79R13505 HLT-F

By:  Shapleigh                                                    S.B. No. 1862


A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Tierra del Este Municipal Utility District; providing authority to impose a tax and issue bonds; granting the power of eminent domain. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8127 to read as follows:
CHAPTER 8127. TIERRA DEL ESTE MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8127.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the Tierra del Este Municipal Utility District. Sec. 8127.002. NATURE OF DISTRICT. The district is a municipal utility district in El Paso County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. Sec. 8127.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8127.022 before September 1, 2007: (1) the district is dissolved September 1, 2007, except that: (A) any debts incurred shall be paid; (B) any assets that remain after the payment of debts shall be transferred to El Paso County; and (C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and (2) this chapter expires September 1, 2010. Sec. 8127.004. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect: (1) the organization, existence, or validity of the district; (2) the right of the district to impose taxes; or (3) the legality or operation of the district or the board. Sec. 8127.005. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapters 30, 49, and 54, Water Code, apply to the district.
[Sections 8127.006-8127.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8127.021. TEMPORARY DIRECTORS. (a) The temporary board consists of: (1) Jack Wilkinson; (2) Harold Hahn; (3) Sean Henschel; (4) John Martin; and (5) Roland Correra. (b) Temporary directors of the district are not required to own land in or be residents of the district. (c) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board. (d) Temporary directors serve until the earlier of: (1) the date directors are elected under Section 8127.022; or (2) the date this chapter expires under Section 8127.003. Sec. 8127.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district and to elect five initial directors as provided by Section 49.102, Water Code. (b) At the confirmation and initial directors' election the board may submit to the voters a proposition to authorize: (1) an issuance of bonds; (2) a maintenance tax; or (3) a tax to fund payments required under a contract. (c) Section 41.001(a), Election Code, does not apply to a confirmation and initial directors' election held under this section. Sec. 8127.023. INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8127.022 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8127.052 and which three shall serve until the second regularly scheduled election of directors. Sec. 8127.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2010.
[Sections 8127.025-8127.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8127.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. Sec. 8127.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
[Sections 8127.053-8127.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8127.101. DEFINITIONS. In this subchapter: (1) "Affordable housing unit" means a residential housing unit with an initial purchase price determined as provided by Section 8127.102. (2) "Average median family income" means the average median family income published by the United States Department of Housing and Urban Development for the applicable year. (3) "Residential housing unit" means housing for sale or sold to individuals or families as their primary place of residence and does not include multi-family housing. (4) "Residential property" means property designated on the district's master plan map for the development of residential housing units. (5) "Standard loan qualifying guidelines" means the loan guidelines of the Federal Housing Administration that require a three percent down payment and a debt-to-income ratio of 40 percent, which is adjusted upwards or downwards based on the circumstances of and other debts owed by the borrower. Sec. 8127.102. DETERMINATION OF INITIAL PURCHASE PRICE. (a) For a purchaser of documented low or very low income, the initial purchase price of an affordable housing unit must be not more than the maximum purchase price that a person of low or very low income, as determined by the United States Department of Housing and Urban Development, for the El Paso Standard Metropolitan Area, would be able to pay under standard loan qualifying guidelines. (b) Except as provided by Subsection (a), the initial purchase price of an affordable housing unit must be not more than the maximum purchase price that a purchaser with an annual income equal to the average median family income for the City of El Paso for a low income family of four would be able to pay under standard loan qualifying guidelines if: (1) the purchaser makes a three percent down payment; (2) the purchaser has good credit and no other fixed debt obligations; (3) the loan is for 30 years at an interest rate equal to the interest rate for similar Federal Housing Administration loans on January 1 of that calendar year; and (4) the debt-to-income ratio determined under standard loan qualifying guidelines is not more than 40 percent. Sec. 8127.103. DETERMINATION OF MAXIMUM MONTHLY MORTGAGE LOAN PAYMENT. To determine the maximum monthly mortgage loan payment that a borrower may have and still meet the required debt-to-income ratio of the standard loan qualifying guidelines, the amounts to be paid by the borrower for tax and insurance escrows and mortgage insurance premiums are included in addition to the payment for principal and interest on the loan. Sec. 8127.104. ZONING AUTHORITY. The district has the zoning authority granted to a municipality under Chapter 211, Local Government Code. Sec. 8127.105. AFFORDABLE HOUSING REQUIREMENTS. The district shall exercise the authority granted to the district under Section 8127.104 to ensure that: (1) a minimum of five percent of all residential housing units in the district are affordable housing units; (2) in each housing sector in the district at least 2.5 percent of the residential housing units are allocated for affordable housing; and (3) affordable housing units are located in not less than two platted subdivisions within each housing sector. Sec. 8127.106. DEVELOPMENT AND SALE OF AFFORDABLE HOUSING. (a) The district shall require property designated for affordable housing to be developed and made available for sale concurrently with other residential property in the district. (b) The district shall reject any requested purchase of property within a housing sector in which the affordable housing units required under Section 8127.105 are not completed. Sec. 8127.107. COMPLIANCE WITH MUNICIPAL ORDINANCES. The district is subject to the requirements of municipal ordinances of the City of El Paso that apply to areas within the extraterritorial jurisdiction of the City of El Paso.
[Sections 8127.108-8127.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS
Sec. 8127.151. DIVISION OF DISTRICT; REQUIREMENTS. (a) Subject to the approval of the City of El Paso, at any time before the district issues indebtedness secured by taxes or net revenues, the district, including any annexed territory, may be divided into two or more new districts. (b) A new district created by division of the district must be at least 100 acres. (c) The board by resolution may declare an intent to divide the district. The resolution must: (1) set the terms of the division, including a plan for the payment or performance of any outstanding district obligations; and (2) contain a metes and bounds description for each new district. Sec. 8127.152. DISTRICT DIVISION BY ELECTION. (a) The board shall hold an election in the district to determine whether the district should be divided as proposed under Section 8127.151. (b) The board shall give notice of the election not later than the 20th day before the date of the election. The notice must state: (1) the date and location of the election; and (2) the proposition to be voted on. (c) If a majority of the votes are cast in favor of the division, the district is divided. (d) If less than a majority of the votes are cast in favor of the division, the district may not be divided. Sec. 8127.153. NOTICE OF DIVISION. Not later than the 30th day after the date of a division under this subchapter, the district shall provide written notice of the plan for division to: (1) the Texas Commission on Environmental Quality; (2) the attorney general; (3) the commissioners court of each county in which a new district is located; and (4) each municipality having extraterritorial jurisdiction over territory in a new district. Sec. 8127.154. DISTRICT NAMES FOLLOWING DIVISION. The resulting new districts are assigned consecutive letters to be appended to the name of the original district. Sec. 8127.155. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not later than the 90th day after the date of an election in favor of the division of the district, the board shall: (1) appoint itself as the board of one of the new districts; and (2) appoint five directors for each of the other new districts. (b) A director appointed under Subsection (a)(1) serves the term to which that director was elected in the original district. A director appointed under Subsection (a)(2): (1) serves until the election for directors under Subsection (c); and (2) is not required to own land in or reside in the district for which the director is appointed. (c) On the uniform election date in May of the first even-numbered year after the year in which the directors are appointed, an election shall be held to elect five directors in each district for which directors were appointed under Subsection (a)(2). Of the five directors elected in each district, the three directors receiving the greatest number of votes shall serve until the second regularly scheduled election of directors under Subsection (d), and the remaining two directors shall serve until the first regularly scheduled election of directors. (d) Except as provided by Subsection (c), directors serve staggered four-year terms. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. Sec. 8127.156. CONTINUING POWERS AND OBLIGATIONS OF NEW DISTRICTS. (a) Each new district may incur and pay debts and has all powers of the original district created by this chapter. (b) If the district is divided as provided by this subchapter, the current obligations and any bond authorizations of the district are not impaired. Debts shall be paid by revenues or by taxes or assessments imposed on real property in the district as if the district had not been divided or by contributions from each new district as stated in the terms set by the board in the plan for division. (c) Any other district obligation shall be divided pro rata among the new districts on an acreage basis or on other terms that are satisfactory to the new districts. Sec. 8127.157. CONTRACT AUTHORITY OF NEW DISTRICTS. The new districts may contract with each other for: (1) water and wastewater services; or (2) any other matter the boards of the new districts consider appropriate. Sec. 8127.158. BOND ISSUANCE BY NEW DISTRICT. A new district may issue bonds payable wholly or partly from ad valorem taxes on the approval of a majority of the residents voting in an election called and held for that purpose. Sec. 8127.159. MAINTENANCE TAX APPROVAL FOR NEW DISTRICT. A new district may impose a maintenance tax on the approval of a majority of the residents voting in an election called and held for that purpose. SECTION 2. BOUNDARIES. The Tierra del Este Municipal Utility District initially includes the territory contained within the following area: Description of a parcel of land being a portion of Section 37, Block 79, Township 2, Texas and Pacific Railroad Surveys El Paso County, Texas and being more particularly described by metes and bounds as follows: Tract One: Description of a parcel of land being a portion of Section 37, Block 79, Township 2, Texas and Pacific Railroad Surveys El Paso County, Texas and being more particularly described by metes and bounds as follows: The "TRUE POINT OF BEGINNING" being a found 2" pipe with brass cap marked sect 37, 38, 47, 48; Thence North 00°35'06" West between the common line of sections 37 and 38 a distance of 5236.86 feet to a found 2" pipe for the common corner of sections 35,36,37 & 38; Thence North 89°58'06" East with the common line between section 37 and Hillcrest Estates a distance of 5313.88 feet to a found 2" pipe for the common corner of sections 36,37, 7 & 18; Thence South 00°35'30" East along the line between sections 37 and 18 a distance of 4736.94 feet to a set 1/2" rebar with cap marked TX 5152 on the northerly boundary line of Jobe Concrete Products Inc. property in Book 3084, Page 133, Deed records of El Paso County, Texas; Thence along said boundary line South 89°58'09" West (S 89°56'40" W Book 3084, Page 133) a distance of 500.00 feet to a point on the westerly line of said Jobe Concrete Products property from which a found 1/2" rebar with cap marked TX 4680 bears N 08°42'03" W- 0.67'; Thence along said boundary line South 00°35'30" East (S 00°29'44" E Book 3084, Page 133) a distance of 500.00 feet to a set 1/2" rebar with cap marked TX 5152 on the line between sections 37 and 48; Thence South 89°58'09" West along the line between sections 37 and 48 a distance of 4814.48 feet to the "TRUE POINT OF BEGINNING" and containing 633.12 acres of land more or less. NOTE: Bearings Basis is True North for a Transverse Mercator Surface Projection as determined by GPS Methods based on a set 1/2" rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude: 106°14'58.705W. Tract Two: The parcel of land herein described is all of Tract 5, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys, El Paso County, Texas, and is more particularly described by metes and bounds as follows: COMMENCING at a T-Bar with EPNG brass found on the common boundary line between Sections 38 and 39, Block 79, Township 2, Texas & Pacific Railway Company Surveys, from which a 2" iron pipe in concrete found at the common corner of Sections 38, 39, 46 and 47, Block 79, Township 2, Texas & Pacific Railway Company Surveys bears South 00°30'31" East, a distance of 299.90 feet, said point being the POINT OF BEGINNING of this description; THENCE, N 00°30'31" W, along said common boundary line, a distance of 3173.84 feet to a found T-Bar with EPNG brass cap on the southerly right-of-way line of Zaragosa Road [F.M. 659 (deed dated March 10, 1936, recorded in Book 606, Page 507, Deed Records, El Paso County, Texas)]; THENCE, N 42°33'48" E, along said boundary line, a distance of 1149.66 feet to a set 5/8" rebar with cap marked "RPLS 4178"; THENCE, S 40°37'29" E, a distance of 4703.80 feet to a found T-Bar with EPNG brass cap; THENCE, S 00°28'20" E, a distance of 465.30 feet to a found T-Bar with EPNG brass cap; THENCE, N 89°46'32" W, a distance of 3815.98 feet to the POINT OF BEGINNING of this description. Said parcel of land contains 221.032 acres (9,628,155 square feet) of land more or less. Tract Three: The parcel of land herein described is all of Tract 4, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys, El Paso County, Texas, and is more particularly described by metes and bounds as follows: COMMENCING at a brass cap in concrete found at the common corner of Sections 35, 36, 37 and 38, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys, from which a 2" iron pipe in concrete found at the common corner of Sections 34, 35, 38 and 39, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys bears North 89°58'13" West, a distance of 5312.88 feet, said point being the POINT OF BEGINNING of this description; THENCE, South 00°32'27" East, along the common boundary line between Sections 37 and 38, a distance of 4894.09 feet to a found T-Bar; THENCE, North 89°46'48" West, a distance of 839.84 feet to a found T-Bar with EPNG brass cap; THENCE, North 00°33'24" West, a distance of 599.67 feet to a found T-Bar with EPNG brass cap; THENCE, North 89°46'48" West, a distance of 659.70 feet to a set 5/8" rebar with cap marked "RPLS 4178"; THENCE, South 00°33'24" East, a distance of 77.62 feet to a found T-Bar with EPNG brass cap; THENCE, North 40°37'15" West, a distance of 4623.41 feet to a 5/8" rebar with cap marked "RPLS 4178" set on the southerly right-of-way line of Zaragosa Road [F.M. 659 (deed dated March 10, 1936, recorded in Book 606, Page 507, Deed Records, El Paso County, Texas)]; THENCE, North 42°33'48" East, along said right-of-way line, a distance of 1165.83 feet to a chiseled "X" set on the common boundary line between Sections 35 and 38; THENCE, South 89°58'13" East, along said boundary line, a distance of 3679.91 feet to the POINT OF BEGINNING of this description. Said parcel of land contains 330.029 acres (14,376,082 square feet) of land more or less. Tract Four: The parcel of land herein described is all of Tract 6, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys, El Paso County, Texas, and is more particularly described by metes and bounds as follows: COMMENCING at a 2" iron pipe in concrete found at the common corner of Sections 38, 39, 46 and 47, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys, from which a 2" iron pipe in concrete found at the common corner of Sections 34, 35, 38 and 39, Section 38, Block 79, Township 2, Texas & Pacific Railway Company Surveys bears North 00°30'31" West, a distance of 5235.75 feet, said point being the POINT OF BEGINNING of this description; THENCE, North 00°30'31" West, along the common boundary line between Sections 38 and 39, a distance of 239.93 feet to a found T-Bar with EPNG brass cap; THENCE, South 89°46'19" East, a distance of 5315.88 feet to a found T-Bar with EPNG brass cap on the common boundary line between Sections 37 and 38; THENCE, South 00°32'27" East, a distance of 222.61 feet to a brass cap in concrete found at the common corner of Sections 37, 38, 47 and 48, Block 79, Township 2, Texas & Pacific Railway Company Surveys; THENCE, North 89°57'31" West, along the common boundary line between Sections 38 and 47, a distance of 5315.81 feet to the POINT OF BEGINNING of this description. Said parcel of land contains 28.221 acres (1,229,299 square feet) of land more or less. Tract Five: Description of a parcel of land being a portion of Section 39, Block 79, Township 2, Texas and Pacific Railroad Company Surveys El Paso County, Texas and being more particularly described by metes and bounds as follows: The "TRUE POINT OF BEGINNING" being a found 1/2" rebar with cap marked TX 5152 set for the common corner of sections 38, 39, 46 and 47, Block 79, TSP 2, T & P RR. Surveys from this point a 2" pipe found for the common corner of sections 34, 35, 38 and 39 bears North 00°33'11" West a distance of 5235.75 feet, Thence from said 1/2" rebar South 89°57'37" West with the common line between sections 39 and 46 a distance of 2542.84 feet to a set 1/2" rebar with cap marked TX 5152; Thence leaving said boundary line North 42°31'34" East a distance of 3722.85 feet to a set 1/2" rebar with cap marked TX 5152 on the line between sections 38 and 39; Thence along said boundary line South 00°33'11" East a distance of 2741.99 feet to the "TRUE POINT OF BEGINNING" and containing 80.029 acres of land more or less. NOTE: Bearings Basis is True North for a Transverse Mercator Surface Projection as determined by GPS Methods based on a set 1/2" rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude: 106°14'58.705W Height: 3928.22sft. Tract Six: Description of a parcel of land being Tract 2A, Section 46, Block 79, Township 2, Texas and Pacific Railroad Company Surveys, El Paso County, Texas and being more particularly described by metes and bounds as follows: Commencing for reference at a found 2" pipe at the Northeasterly corner of Section 46, Block 79, Township 2, Texas and Pacific Railroad Company Surveys; Thence along the Easterly boundary line of said Section 46 South 00 33'12" East a distance 524.76 feet to a set 1/2" rebar with cap marked Tx 5152 for the "TRUE POINT OF BEGINNING"; Thence continuing along the Easterly boundary line of said Section 46, South 00°33'12" East a distance of 1048.28 feet to a set 1/2" rebar with cap marked Tx 5152 on the Southerly boundary line of Tract 2A, Section 46, Block 79, Township 2, Texas and Pacific Railroad Company Surveys; Thence along said boundary line the following 3 courses: 1. North 90°00'00" West a distance of 4422.30 feet to a set 1/2" rebar with cap marked Tx 5152; 2. 185.59 feet along the arc of a curve to the right whose radius is 250.00 feet, whose interior angle is 42°32'00, whose chord bears North 68°44'00" West a distance of 181.35 feet to a set 1/2" rebar with cap marked Tx 5152; 3. North 47°28'00" West a distance of 20.86 feet ( 20.00 feet volume 780, page 1233 Deed Records of El Paso County, Texas) to a set 1/2" rebar with cap marked Tx 5152 on the Southeasterly right-of-way line of Zaragosa Road (100' R.O.W.); Thence along said right-of-way line North 42°33'05" East a distance of 1314.51 feet (North 42 32'00" East - 1314.91 feet volume 780, page 1233, Deed Records of El Paso County, Texas) to a set 1/2" rebar with cap marked Tx 5152 on the Northerly boundary line of said Tract 2A; Thence along said boundary line South 90°00'00" East a distance of 3707.61 feet to the "TRUE POINT OF BEGINNING" and containing in all 4,388,551.33 square feet or 100.75 acres of land more or less. NOTE: Bearings based on found 2" pipes at Northeast and Southeast corners of Section 46, Block 79, Township 2, Texas and Pacific Railroad Company Surveys with bearing of South 00 33'12" East as per Deed in volume 780, page 1233, Deed Records of El Paso County, Texas. Tract Seven: Description of a parcel of land being a portion of Section 47, Block 79, Township 2, Texas and Pacific Railroad Surveys El Paso County, Texas and being more particularly described by metes and bounds as follows: The "TRUE POINT OF BEGINNING" being a found 2" pipe with brass cap marked sect 37,38,47,48, Thence South 00°34'52" East with the common line between sections 47 and 48 a distance of 4734.76 feet to a found 1/2" rebar with cap marked TX 4680 on the northerly boundary line of property to Jobe Concrete Products Inc. recorded in book 3084, page 133, deed records of El Paso County, Texas; Thence along said boundary line South 89°59'32" West (S 89°55'06" W book 3084, page 133) a distance of 500.00 feet to a point on the westerly boundary line of said Jobe Concrete Products property from which a found 1/2" rebar with cap marked TX 4680 bears N 61°14'07" E - 0.18'; Thence along said boundary line South 00°34'52" East (S00°29'10"E book 3084, page 133) a distance of 500.00 feet to a point on the line between sections 47 and 2 from which a found 1/2" rebar with cap marked TX 4680 bears S 08°02'47" W- 0.18'; Thence South 89°59'32" West along the line between section 47 and 2 a distance of 4716.17 feet to a set 1/2" rebar with cap marked TX 5152 on the easterly boundary line of an 100 foot El Paso Electric Company easement in book 3848, page 1070, Deed records of El Paso County, Texas; Thence along said boundary line North 00 34'37" West (N 00°35'50" W Book 3848, Page 1070) a distance of 2853.01 feet to a set 1/2" rebar with cap marked TX 5152 on the northerly line of said El Paso Electric Company Easement; Thence along said line North 89 58'26" West (N 89°59'39" W Book 3848, page 1070) a distance of 100.01 feet to a set 1/2" rebar with cap marked TX 5152 on the line between sections 46 and 47; Thence North 00 34'37" West with the common line between sections 46 and 47 a distance of 2382.12 feet to a set 1/2" rebar with cap marked TX 5152 for the common corner of section 38,39,46 & 47; Thence North 89°59'49" East (N 89°57'31" E Book 3661, Page 718) along the line between section 38 and 47 a distance of 5315.81 feet to the "TRUE POINT OF BEGINNING" and containing 626.55 acres of land more or less. NOTE: Bearings Basis is True North for a Transverse Mercator Surface Projection as determined by GPS Methods based on a set 1/2" rebar with cap marked TX 5152 Latitude:31°47'01.296"N Longitude: 106°14'58.705W. SECTION 3. (a) The 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 under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time. (d) 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 4. This Act takes effect September 1, 2005.