwest corner of this tract.
THENCE East, 2660.92 feet to the Northeast corner of this tract.
THENCE S00°33'12"E, 2618.06 feet to a point in the division line
between said Sections 20 and 21, for the Southeast corner of this
tract.
THENCE with the division line between said Sections 20 and 21, West,
2660.92 feet to the POINT OF BEGINNING of this tract, containing
159.920 acres of land, more or less.
(b) A mistake in the patents or field notes or in copying the
patents or field notes in the legislative process does not affect
the organization, existence, or validity of a district created
under Section 1.02 of this Act, the right of the district to issue
bonds or refunding bonds or to pay the principal of or interest on
issued bonds, the right of the district to levy and collect taxes,
or the legality or operation of the district or its governing board.
ARTICLE 2. ADMINISTRATIVE PROVISIONS
SECTION 2.01. BOARD. A board of five directors shall govern
and exercise all powers of a district.
SECTION 2.02. DIRECTOR ELIGIBILITY. Except for an initial
director or a successor to an initial director who holds office
before the first election is held in a district under Section 11.02
of this Act, a person must meet the requirements of Section 54.102,
Water Code, to be eligible to serve as a director. A person must be
at least 18 years of age and a resident of El Paso County or Travis
County to be eligible to serve as an initial director.
Notwithstanding Section 49.052, Water Code, employment with a state
agency, other than the General Land Office or the School Land Board,
does not disqualify a person from serving as a director. An
employee of any of the districts may not serve as a director.
SECTION 2.03. TERMS OF OFFICE OF DIRECTORS; APPOINTMENT OF
INITIAL DIRECTORS. (a) Except for initial directors, directors
serve staggered four-year terms, with the terms of two or three
directors expiring June 1 of each even-numbered year.
(b) The board of directors of the Paseo del Este Municipal
Utility District, created by Chapter 443, Acts of the 75th
Legislature, Regular Session, 1997, shall appoint the initial
directors of a district. If a vacancy occurs, the remaining initial
directors shall appoint a person to serve the remainder of the
unexpired term as provided by Section 49.105, Water Code.
(c) Initial directors shall serve until the first permanent
directors are elected under Section 11.02 of this Act and qualify
for office.
SECTION 2.04. ELECTION OF PERMANENT DIRECTORS. (a) A
director serves until the director's successor has qualified. An
election shall be held for the election of the appropriate number of
permanent directors on the first Saturday in May of each
even-numbered year.
(b) The board shall publish notice of an election under this
section once a week for two consecutive weeks in a newspaper of
general circulation in the district beginning not later than 14
days before the date of the election.
SECTION 2.05. QUALIFICATION OF DIRECTOR. A director shall
take the constitutional oath of office and, except for initial
directors, give bond for the faithful performance of the director's
duties as required by Section 49.055, Water Code. The cost of a
bond under this section shall be paid by the district.
SECTION 2.06. MEETINGS AND BOARD ACTIONS. (a) A board may
establish regular meetings to conduct the business of the district
and may hold special meetings if necessary as determined by the
board. The board shall hold a meeting under this section within the
district unless the board, by a majority vote at a public meeting,
decides to hold the meeting outside of the district.
(b) A majority of the directors constitutes a quorum of the
board. A vote of a majority of the quorum present is necessary to
take board action. The board may adopt bylaws to govern the affairs
of the district and may adopt a seal for the district. A director
may receive compensation for service on the board as provided by
Section 49.060, Water Code.
SECTION 2.07. ORGANIZATION OF BOARD OF DIRECTORS. A board
shall elect a president and vice president from members of the
board. The board may elect other officers considered necessary by
the board. The president is the chief executive officer of the
district and the presiding officer of the board and has the same
right to vote as other members of the board. The vice president
shall perform the duties and exercise the powers of the president if
the president is absent, fails to act, or refuses to act. The board
shall appoint a secretary and treasurer. The secretary and
treasurer may be, but are not required to be, members of the board.
One person may serve as both secretary and treasurer. The treasurer
shall give bond in an amount required by the board. The condition
of the bond shall be that the treasurer will faithfully account for
all money that comes into the custody of the treasurer. The board
shall require a bond under this section of at least $100,000 if the
district has authorized the issuance of bonds. If the district has
not authorized the issuance of bonds, the board shall require a bond
of at least $5,000.
SECTION 2.08. CONFLICT OF INTEREST: CONTRACT. A director
who is financially interested in a contract that is proposed to be
executed by the board for the purchase of property or services or
for the construction of facilities shall disclose the director's
interest to the board and may not vote on the acceptance of the
contract.
SECTION 2.09. DISTRICT EMPLOYEES. A board is authorized to
employ a general manager and consulting engineers, financial
consultants, attorneys, and auditors. The general manager shall be
responsible for:
(1) administering the board's directives;
(2) maintaining district records, including minutes
of board meetings;
(3) coordinating with federal, state, and local
agencies;
(4) developing plans and programs for the board's
approval;
(5) hiring, supervising, training, and discharging
the district's employees;
(6) obtaining technical, scientific, legal, fiscal,
or other professional services for the district; and
(7) performing other duties as assigned by the board.
SECTION 2.10. EMPLOYEE BONDS. (a) The general manager and
each employee of a district who is charged with the collection,
custody, or payment of district money shall execute a fidelity bond
in an amount determined by the board and in a form and with a surety
approved by the board.
(b) The district shall pay the premium on a bond under this
section.
SECTION 2.11. PRINCIPAL OFFICE. (a) If a district has not
issued bonds, the district may maintain its principal office in El
Paso County or Travis County. If the district maintains its
principal office in Travis County, the district shall maintain
duplicates of district records in El Paso County and make the
duplicate records available for inspection during regular business
hours.
(b) If a district has issued bonds, the district shall
maintain its principal office in El Paso County.
SECTION 2.12. RECORDS. (a) A district shall keep at its
principal office:
(1) a complete and accurate account of the district's
business transactions in accordance with generally accepted
accounting methods;
(2) a complete and accurate record of the minutes of
board meetings; and
(3) contracts, documents, and other records of the
district.
(b) A district shall permit reasonable public inspection of
the district's records during regular business hours.
SECTION 2.13. SUIT. A district may sue and be sued in the
district's corporate name.
ARTICLE 3. AUTHORITY OF DISTRICT
SECTION 3.01. POWERS AND DUTIES. (a) A district shall:
(1) administer and enforce the provisions of this Act;
(2) use the facilities and powers of the district to
accomplish the purposes of this Act;
(3) coordinate water, wastewater, and drainage
services within the district; and
(4) control and abate water pollution within the
district.
(b) When designing utility infrastructure and related
systems, a district shall submit for review to a municipality with a
population in excess of 300,000, according to the most recent
federal census, and with a municipal boundary that is contiguous to
any of the districts the district's design plans and specifications
for the utility infrastructure and related systems. The district
shall pay to the municipality a fee for conducting the review if the
municipality has established a fee that has general application for
comparable reviews. The municipality shall complete the review of
the design plans and specifications not later than the 60th day
after the date on which the plans and specifications are delivered
to the municipality. In constructing the utility infrastructure,
the district shall meet or exceed the construction standards for
materials and installation specifications of a municipality with a
population in excess of 300,000, according to the most recent
federal census, and with a municipal boundary that is contiguous to
any of the districts.
(c) Subject to the authority of the Texas Commission on
Environmental Quality, a district has the authority to control and
abate water pollution within the district. The authority of the
district under this subsection does not reduce or eliminate the
authority of a municipality to control and abate water pollution
within the district under state or federal law.
(d) Except as provided by this Act, a district has the
powers, rights, and privileges necessary and convenient for
accomplishing the purposes of this Act as provided by general law
relating to a municipal utility district or water control and
improvement district created under Section 59, Article XVI, Texas
Constitution.
(e) The powers granted to a district by this Act are
cumulative of powers granted by other law.
SECTION 3.02. DISTRICT RULES. (a) A district may adopt and
enforce rules reasonably required to implement this Act, including
rules governing procedure and practice before the board.
(b) A district shall keep a record of the district's rules
and provide a copy of the rules to a person on written request.
SECTION 3.03. INSPECTIONS AND INVESTIGATIONS. In addition
to the powers provided by Section 49.221, Water Code, a district may
enter public or private property located within the district for
purposes of inspecting and investigating conditions of the property
relating to the district's authorized purposes. The district shall
conduct an inspection or investigation in accordance with
provisions and restrictions applicable to the Texas Commission on
Environmental Quality.
SECTION 3.04. HEARINGS AND ORDERS. (a) A board may:
(1) hold hearings, receive evidence from a party in
interest who appears before the board, compel the attendance of a
witness, and make findings of fact and determinations relating to
the administration of this Act or an order or rule of the board; and
(2) delegate the authority to take testimony and
administer oaths in a hearing held by the district to a member of
the board or an employee of the district.
(b) An order of the board must:
(1) be in the name of the district; and
(2) be attested to by the appropriate members of the
board under the district's rules.
SECTION 3.05. CIVIL PENALTY; INJUNCTION. (a) A person who
violates a rule, permit, or order of a district is subject to a
civil penalty of not less than $50 and not more than $1,000 for each
violation or each day of a continuing violation.
(b) A district may sue to enjoin a threatened or present
activity or to recover the penalty in a district court in the county
in which the violation occurred. A penalty recovered under this
subsection shall be paid to the district.
SECTION 3.06. PERMITS; CONTRACTS; COOPERATIVE AGREEMENTS.
(a) A district is authorized to obtain water appropriation
permits, construction permits, and other water and wastewater
discharge permits from the Texas Commission on Environmental
Quality or from permit owners. The district is authorized to
acquire water or a water supply from a person, firm, corporation,
municipal corporation, or public agency, the state, the United
States, or any agency of the state or the United States. The board
may contract with one or more substantial users of water to acquire
a water supply under an agreed allocation of storage space between
the district and the user or the district may contract for the
district's water supply independently. The district is authorized
to collect, transport, process, dispose of, and control all
domestic, industrial, and communal wastes, whether in fluid, solid,
or composite state. The district is authorized to contract with a
person, firm, corporation, municipal corporation, or public
agency, the state, the United States, or any agency of the state or
the United States for the collection, transportation, processing,
disposition, and control of all domestic, industrial, and communal
wastes. The authority of the district under this subsection
includes the authority to enter into contracts involving
coordinated infrastructure or regional utility plans. The district
may not unilaterally require a person, firm, corporation, municipal
corporation, public agency, or other entity to fund or construct
utility infrastructure for purposes of extending utilities to the
district.
(b) A district may enter into a contract with the state, a
municipality, an entity created under Section 59, Article XVI,
Texas Constitution, or another entity to supply water or to provide
services relating to domestic, industrial, or commercial waste.
The district is authorized to contract with a person, a
municipality, or an entity created under Section 59, Article XVI,
Texas Constitution, to rent, lease, or operate water production,
water supply, water filtration or purification, and water supply
facilities and facilities to provide services relating to the
wastes of the person, municipality, or entity for a consideration
as agreed to by the district and the person, municipality, or
entity. A contract under this subsection may provide that the
contract continues in effect until specified bonds or notes and
refunding bonds issued in lieu of the bonds or notes are paid. A
municipality or entity described by this subsection is authorized
to enter into a contract with a district to fix, charge, and collect
fees, rates, charges, rentals, or other amounts for a service or
facility provided under a contract with the district and may pledge
amounts that are sufficient to make the payments required under the
contract.
(c) For purposes of land use planning, a district shall
encourage owners and developers of land located within the district
to use and develop the land and buildings in compliance with
building, housing, and fire codes, subdivision and zoning
regulations, thoroughfare, water conservation, and land use plans,
and other land development and safety regulations of an adjacent
municipality with a population in excess of 300,000, according to
the most recent federal census.
SECTION 3.07. FACILITIES. (a) In addition to the authority
provided by Sections 49.218 and 54.201, Water Code, a district may
purchase, construct, acquire, own, lease, operate, maintain,
repair, improve, and extend, at any location within or outside of
the district, land, or an interest in land, a work, an improvement,
a facility, a plant, equipment, or an appliance that is incident,
helpful, or necessary to provide for:
(1) the control, storage, preservation, transmission,
treatment, and distribution and use of storm water and floodwater,
the water of rivers and streams, and underground water for
municipal, domestic, industrial, and other beneficial uses; and
(2) the collection, transportation, processing,
disposition, and control of domestic, industrial, or commercial
wastes.
(b) A district may:
(1) enter into a contract with a person, firm,
corporation, municipality, entity created under Section 59,
Article XVI, Texas Constitution, municipal corporation, public
agency, or other political subdivision of the state; and
(2) perform any other act consistent with the powers
of the district and necessary to fulfill the purposes of this Act.
SECTION 3.08. ACQUISITION AND DISPOSITION OF PROPERTY. A
district may use a public roadway, street, alley, or easement in the
county to accomplish the purposes of the district. The district is
not required to obtain a franchise or other governmental agreement
to use a roadway, street, alley, or easement that is owned by a
municipality, with a population in excess of 300,000, according to
the most recent federal census, that is adjacent to any of the
districts if, before using the roadway, street, alley, or easement,
the district obtains written consent of the municipality to the
particular use. The district shall pay a fee to a municipality for
the use of the roadway, street, alley, or easement that equals the
lesser of the district's pro rata share, based on actual area
encumbered, of the fair market value or the initial purchase price
for the roadway, street, alley, or easement.
SECTION 3.09. RELOCATION OF FACILITIES. A district may
relocate, raise, reroute, or change the grade of, or alter the
construction of, a highway, railroad, electric transmission line,
pipeline, canal, or drainage ditch, if deemed necessary by the
board. The district shall pay for any relocation, raising,
rerouting, changing, or altering under this section, unless
otherwise agreed in writing by the interested parties. The cost of
replacement is limited to the comparable replacement of any
replaced facility, less the replaced facility's net salvage value.
ARTICLE 4. GENERAL FISCAL PROVISIONS
SECTION 4.01. DISBURSEMENT OF MONEY. A district may
disburse money only by check, draft, order, or other instrument
signed by a person authorized in the bylaws of the district or by
board resolution.
SECTION 4.02. FEES AND CHARGES. A district may establish
fees and charges not to exceed the amounts necessary to enable the
district to fulfill the obligations of the district as provided by
this Act.
SECTION 4.03. LOANS AND GRANTS. (a) A district may apply
for and receive a loan or grant from the state or the United States,
or any agency of the state or the United States, or from a private
entity, for purposes of exercising the powers of the district.
(b) A district may not enter into an agreement under this
section that violates state or federal law.
SECTION 4.04. FISCAL YEAR. A board shall establish a fiscal
year for the district.
SECTION 4.05. DEPOSITORY BANKS. (a) A board, as provided
by this section, shall designate at least one bank to serve as a
depository for the funds of the district. Subject to Section
49.156, Water Code, the funds of the district shall be deposited in
a depository bank designated under this subsection.
(b) Before designating a depository bank, the board shall
publish notice at least once in a newspaper of general circulation
in the district to solicit applications from banks interested in
serving as a depository for the district. The notice shall include
the time and place of the board meeting at which the board proposes
to designate a depository bank. The board shall prescribe the term
of service of a depository bank designated under Subsection (a) of
this section.
(c) The board shall review an application received under
Subsection (b) of this section, including examining the management
and condition of each bank submitting an application. In reviewing
an application under this subsection, the board may consider:
(1) the terms and conditions proposed by a bank for
handling the district's money;
(2) the management of the bank; and
(3) the ability of the bank to handle the district's
money.
(d) A bank is not disqualified from being a depository under
this section because an officer or director of the bank is a member
of the board.
(e) An officer or director of a bank is not disqualified
from being a member of the board.
(f) If the board does not receive an application under this
section, the board may designate a bank as depository on terms that
the board finds proper.
ARTICLE 5. BOND AND TAX PROVISIONS
SECTION 5.01. TAXES; REVENUE BONDS. (a) For purposes of
exercising the authority of the district as provided by this Act, a
district may issue bonds or other obligations that are:
(1) secured by ad valorem taxes;
(2) secured by a pledge of all or part of the revenues
accruing to the district, including revenues received from the sale
of water or other products, the rendition of service, tolls,
charges, and any other source of revenue, other than ad valorem
taxes; and
(3) secured by both a pledge of all or part of the
revenues described by Subdivision (2) of this subsection and ad
valorem taxes.
(b) An obligation issued by a district shall be authorized
by resolution of the board, issued in the name of the district,
signed by the president or vice president, attested to by the
secretary, and bear the seal of the district. The signatures of the
president or vice president and the secretary may be printed or
lithographed on the obligation. The seal of the district may be
impressed, printed, or lithographed on the obligation. An
obligation issued by the district:
(1) shall be in a form prescribed by the board;
(2) may be in any denomination;
(3) shall mature serially or otherwise not later than
50 years from the date of issuance;
(4) may bear any interest rate;
(5) may be sold at a price and under terms determined
by the board to be the most advantageous available;
(6) may, in the discretion of the board, be made
callable before maturity at times and prices as provided in the
obligation;
(7) may be made registrable as to principal or
principal and interest; and
(8) may be secured by an indenture of trust with a
corporate trustee.
(c) An obligation under this section may be issued in more
than one series as required to carry out the purposes of this Act. A
pledge of revenue may reserve the right to issue additional
obligations under conditions specified on the pledge. An
additional obligation is on a parity with or subordinate to the
original obligation.
(d) A board resolution authorizing an obligation or a trust
indenture under this section may include additional terms to
provide for a corporate trustee or receiver to take possession of
facilities of the district in the event of default by the district
relating to the obligation or trust indenture. The additional
terms, if any, constitute a contract between the district and the
owner of the obligation.
(e) A district may not issue bonds that are secured by or
otherwise encumber permanent school fund land located within the
district.
SECTION 5.02. BOND ANTICIPATION NOTES. A district may
issue bond anticipation notes for purposes of exercising the powers
of the district. Bond anticipation notes may be secured by a pledge
of all or part of the revenues of the district. The district may
authorize the issuance of bonds to pay the principal of and interest
on bond anticipation notes issued under this section. Bond
anticipation notes shall be secured by a pledge of all or part of
the revenues of the district and may be issued on a parity with or
subordinate to outstanding bonds of the issuer. If the resolution
or trust agreement authorizing the issuance of bond anticipation
notes contains a covenant that the notes are payable from the
proceeds of subsequently issued bonds, the district is not required
to demonstrate that the revenues that may be pledged to the notes
are sufficient to pay the principal of and interest on the notes for
purposes of receiving approval of the attorney general or
registration by the comptroller.
SECTION 5.03. REFUNDING BONDS. (a) A district may issue
refunding bonds to refund outstanding bonds and interest as
authorized by this Act.
(b) Refunding bonds may:
(1) be issued to refund one or more series of
outstanding bonds;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by additional revenues.
(c) Refunding bonds may be issued without holding an
election to authorize the issuance of the bonds. The provisions of
this Act relating to the issuance of other bonds by the district,
security for the bonds, approval by the attorney general, and
remedies of the holders of the bonds apply to refunding bonds.
(d) Refunding bonds shall be registered by the comptroller
on surrender and cancellation of the bonds to be refunded or, if the
resolution authorizing the issuance of refunding bonds provides
that the bonds shall be sold and the proceeds deposited in the bank
where the bonds to be refunded are payable, the refunding bonds may
be issued in an amount sufficient to pay the principal and interest
of the bonds to be refunded to their option or maturity date. The
comptroller shall register the refunding bonds without concurrent
surrender and cancellation of the bonds to be refunded.
SECTION 5.04. APPROVAL AND REGISTRATION OF BONDS. District
bond review and approval is governed by Subchapter F, Chapter 49,
Water Code.
SECTION 5.05. BONDS ARE AUTHORIZED INVESTMENTS. All bonds
and notes of a district are legal and authorized investments for
banks, savings banks, trust companies, savings and loan
associations, insurance companies, fiduciaries, trustees, and
guardians and for the sinking funds of municipalities, counties,
school districts, or other political corporations or subdivisions
of the state. Bonds and notes of a district are eligible to secure
the deposit of any and all public funds of the state and any and all
public funds of municipalities, counties, school districts, or
other political corporations or subdivisions of the state. Bonds
and notes of the district are lawful and sufficient security for the
deposits to the extent of their value.
SECTION 5.06. TAXATION. (a) Except for land owned by the
permanent school fund, a board may levy and collect ad valorem taxes
on land within the district for maintenance, improvements, and
administration relating to the district in amounts approved by the
qualified voters of the district in an election held for that
purpose.
(b) A maintenance tax or an administration tax shall not
exceed the maximum approved rate and an approved rate shall remain
in effect unless a different rate is approved by the qualified
voters in a subsequent election.
SECTION 5.07. PROPERTY: RENDITION; VALUATION; LEVY. (a)
Except as provided by this section, the rendition and assessment of
property for taxation, the equalization of values, and the
collection of taxes for the benefit of a district shall be conducted
in accordance with the law applicable to counties to the extent
possible.
(b) The tax assessor-collector of the county shall act as
the tax assessor-collector for a district for district property
located in the county. The tax assessor-collector in the county
shall place on the county tax rolls a column or columns as necessary
to show the taxes, including the amount of taxes, levied by the
district, based on the value of the property as approved and
equalized. The fee charged by the county tax assessor-collector
for assessing and collecting taxes is one percent of the taxes
collected and shall be paid and disbursed by the district in the
same manner as other fees of office.
(c) The mechanisms available to enforce the collection of
state and county taxes may be used by a district to enforce the
collection of taxes levied by the district. The district is
entitled to require the officers of the county to enforce and
collect the taxes due to the district in the county as provided for
the enforcement of state and county taxes.
(d) Taxes assessed and levied for the benefit of a district
shall be payable and shall become delinquent at the same time, in
the same manner, and subject to the same discount for advance
payment as taxes levied by and for the benefit of the county in
which the property is taxable. The fee for collecting delinquent
taxes through prosecution of suit is 15 percent of the taxes
collected by the suit, to be paid and disbursed by the district in
the same manner as other fees of office.
(e) At the same time that the commissioners court levies
county taxes, the board shall levy a tax on all taxable property in
the district that is subject to taxation. The board shall
immediately certify the tax rate to the tax assessor-collector of
the county.
ARTICLE 6. ADDITION OF LAND TO DISTRICT
SECTION 6.01. ANNEXATION. Notwithstanding any other law,
additional territory may be added to a district as provided by this
article.
SECTION 6.02. PETITION. (a) An owner or owners of land,
whether or not contiguous to the territory of a district, may file
with the board a petition requesting that the land described in the
petition by metes and bounds or by lot and block number, if there is
a recorded plat of the area, be included in the district.
(b) A petition under Subsection (a) of this section shall be
signed and executed in the manner provided by law for the conveyance
of real estate.
(c) The board shall hear and consider a petition received
under Subsection (a) of this section and may add to the district the
land described in the petition if:
(1) the board determines that adding the land to the
district is advantageous to the district; and
(2) the water system and other improvements of the
district are sufficient or will be sufficient to provide service to
the land added to the district without injuring the land in the
district before the petition is granted.
SECTION 6.03. NOTICE AND HEARING. (a) A petition
requesting that a district annex a defined area shall be filed with
the secretary of the board and shall be signed by:
(1) a majority in value of the owners of land in the
defined area, as shown by the tax rolls of the county or counties in
which the defined area is located, if the number of landowners in
the defined area is 50 or less; or
(2) 50 landowners if the number of landowners in the
defined area is more than 50.
(b) The board shall issue an order setting a time and place
to hear a petition filed under Subsection (a) of this section. The
hearing shall be held not earlier than the 15th day after the date
on which the board issues the order.
(c) The secretary shall issue a notice providing the time
and place of the hearing set under Subsection (b) of this section
and describing the area proposed to be annexed. Notice of the
hearing shall be given by:
(1) posting copies of the notice in three public
places in the district and in one public place in the area proposed
to be annexed for at least seven days before the date of the
hearing; and
(2) publishing a copy of the notice in a newspaper of
general circulation in the county or counties in which the area
proposed to be annexed is located at least seven days before the
date of the hearing.
(d) If the board finds that the proposed annexation is
feasible and practicable and would benefit the district and the
area proposed to be added to the district, the board may by order
receive all or a part of the proposed area as an addition to and part
of the district. An order issued by the board under this subsection
shall describe the area added to the district and be entered in the
minutes.
SECTION 6.04. ANNEXATION ORDER. (a) A copy of the order
adding land to a district shall be signed by a majority of the
members of the board, attested to by the secretary of the board, and
filed and recorded in the deed records of the county or counties in
which the district is located.
(b) On the date that the order is recorded as required by
Subsection (a) of this section, the area described in the order is
included in the territory of the district.
ARTICLE 7. EXCLUSION OF LAND FROM DISTRICT
SECTION 7.01. PETITION. (a) Notwithstanding any other
law, a board may, if there is no outstanding board order relating to
an election for the authorization of bonds payable in whole or in
part from taxes and the district does not have outstanding
indebtedness secured by taxes or net revenues of the district,
order a hearing to be held to exclude land from the district on
petition of a landowner or on motion of the board.
(b) A petition to exclude land from a district must
specifically describe the land to be excluded by metes and bounds or
by reference to a plat recorded in the plat records of the county or
counties in which the land is located. The petition must be signed
by at least 10 percent of the owners of land in the area to be
excluded or, if the number of owners of land is more than 50, by at
least five of the owners of land. The petition must be filed with
the district before the seventh day preceding the date the hearing
is held to consider the petition. The petition must clearly state
the grounds supporting the exclusion of the land from the district.
The board may consider only the grounds stated in the petition.
SECTION 7.02. NOTICE AND HEARING. (a) A board shall hold a
hearing on petition of a landowner to exclude land from the
district.
(b) Notice of hearing under this section shall be published
by the board once a week for two consecutive weeks in one or more
newspapers of general circulation in the district. The first
notice shall be published not earlier than the 40th day or later
than the 14th day preceding the date of the hearing.
(c) The board may not exclude land from the district unless
the board determines that:
(1) the district has no obligations that will be
impaired by the exclusion of the land;
(2) the district will incur no obligations as a result
of the exclusion; and
(3) the exclusion is in the best interests of the
district.
(d) The board, after considering all engineering data and
other evidence presented at the hearing and making the
determinations required by Subsection (c) of this section, shall
enter an order excluding the land from the district and redefining
the boundaries of the district as appropriate. If land proposed to
be excluded contains water or wastewater customers of the district,
the customers remain customers of the district. Owners of lots
within the land proposed to be excluded in which water and
wastewater facilities have been extended retain the right to
connect to the district's water and wastewater system and become
district customers.
SECTION 7.03. EFFECTIVE DATE OF ORDER EXCLUDING LAND. (a)
Except as provided by Subsection (c) of this section, an order of a
board excluding land from the district on petition signed by the
owner or owners of land that is proposed to be excluded takes effect
on the date on which the board enters the order.
(b) Except as provided by Subsection (c) of this section, an
order excluding land from a district on petition signed by less than
all the owners of land that is proposed to be excluded takes effect:
(1) on the day immediately following the date on which
a petition under Section 7.04 of this Act must be received by the
board if the district does not receive a petition under that
section; or
(2) on the day immediately following the date on which
the election returns are canvassed if the exclusion is ratified at
an election under Section 7.04 of this Act.
(c) An order excluding land from the district under this
section may not take effect unless all taxes levied and assessed by
the district within the land that is proposed to be excluded are
paid in full.
SECTION 7.04. PETITION FOR RATIFICATION ELECTION. (a) If a
board issues an order excluding land on petition signed by less than
all the owners of land in the area proposed to be excluded, the
board shall publish a notice that describes the excluded land and
states that the exclusion will become final unless the board
receives, not later than the 25th day after the date on which the
board issues the order, a petition requesting a ratification
election. A petition under this subsection must be signed by at
least 10 percent of the qualified voters residing in the area that
is proposed to be excluded from the district.
(b) If the board receives a petition under Subsection (a) of
this section, the order excluding land from the district is not
effective unless the exclusion is approved by a majority vote of the
residents of the district at a ratification election held for that
purpose.
(c) A ratification election, including notice of the
election and the qualifications of the voters, shall be conducted
as provided by Subchapter J, Chapter 49, Water Code.
ARTICLE 8. DIVISION OF DISTRICT
SECTION 8.01. CONDITIONS OF DIVISION. (a) A board may, if
the district does not have outstanding indebtedness secured by
taxes or net revenues, divide the territory of the district into two
or more districts. The board may not divide the territory of the
district if the division results in a district with territory of
less than 100 acres. On petition of a landowner or on motion of the
board, the board may consider a proposal to divide the original
district or any district subsequently created by division.
(b) A board may not divide territory of the district if the
division results in numerous utility providers within the original
territory of the district. The board may divide territory of the
district for purposes of encouraging and promoting orderly
development within the original territory of the district and
facilitating dependable and efficient utility service at
affordable rates to customers of the district.
SECTION 8.02. PROVISIONS RELATING TO NEW DISTRICTS. (a)
Before a board may divide territory of the district or any district
resulting from a division under this article, the board shall:
(1) determine the terms of the division, including a
plan to pay and perform the outstanding obligations of the
district; and
(2) prepare a metes and bounds description of the
proposed division.
(b) Except as provided by Section 8.03 of this Act, if a
board divides territory under this article, the board shall be
divided in an appropriate manner consistent with the division of
the district.
(c) Districts resulting from a division under this article
shall be designated in an appropriate manner.
(d) A district resulting from a division under this article
shall obtain authorization for the issuance of bonds payable wholly
or partially from ad valorem taxes by a majority vote of the
qualified voters of the district voting in an election called and
held for that purpose.
(e) A district resulting from a division under this article
shall be required to obtain authorization for a maintenance tax by a
majority vote of the qualified voters of the district voting in an
election called and held for that purpose.
SECTION 8.03. APPOINTMENT AND ELECTION OF DIRECTORS. (a) A
district resulting from a division under this article is a separate
district and shall be governed as a separate district.
(b) The board shall continue to act on behalf of the
district for 90 days after the date on which a division under this
article is approved for purposes of closing the district's affairs.
(c) The board shall appoint two initial directors for a
district resulting from a division under this article to serve
terms expiring on the first June 1 of an even-numbered year after
creation of the district, and three initial directors to serve
terms expiring on the second June 1 of an even-numbered year after
creation of the district. A member of the board may be appointed as
a director of a district resulting from a division under this
article.
(d) If a vacancy occurs on the board of directors of a
district resulting from a division under this article, the board of
directors of that district shall appoint a successor to serve for
the remainder of the unexpired term.
(e) A successor to the board of directors of a district
resulting from a division under this article shall be elected as
provided by Section 2.04 of this Act.
SECTION 8.04. PAYMENT OF DISTRICT DEBTS. A division of
territory of a district under this article may not impair the
current obligations or bond authorizations of the district. The
debts of the district may be paid by taxes, revenues, or assessments
levied on land in the district or by contributions from the district
resulting from a division under this article on terms stated in the
division proposed by the board under Section 8.02 of this Act.
SECTION 8.05. AUTHORITY OF DISTRICTS RESULTING FROM A
DIVISION. A district resulting from a division under this article
shall have the power to incur and pay debts created by that
district, the power and authority granted to a district created
under this Act, and the authority to enter into contracts with other
districts resulting from a division under this article for purposes
of providing water and wastewater services or another appropriate
purpose.
SECTION 8.06. ASSUMPTION OF OBLIGATIONS. A district
resulting from a division under this article shall assume the
obligations of the divided district under an agreement or
resolution consenting to the creation of the district unless the
agreement or resolution imposes obligations that limit the powers
and authority of the district to issue bonds for a purpose
authorized by this Act. The remaining obligations of the divided
district shall be divided on a pro rata basis among the new
districts resulting from a division under this article based on the
number of acres in a district or on terms agreed to by the districts
resulting from a division under this article.
SECTION 8.07. NOTICE TO TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY. A district shall provide written notice of a plan to
divide the district under this article to the Texas Commission on
Environmental Quality not later than the 30th day after the date on
which the board of the district decides to divide the district.
ARTICLE 9. ANNEXATION AND DISSOLUTION OF DISTRICT
SECTION 9.01. ANNEXATION. (a) Notwithstanding any other
law, a municipality may annex a district, including a district
resulting from a division under Article 8 of this Act, only if the
municipality:
(1) assumes the outstanding indebtedness of the
district;
(2) dissolves the district not later than six months
after the date of annexation;
(3) assumes the assets, including all accounts
receivable and the right to collect outstanding taxes, delinquent
taxes, and other indebtedness of the district;
(4) refrains from imposing municipal taxes on property
located within the district before the dissolution of the district;
(5) provides municipal utility, emergency medical,
fire, police, garbage collection, and other standard municipal
services to the residents of the district at the same rate as is
charged to residents within the municipality, or residents of
similar developments; and
(6) complies with regional land use planning within
the district.
(b) Notwithstanding Subsection (a)(5) of this section, a
municipality that annexes and dissolves a district may impose water
supply fees, impact fees, and other assessments allowed by state
law on property previously located within the district, except for
property that has received a utility service allocation by the
district or property in which site development has been authorized
or commenced.
(c) A district shall transfer all assets of the district to
a municipality that annexes and dissolves the district, as provided
by instruments approved by the municipality and district.
ARTICLE 10. AFFORDABLE HOUSING
SECTION 10.01. AFFORDABLE HOUSING. (a) It is in the best
interest of the state to encourage the development of affordable
housing for the citizens of the state. To the extent that territory
of the districts can be used to accomplish this purpose in a manner
that is consistent with the constitutional and statutory provisions
relating to the management of lands dedicated to the permanent
school fund, the legislature directs that 15 percent of all
residential development within the territory that includes all of
the districts shall be developed to provide affordable housing. A
minimum of five percent of the residential housing units within the
territory that includes all of the districts shall be used to
provide affordable housing, to be located in different residential
areas within the territory that includes all of the districts. The
affordable housing shall be located throughout the territory that
includes all of the districts to the extent possible and may not be
concentrated in one district that consists primarily of affordable
housing units.
(b) On the sale of permanent school fund land in the
districts that may be used for residential purposes, the School
Land Board shall, through the imposition of restrictive covenants
or by deed restriction, restrict property use in a manner that
requires construction of affordable housing in a percentage
sufficient to satisfy the requirements of this section.
(c) In this section, "affordable housing" means housing
initially constructed to qualify for residents having low or very
low income levels, as determined periodically by the United States
Department of Housing and Urban Development, based on the El Paso
Standard Metropolitan Statistical Area.
ARTICLE 11. MISCELLANEOUS PROVISIONS
SECTION 11.01. TAX EXEMPTION. The purposes stated in this
Act are for the benefit of the people of the state, including the
improvement of property and industry. A district, in carrying out
the purposes of this Act, is performing an essential public
function under the constitution and is not required to pay a tax or
assessment on a project of the district or on the bonds or notes
issued by the district under this Act, including the transfer of,
the income from, and the profits made on the sale of issued bonds
and notes.
SECTION 11.02. INITIAL ELECTION. (a) Notwithstanding
Section 2.04 of this Act, the district shall hold its first election
for permanent directors on the first Saturday in May of the first
even-numbered year in which, at least 45 days before the date of the
election, there are registered voters in the district.
(b) Directors elected at the initial election under this
section shall draw lots to determine which two directors' terms
expire on June 1 of the first even-numbered year after the election
and which three directors' terms expire on June 1 of the second
even-numbered year after the election.
SECTION 11.03. FINDINGS RELATING TO PROCEDURAL
REQUIREMENTS. (a) The proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and other laws of this state, including the
governor, who has submitted the notice and Act to the Texas
Commission on Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 11.04. SEVERABILITY. If any word, phrase, clause,
sentence, paragraph, section, or other part of this Act or the
application of this Act to any person or circumstance is ever held
to be invalid or unconstitutional by a court of competent
jurisdiction in this state, the remainder of the Act and the
application of that word, phrase, clause, sentence, paragraph,
section, or other part of this Act to other persons or circumstances
are not affected by that holding. To the extent of a conflict
between a provision of this Act and any other law or statute, this
Act controls.
SECTION 11.05. VALIDATION. (a) In this section, "original
district" means the Paseo del Este Municipal Utility District,
created by Chapter 443, Acts of the 75th Legislature, Regular
Session, 1997.
(b) An act or proceeding taken by or on behalf of the
original district by the General Land Office, the School Land
Board, or any of their respective officers, agents, or
representatives before the effective date of this Act is
conclusively presumed, as of the date it occurred, to be valid and
to have occurred in accordance with all applicable laws, and all
actions and proceedings of the district are in all things
validated, ratified, and confirmed in all respects by this section.
(c) This section does not:
(1) validate an act or proceeding that, under the law
of this state at the time the act or proceeding occurred, was a
misdemeanor or felony; or
(2) apply to or affect litigation pending on the
effective date of this section in a court in this state to which the
original district is a party.
SECTION 11.06. DISSOLUTION OF ORIGINAL DISTRICT; REPEAL.
(a) In this section, "original district" means the Paseo del Este
Municipal Utility District, created by Chapter 443, Acts of the
75th Legislature, Regular Session, 1997.
(b) The board of directors of the original district shall
dissolve the original district by resolution as soon as possible
after:
(1) the initial boards of directors of the new
districts created by Section 1.02 of this Act have been appointed
under Section 2.03(b) of this Act;
(2) any debts, contractual obligations, or assets of
the original district have been assumed by the new districts in an
equitable fashion by agreement of the boards of directors of the
original district and the new districts; and
(3) any civil action to which the original district is
a party on the effective date of this Act is finally adjudicated or
settled.
(c) The directors of the original district shall deliver a
copy of the dissolution resolution to the secretary of state. The
secretary of state shall publish the resolution in the Texas
Register as soon as practicable after the date on which the
resolution is received.
(d) Chapter 443, Acts of the 75th Legislature, Regular
Session, 1997, is repealed on the date on which the original
district is dissolved.
SECTION 11.07. EFFECTIVE DATE. This Act takes effect
September 1, 2003.