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.