Bill Text: TX HB4730 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the City of El Paso Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 1/1/20 [HB4730 Detail]
Download: Texas-2019-HB4730-Engrossed.html
Bill Title: Relating to the creation of the City of El Paso Municipal Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-14 - Effective on 1/1/20 [HB4730 Detail]
Download: Texas-2019-HB4730-Engrossed.html
86R25735 SMT-F | ||
By: Moody | H.B. No. 4730 |
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relating to the creation of the City of El Paso Municipal Management | ||
District No. 1; providing authority to issue bonds; providing | ||
authority to impose assessments, fees, or taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3972 to read as follows: | ||
CHAPTER 3972. CITY OF EL PASO MUNICIPAL MANAGEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3972.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of El Paso. | ||
(3) "Director" means a board member. | ||
(4) "District" means the City of El Paso Municipal | ||
Management District No. 1. | ||
Sec. 3972.0102. CREATION AND NATURE OF DISTRICT. The City | ||
of El Paso Municipal Management District No. 1 is a special | ||
district created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 3972.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. | ||
(b) By creating the district and in authorizing the city and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(c) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(d) The district is created to supplement and not to | ||
supplant city services provided in the district. | ||
Sec. 3972.0104. FINDINGS OF BENEFIT AND PUBLIC USE. (a) | ||
All land and other property included in the district will benefit | ||
from the improvements and services to be provided by the district | ||
under powers conferred by Sections 52 and 52-a, Article III, and | ||
Section 59, Article XVI, Texas Constitution, and other powers | ||
granted under this chapter. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
(3) developing or expanding transportation and | ||
commerce; and | ||
(4) providing quality residential housing. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a residential community and business | ||
center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3972.0105. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bonds for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on the bonds; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3972.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for: | ||
(1) the purposes permitted for money granted to a | ||
corporation under Section 380.002(b), Local Government Code; and | ||
(2) any other district purpose, including the right to | ||
pledge the money as security for any bonds or other obligations | ||
issued by the district. | ||
(c) A tax increment reinvestment zone created by the city in | ||
the district is not subject to the limitations provided by Section | ||
311.006, Tax Code. | ||
Sec. 3972.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICT LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3972.0108. ENFORCEABILITY OF MUNICIPAL CONSENT | ||
AGREEMENT. (a) Any agreement between the district and a | ||
municipality related to the municipality's consent to the creation | ||
of the district is valid and enforceable. | ||
(b) On the issuance of bonds by the district, the district | ||
is considered to have waived sovereign immunity to suit by a | ||
municipality for the purpose of adjudicating a claim for breach of | ||
an agreement described by this section. | ||
Sec. 3972.0109. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3972.0201. GOVERNING BODY; TERMS. The district is | ||
governed by a board of five directors who serve staggered terms of | ||
four years with two or three directors' terms expiring June 1 of | ||
each even-numbered year. | ||
Sec. 3972.0202. QUALIFICATIONS OF DIRECTORS. (a) To be | ||
qualified to serve as a director, a person must be: | ||
(1) a resident of the city who is also a registered | ||
voter of the city; | ||
(2) an owner of property in the district; | ||
(3) an owner of stock or a partnership or membership | ||
interest, whether beneficial or otherwise, of a corporate | ||
partnership, limited liability company, or other entity owner of a | ||
direct or indirect interest in property in the district; | ||
(4) an owner of a beneficial interest in a trust, or a | ||
trustee in a trust, that directly or indirectly owns property in the | ||
district; or | ||
(5) an agent, employee, or tenant of a person | ||
described by Subdivision (2), (3), or (4). | ||
(b) Section 49.052, Water Code, does not apply to the | ||
district. | ||
Sec. 3972.0203. APPOINTMENT OF DIRECTORS. The governing | ||
body of the city shall appoint directors from persons recommended | ||
by the board. | ||
Sec. 3972.0204. VACANCY. (a) If a vacancy occurs on the | ||
board, the remaining directors shall appoint a director for the | ||
remainder of the unexpired term. | ||
(b) A director may resign from the board at any time. | ||
Sec. 3972.0205. OFFICERS. The board shall elect from among | ||
the directors a chair, a vice chair, and a secretary. The offices | ||
of chair and secretary may not be held by the same person. | ||
Sec. 3972.0206. LIABILITY INSURANCE. The district may | ||
obtain and pay for comprehensive general liability insurance | ||
coverage from a commercial insurance company or other source that | ||
protects and insures a director against personal liability and from | ||
all claims relating to: | ||
(1) actions taken by the director in the director's | ||
capacity as a member of the board; | ||
(2) actions and activities taken by the district; or | ||
(3) the actions of others acting on behalf of the | ||
district. | ||
Sec. 3972.0207. NO EXECUTIVE COMMITTEE. The board may not | ||
create an executive committee to exercise the powers of the board. | ||
Sec. 3972.0208. BOARD MEETINGS. The board shall hold | ||
meetings at a place accessible to the public. | ||
Sec. 3972.0209. INITIAL DIRECTORS. (a) On or after January | ||
1, 2020, the owner or owners of a majority of the assessed value of | ||
the real property in the district may submit a petition to the | ||
governing body of the city requesting that the governing body | ||
appoint five persons as initial directors from among the persons | ||
named in the petition. | ||
(b) A petition must name more than five qualified persons. | ||
(c) If the governing body of the city is not satisfied with | ||
the recommended persons, the governing body may request that | ||
another petition with additional recommended persons be submitted. | ||
(d) The governing body shall appoint as initial directors | ||
five persons named in the petition who are qualified to serve as | ||
directors. | ||
(e) The initial directors shall determine by lot which three | ||
positions expire June 1, 2022, and which two positions expire June | ||
1, 2024. | ||
(f) This section expires September 1, 2025. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3972.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3972.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) | ||
The district, using money available to the district for the | ||
purpose, may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter or Chapter 375, Local | ||
Government Code. | ||
(b) The district may contract with a governmental or private | ||
entity to carry out an action under Subsection (a). | ||
(c) An improvement project described by Subsection (a) may | ||
be located: | ||
(1) in the district; or | ||
(2) in an area outside the district if the project is | ||
for the purpose of extending a public infrastructure improvement | ||
beyond the district's boundaries to a logical terminus. | ||
Sec. 3972.0303. IMPROVEMENT PROJECT AND SERVICE IN | ||
DEFINABLE AREA; BENEFIT BASIS. The district may undertake an | ||
improvement project or service that confers a special benefit on a | ||
definable area in the district and levy and collect a special | ||
assessment on benefited property in the district in accordance | ||
with: | ||
(1) Chapter 372, Local Government Code; or | ||
(2) Chapter 375, Local Government Code. | ||
Sec. 3972.0304. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||
district may engage in activities that accomplish the economic | ||
development purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers that Chapter 380, | ||
Local Government Code, provides to a municipality. | ||
Sec. 3972.0305. PARKING FACILITIES. (a) The district may | ||
acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(d) The development and operation of the district's parking | ||
facilities may be considered an economic development program. | ||
Sec. 3972.0306. ADDING OR REMOVING TERRITORY. (a) The | ||
board may add or remove territory as provided by Subchapter J, | ||
Chapter 49, Water Code. | ||
(b) The district may add territory as described by | ||
Subsection (a) only if the governing body of the city by ordinance | ||
or resolution consents to the addition. | ||
Sec. 3972.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3972.0401. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district, including territory added to the district under Section | ||
3972.0306, may be divided into two or more new districts only if the | ||
district has no outstanding bonded debt. Territory previously | ||
added to the district under Section 3972.0306 may be included in a | ||
new district. | ||
Sec. 3972.0402. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3972.0403. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by an owner of real | ||
property in the district, may adopt an order proposing to divide the | ||
district. | ||
(b) If the board decides to divide the district, the board | ||
shall: | ||
(1) set the terms of the division, including names for | ||
the new districts and a plan for the payment or performance of any | ||
outstanding district obligations; | ||
(2) prepare a metes and bounds description for each | ||
proposed district; and | ||
(3) appoint four initial directors for each new | ||
district. | ||
(c) The governing body of the city shall appoint one | ||
director for each new district. | ||
Sec. 3972.0404. CONTRACT AUTHORITY OF NEW DISTRICTS. The | ||
new districts may contract with each other for any matter the boards | ||
of the new districts consider appropriate, including the joint | ||
construction or financing of a utility improvement. | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3972.0501. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 3972.0502. TAX AND ASSESSMENT ABATEMENTS. The | ||
district may designate reinvestment zones and may grant abatements | ||
of a tax or assessment imposed by the district on property in the | ||
zones. | ||
SUBCHAPTER F. TAXES AND BONDS | ||
Sec. 3972.0601. BONDS AND OTHER OBLIGATIONS. (a) The | ||
district may issue, by public or private sale, bonds, notes, or | ||
other obligations payable wholly or partly from ad valorem taxes or | ||
assessments in the manner provided by Chapter 375, Local Government | ||
Code. If an improvement financed by an obligation issued under this | ||
section will be conveyed to or operated and maintained by a | ||
municipality or other retail utility provider pursuant to an | ||
agreement with the district entered into before the issuance of the | ||
obligation, the district may issue the obligation in the manner | ||
provided by Subchapter A, Chapter 372, Local Government Code. | ||
(b) In exercising the district's borrowing power, the | ||
district may issue a bond or other obligation in the form of a bond, | ||
note, certificate of participation or other instrument evidencing a | ||
proportionate interest in payments to be made by the district, or | ||
other type of obligation. | ||
(c) In addition to the sources of money described by | ||
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local | ||
Government Code, district bonds may be secured and made payable | ||
wholly or partly by a pledge of any part of the money the district | ||
receives from improvement revenue or from any other source. | ||
Sec. 3972.0602. OPERATION AND MAINTENANCE TAX. If | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with Section 49.107, Water Code, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in the manner provided by that section for | ||
any district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
Sec. 3972.0603. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||
the time bonds or other obligations payable wholly or partly from ad | ||
valorem taxes are issued: | ||
(1) the board shall impose a continuing direct annual | ||
ad valorem tax for each year that all or part of the bonds are | ||
outstanding; and | ||
(2) the district annually shall impose an ad valorem | ||
tax on all taxable property in the district in an amount sufficient | ||
to: | ||
(A) pay the interest on the bonds or other | ||
obligations as the interest becomes due; and | ||
(B) create a sinking fund for the payment of the | ||
principal of the bonds or other obligations when due or the | ||
redemption price at any earlier required redemption date. | ||
SUBCHAPTER G. SPECIAL BOND PROVISIONS | ||
Sec. 3972.0701. APPLICABILITY. This subchapter applies | ||
only to bonds payable wholly or partly from revenue derived from | ||
assessments on real property in the district. | ||
Sec. 3972.0702. CONFLICT OF LAWS. In the event of a | ||
conflict between this subchapter and any other law, this subchapter | ||
prevails. | ||
Sec. 3972.0703. WRITTEN AGREEMENT REGARDING SPECIAL | ||
APPRAISALS. Before the district may issue bonds, the district and | ||
any person to whom the board intends that proceeds of the bonds be | ||
distributed, including the developer, another owner of land in the | ||
district, and any entity acting as a lender to the developer or | ||
other landowner for the purpose of a project relating to the | ||
district, must enter into a written agreement that: | ||
(1) waives for the term of the agreement the right to a | ||
special appraisal with respect to taxation by the district under | ||
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and | ||
(2) remains in effect for 30 years and is binding on | ||
the parties, on entities related to or affiliated with the parties, | ||
and on their successors and assignees. | ||
Sec. 3972.0704. REQUIREMENTS FOR ADVERTISING BOND ISSUE. A | ||
district may not advertise for an issuance of bonds until the | ||
completion of at least 25 percent of the projected value of the | ||
improvements, including houses and other buildings, that are liable | ||
for district assessments and necessary to support the district | ||
bonds. | ||
Sec. 3972.0705. REQUIREMENTS FOR BOND ISSUE. The district | ||
may not issue bonds until: | ||
(1) the district submits to the Texas Commission on | ||
Environmental Quality: | ||
(A) an engineer's report describing the project | ||
for which the bonds will provide funding, including data, profiles, | ||
maps, plans, and specifications related to the project; and | ||
(B) a cash flow analysis to determine the | ||
projected rate of assessment, which includes the following | ||
assumptions: | ||
(i) each ending balance for debt service in | ||
the analysis is not less than 25 percent of the following year's | ||
debt service requirement; | ||
(ii) interest income is only shown on the | ||
ending balance for debt service for the first two years; and | ||
(iii) the projected rate of assessment is | ||
level or decreasing for the life of the bonds issued by the | ||
district; | ||
(2) the completion of at least 75 percent of the | ||
projected value of the improvements, including houses and other | ||
buildings, that are liable for district assessments and necessary | ||
to support the district bonds; and | ||
(3) the district has obtained an independent market | ||
study from a firm recognized in the area of real estate market | ||
analysis supporting the development projects for the real property | ||
that is liable for district assessments and necessary to support | ||
the district bonds. | ||
Sec. 3972.0706. REQUIREMENTS FOR COLLECTION OF REVENUE TO | ||
PAY BONDS. The district may not collect an assessment to be used | ||
for the payment of bonds until: | ||
(1) the completion of at least 95 percent of the | ||
underground water, wastewater, and drainage facilities financed | ||
from bond proceeds that are necessary to serve the projected | ||
build-out, as certified by the district's engineer; | ||
(2) the district or other appropriate party has | ||
secured the groundwater, surface water, and water discharge permits | ||
that are necessary to secure capacity to support the projected | ||
build-out; | ||
(3) the completion of at least 95 percent of lift | ||
station, water plant, and sewage treatment plant capacity | ||
sufficient to serve the connections constructed in the project for | ||
a period of not less than 18 months, as certified by the district's | ||
engineer; and | ||
(4) the completion of at least 95 percent of the | ||
streets and roads that are necessary to provide access to the areas | ||
served by utilities and financed by the proceeds of bonds issued by | ||
the district, as certified by the district's engineer and | ||
constructed in accordance with municipal or county standards. | ||
SECTION 2. The City of El Paso Municipal Management | ||
District No. 1 initially includes all territory contained in the | ||
following area: | ||
3,643.3423 acres of land located in El Paso County, Texas, being | ||
that certain 3,699.05 acres described as "Area 2" (650.600 acres), | ||
"Area 3" (2,045.343 acres) and "Area 4" (1,003.107 acres), as | ||
described below, LESS AND EXCEPT that certain 5.0000 acre tract, | ||
and that certain 50.7077 acre tract, as described below. | ||
METES AND BOUNDS - AREA 2 | ||
650.600 acres (28,340,145 square feet) | ||
A Portion of Sections 11, 14 & 19, Block 81, | ||
Township 1, Texas & Pacific Railroad Company Surveys City of El | ||
Paso, El Paso County, Texas | ||
BEING a portion of Sections 11, 14 & 19, Block 81,Township 1, Texas & | ||
Pacific Railroad Company Surveys City of El Paso, El Paso County, | ||
Texas, being a portion of a tract of land described in Deed to City | ||
of El Paso, recorded in Volume 1176, Page 504 of the Deed Records of | ||
El Paso County, Texas, being a portion of a tract of land described | ||
in Deed to The City of El Paso, recorded in Volume 1186, Page 183, | ||
Deed Records of El Paso County, Texas, being a portion of a tract of | ||
land described in Deed to The City of El Paso, recorded in Volume | ||
1272, Page 231 of the Deed Records of El Paso County, Texas and | ||
being more particularly described by metes and bounds as follows: | ||
BEGINNING at a 1/2-inch iron rod with plastic cap set for the | ||
intersection of east right of-way line of Martin Luther King, Jr. | ||
Boulevard (a 160-foot wide public right of way) and the north | ||
right-of-way line of Loma Real Avenue (a public right-of-way), for | ||
the southwest corner of said premises, from which a 1/2-inch iron | ||
rod with plastic "TX 5337" cap found for the common corner of | ||
Sections 89, 19, 22 & 23, Block 81, bears North 87°57'17" West, 92.85 | ||
feet; | ||
THENCE North 02°08'51" East, with the east right-of-way line of | ||
Martin Luther King, Jr. Boulevard, a distance of 860.05 feet to a | ||
1/2-inch iron rod with plastic cap set for corner; | ||
THENCE North 01°35'21" East, the east right-of-way line of Martin | ||
Luther King, Jr. Boulevard, a distance of 4432.74 feet to a point | ||
for corner; | ||
THENCE North 01°35'21" East, the east right-of-way line of Martin | ||
Luther King, Jr. Boulevard, a distance of 5424.52 feet to a point | ||
for corner; | ||
THENCE North 01°35'21" East, the east right-of-way line of Martin | ||
Luther King, Jr. Boulevard, a distance of 725.66 feet to a point for | ||
corner; | ||
THENCE South 86°53'30" East, leaving the east right-of-way line of | ||
Martin Luther King, Jr. Boulevard, a distance of 2528.30 feet to a | ||
1/2-inch iron rod with plastic cap set for corner in the west line | ||
of a tract of land described in Deed to El Paso Electric Company, | ||
recorded in Volume 1338, Page 471 of the Real Property Records of El | ||
Paso County, Texas; | ||
THENCE South 02°04'19" West, with the west line of the El Paso | ||
Electric Company tract, a distance of 6102.12 feet to a 1/2-inch | ||
iron rod with plastic cap set for corner; | ||
THENCE South 01°58'57" West, with the west line of the El Paso | ||
Electric Company tract, a distance of 5293.60 feet to a 1/2-inch | ||
iron rod with plastic cap set for corner in the north right-of-way | ||
line of Loma Real Avenue; | ||
THENCE North 87°57'17" West, with the north right-of-way line of | ||
Loma Real Avenue, a distance of 2448.11 feet to the POINT OF | ||
BEGINNING and containing 650.600 acres (28,340,145 square feet) of | ||
land, more or less. | ||
"This document was prepared under 22 TAC §663.21, does not reflect | ||
the results of an on the ground survey, and is not to be used to | ||
convey or establish interests in real property except those rights | ||
and interests implied or established by the creation or | ||
reconfiguration of the boundary of the political subdivision for | ||
which it was prepared." | ||
METES AND BOUNDS - AREA 3 | ||
2,045.343 acres (89,095,150 square feet) | ||
A Portion of Sections 11, 12, 13, 14, 19, 20 & 21, Block 81, Township | ||
1, Texas & Pacific Railroad Company Surveys City of El Paso, El Paso | ||
County, Texas | ||
BEING a portion of Sections 11, 12, 13, 14, 19, 20 &21, | ||
Block81,Township 1, Texas & Pacific Railroad Company Surveys City | ||
of El Paso, El Paso County, Texas, being a portion of a tract of land | ||
described in Deed to City of El Paso, recorded in Volume 1176, Page | ||
504 of the Deed Records of El Paso County, Texas, being a portion of | ||
a tract of land described in Deed to The City of El Paso, recorded in | ||
Volume 1186, Page 183, Deed Records of El Paso County, Texas, being | ||
a portion of a tract of land described in Deed to The City of El | ||
Paso, recorded in Volume 1272, Page 231 of the Deed Records of El | ||
Paso County, Texas, being a portion of a tract of land described in | ||
Deed to El Paso Water Utilities Board, recorded in Volume 1263, Page | ||
146 of the Deed Records of El Paso County, Texas and being more | ||
particularly described by metes and bounds as follows: | ||
BEGINNING at a 1/2-inch iron rod with plastic cap set on the west | ||
light-of-way line of Mccombs Street, dedicated to the State of | ||
Texas by Deed recorded in Volume 1410, Page 576 of the Deed Records | ||
of El Paso County, Texas (a 150-foot wide public right of-way) from | ||
which a Concrete TxDot Monument with bronze cap found for the common | ||
corner of Sections 20 & 21, Block 81 and Sections 19 & 30, Block 80, | ||
bears South 87°58'34" East, 75.00 feet; | ||
THENCE South 02°01'26" West, with the west right-of-way line of | ||
Mccombs Street, a distance of 526.41 feet to a 1/2-inch iron rod | ||
with plastic "TX 5337" cap found for corner in the north | ||
right-of-way line of U.S. Highway 54 (a 400-foot wide public | ||
right-of-way); | ||
THENCE South 51°37'59" West, with the north right-of-way line of | ||
U.S. Highway 54, a distance of 1124.39 feet to a 1/2-inch iron rod | ||
with plastic "TX 5337" cap found for corner; | ||
THENCE North 38°22'40" West, leaving the north right-of-way line of | ||
U.S. Highway 54, a distance of 1647.88 feet to a 1/2-inch iron rod | ||
with plastic "TX 5337" cap found for corner; | ||
THENCE North 87°58'27" West, with the south line of said premises, a | ||
distance of | ||
3283.45 feet to a 1/2-inch iron rod with plastic "TX 5337" cap found | ||
for corner; | ||
THENCE North 87°57'17" West, with the south line of said premises, a | ||
distance of 2539.39 feet to a 1/2-inch iron rod with plastic cap set | ||
for comer in the east line of a tract of land described in Deed to El | ||
Paso Electric Company, recorded in Volume 1338, Page 471 of the Real | ||
Property Records of El Paso County, Texas; | ||
THENCE North 01°58'57" East, with the east line of said El Paso | ||
Electric Company tract, a distance of 5293.68 feet to a 1/2-inch | ||
iron rod with plastic cap set for corner; | ||
THENCE North 02°04'19" East, with the east line of said El Paso | ||
Electric Company tract, a distance of 6098.32 feet to a 1/2-inch | ||
iron rod with plastic cap set for corner; | ||
THENCE South 86°53'15" East, leaving the east line of said El Paso | ||
Electric Company tract, a distance of 7744.48 feet to a 1/2-inch | ||
iron rod with plastic cap set for corner in the west right-of-way | ||
line of Mccombs Street; | ||
THENCE South 02°05"16" West, with the west right-of-way line of | ||
Mccombs Street, a distance of 660.46 feet to a 1/2-inch iron rod | ||
with plastic cap set for corner; | ||
THENCE South 02°03'39" West, with the west right-of-way line of | ||
Mccombs Street, a distance of 5288.97 feet to a 1/2-inch iron rod | ||
with plastic cap set for corner; | ||
THENCE South 01°56'52" West, a distance of 5296.37 feet to the POINT | ||
OF BEGINNING and containing 2,045.343 acres (89,095,150 square | ||
feet) of land, more or less. | ||
"This document was prepared under 22 TAC §663.21, does not reflect | ||
the results of an on the ground survey, and is not to be used to | ||
convey or establish interests in real property except those rights | ||
and interests implied or established by the creation or | ||
reconfiguration of the boundary of the political subdivision for | ||
which it was prepared." | ||
METES AND BOUNDS - AREA 4 | ||
1003.107 acres (43,695,333 square feet) | ||
A Portion of Sections 7, 17, 18, 19, 20 & 30, Block 80, Township 1, | ||
Texas & Pacific Railroad Company Surveys City of El Paso, El Paso | ||
County, Texas | ||
BEING a tract of land situated in Sections 7, 17, 18, 19, 20 & 30, | ||
Block 80, Township 1 of the Texas & Pacific Railroad Company Survey, | ||
City of El Paso, El Paso County, Texas, being a portion of a tract of | ||
land described in Deed to The City of El Paso, recorded in Volume | ||
1186, Page 183 of the Deed Records of El Paso County, Texas, being a | ||
portion of a tract of land described in Deed to El Paso Natural Gas | ||
Company, recorded in Volume 307, Page 91 of the Deed Records of El | ||
Paso County, Texas, being a portion of a tract of land described in | ||
Deed to City of El Paso, recorded in Volume 1176, Page 504 of the | ||
Deed Records of El Paso County, Texas, being a portion of a tract of | ||
land described in Deed to The City of El Paso, recorded in Volume | ||
1186, Page 178 of the Deed Records of El Paso County, being a | ||
portion of a tract of land described in Deed to El Paso Water | ||
Utilities Board, recorded in Volume 1616, Page 219 & Volume 1263, | ||
Page 1476 of the Deed Records of El Paso County, Texas, being a | ||
portion of a tract of land described and conveyed in Deed's to City | ||
of El Paso, recorded in Volume 4614, Pages 353, 361, 369 & 377 of the | ||
Deed Records of El Paso County, Texas and being more particularly | ||
described by metes and bounds as follows; | ||
BEGINNING at a 1/2-inch iron rod with plastic cap set for the | ||
intersection of east right of-way line of Mccombs Street, dedicated | ||
to the State of Texas by Deed recorded in Volume 1410, Page 576 of | ||
the Deed Records of El Paso County, Texas (a 150-foot wide public | ||
right-of-way) and the north right-of-way line of U.S. Highway 54 (a | ||
400-foot wide public right-of-way) for the southwest corner of the | ||
subject property; | ||
THENCE North 02°01'26" East, with the east right-of-way line of | ||
Mccombs Street, a distance of 510.01 feet to a 1/2-inch iron rod | ||
with plastic cap set for corner, from which a Concrete TxDot | ||
Monument with bronze cap found for the common corner of Sections 30 & | ||
19, Block 80 and Sections 20 & 21, Block 81, bears North 86°57'30" | ||
West, 75.01 feet; | ||
THENCE North 01°56'52" East, with the east right-of-way line of | ||
Mccombs Street, a distance of 5296.22 feet to a 1/2-inch iron rod | ||
with plastic 'TX 5337" cap found for corner; | ||
THENCE North 02°03'39" East, with the east right-of-way line of | ||
Mccombs Street, a distance of 5288.02 feet to a 1/2-inch iron rod | ||
with plastic cap set for corner; | ||
THENCE North 02°05'16" East, with the east right-of-way line of | ||
Mccombs Street, a distance of 539.84 feet to a 1/2-inch iron rod | ||
with plastic "TX 5337" cap found for the intersection of the south | ||
right-of-way line of Stan Roberts Sr. Drive (a 120-foot wide public | ||
right-of-way) and the east right-of-way line of Mccombs Street; | ||
THENCE South 86°53'15" East, with the south right-of-way line of | ||
Stan Roberts Sr. Drive, a distance of 789.26 feet to a 1/2-inch iron | ||
rod with plastic "TX 5337" cap found for comer; | ||
THENCE leaving the south right-of-way line of Stan Roberts Sr. | ||
Drive, the following courses and distances to wit: | ||
South 33°39'07" East, a distance of 1441.10 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for comer; | ||
South 02°22'35" West, a distance of 1516.17 feet to a 1/2-inch | ||
iron rod with | ||
plastic "TX 5337" cap found for corner; | ||
South 87°35'40" East, a distance of 2115.02 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 65°17'57" East, a distance of 1547.56 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 45°19'14" East, a distance of 25.54 feet to a 1/2-inch | ||
iron rod with | ||
plastic "TX 5337" cap found for corner; | ||
South 45°17'44" East, a distance of 1720.06 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 45°19'14" East, a distance of 71.58 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
--South 45°12'25" East, a distance of 1315.09 feet to a | ||
1/2-inch iron rod with | ||
plastic "TX 5337" cap found for corner in the north | ||
right-of-way line of U.S. Highway 54; | ||
THENCE with the north right-of-way line of U.S. Highway 54, the | ||
following courses and distances to wit: | ||
South 51°37'39" West, a distance of 233.27 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 51°37'59" West, a distance of 1314.86 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
North 83°22'01" West, a distance of 48.08 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 51°37'59" West, a distance of 120.00 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 06°37'59" West, a distance of 48.08 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
South 51°37'59" West, a distance of 7897.13 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
North 63°11'30" West, a distance of 108.92 feet to a 1/2-inch | ||
iron rod with plastic "TX 5337" cap found for corner; | ||
North 88°03'02" West, a distance of 25.46 feet to the POINT OF | ||
BEGINNING | ||
and containing 1003.107 acres (43,695,333 square feet) of | ||
land, more or less. | ||
"This document was prepared under 22 TAC §663.21, does not reflect | ||
the results of an on the ground survey, and is not to be used to | ||
convey or establish interests in real property except those rights | ||
and interests implied or established by the creation or | ||
reconfiguration of the boundary of the political subdivision for | ||
which it was prepared." | ||
LESS AND EXCEPT the following three (3) tracts of land: | ||
Tract 1: | ||
A 5.0000 acre parcel situate within the corporate limits of the City | ||
of El Paso, El Paso County, Texas as a portion of the west half of | ||
Section 14, Block 81, Township 1, Texas and Pacific Railway Company | ||
Surveys and being more particularly described by metes and bounds | ||
as follows: | ||
COMMENCING for reference at a two inch iron pipe in concrete found | ||
for the corner common to Sections 11, 12, 13 and 14, Block 81, | ||
Township 1, Texas and Pacific Railway Company Surveys; WHENCE, a | ||
1/2 inch rebar with survey cap No. "TX 5337" found for the corner | ||
common to Sections 13, 14, 19 and 20, Block 81, Township 1, Texas | ||
and Pacific Railway Company Surveys bears South 02°04'30" West, a | ||
distance of 5,358.25 feet; THENCE, leaving the corner common to | ||
said Sections 11, 12, 13 and 14, South 45°08'53" West, a distance of | ||
4,011.69 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set | ||
on the west boundary line of a 200 feet wide El Paso Electric | ||
Company right-of-way for the POINT OF BEGINNING of the parcel | ||
herein described; | ||
THENCE, following the west boundary line of said 200 feet wide El | ||
Paso Electric Company right-of-way, South 02°04'30" West, a | ||
distance of 450.00 feet to a 1/2 inch rebar with survey cap No. "TX | ||
5337" set for the southeast corner of the parcel herein described; | ||
THENCE, leaving the west boundary line of said 200 feet wide El Paso | ||
Electric Company right-of-way, North 87°55'30" West, a distance of | ||
484.00 feet to a 1/2 inch rebar with survey cap No. "TX 5337" set | ||
for the southwest corner of the parcel herein described; | ||
THENCE, North 02°04'30" East, a distance of 450.00 feet to a 1/2 inch | ||
rebar with survey cap No. "TX 5337" set for the northwest corner of | ||
the parcel herein described; | ||
THENCE, South 87°55'30" East, a distance of 484.00 feet to the POINT | ||
OF BEGINNING; | ||
Said parcel containing 5.0000 acres (217,800.0 square feet), more | ||
or less, and being subject to all easements of record. | ||
Tract 2: | ||
A 50.7077 acre parcel situate within the corporate limits of the | ||
City of El Paso, El Paso County, Texas, as a portion of Section 19, | ||
Block 81, Township 1, Texas & Pacific Railway Company Surveys and | ||
being more particularly described by metes and bounds as follows: | ||
COMMENCING for reference at a 5/8 inch diameter rebar with an | ||
aluminum cap set for the corner common to Sections 19, 20, 21 and | ||
22, Block 81, Township 1, Texas & Pacific Railway Company Surveys; | ||
WHENCE, a 1/2 inch rebar found for the corner common to Sections 18, | ||
19, 22 and 23, Block 81, Township 1, Texas & Pacific Railway Company | ||
Surveys, bears North 87°57'12" West, a distance of 5,280.47 feet; | ||
and WHENCE, a 1/2 inch rebar found for the corner common to Sections | ||
13, 14, 19 and 20, Block 81, Township 1, Texas & Pacific Railway | ||
Company Surveys, bears North 01°59'00" East, a distance of 5,294.24 | ||
feet; THENCE, following the section line common to said Sections 19 | ||
and 20, North 01°59'00" East, a distance of 288.04 feet; THENCE, | ||
leaving the section line common to said Sections 19 and 20, North | ||
88°01'00" West, a distance of 38.00 feet to a 1/2 inch rebar with | ||
survey cap No. "TX 5337" set for the POINT OF BEGINNING and the | ||
southeast corner of the parcel herein described; | ||
THENCE, North 87°57'12" West, a distance of 1,640.00 feet to a 1/2 | ||
inch rebar with survey cap No. "TX 5337" set for the southwest | ||
corner of the parcel herein described; | ||
THENCE, North 01°59'00" East, a distance of 1,345.94 feet to a 1/2 | ||
inch rebar with survey cap No. "TX 5337" set for the northwest | ||
corner of the parcel herein described; | ||
THENCE, South 88°01'00" East, a distance of 1,640.00 feet to a 1/2 | ||
inch rebar with survey cap No. "TX 5337" set for the northeast | ||
corner of the parcel herein described; | ||
THENCE, South 01°59'00" West, a distance of 1,347.75 feet the to the | ||
true POINT OF BEGINNING; | ||
Said parcel contains 50.7077 acres (2,208,826.1 square | ||
feet), more or less, and being subject to all easements of record. | ||
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, | ||
lieutenant governor, and 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 have been | ||
fulfilled and accomplished. | ||
SECTION 4. This Act takes effect January 1, 2020. |