H.B. No. 4730
AN ACT
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. CONSENT OF MUNICIPALITY AND ENTITLEMENT
AGREEMENT REQUIRED. The board may not impose an assessment, issue
bonds, or hold an election to authorize the issuance of bonds until:
(1) the governing body of the city by ordinance or
resolution consents to the creation of the district and to the
inclusion of land in the district; and
(2) the city and the owner or owners of a majority of
the assessed value of real property in the district negotiate and
execute a mutually approved and accepted entitlement agreement
regarding the development of land in the district.
Sec. 3972.0110. 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. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation for each
director in one year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3972.0207. 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. 3972.0208. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3972.0209. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3972.0210. INITIAL DIRECTORS. (a) On or after January
1, 2020, the owner or owners of a majority of the assessed value of
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 a list of persons agreed on by the
governing body of the city and the owner or owners of a majority of
the assessed value of real property in the district.
(b) A petition must name more than five qualified persons.
(c) The governing body shall appoint as initial directors
five persons listed in the petition who are qualified to serve as
directors.
(d) The initial directors shall determine by lot which three
positions expire June 1, 2022, and which two positions expire June
1, 2024.
(e) An initial director is not entitled to compensation
under Section 3972.0206.
(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, or, 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, 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.
SUBCHAPTER I. DISSOLUTION
Sec. 3972.0901. DISSOLUTION BY CITY. (a) The city may
dissolve the district in the manner provided by Section 375.263,
Local Government Code, only if the city also complies with any
dissolution procedures in the entitlement agreement described by
Section 3972.0109.
(b) In the case of a conflict between Section 375.263, Local
Government Code, and the entitlement agreement, the entitlement
agreement controls.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4730 was passed by the House on May 3,
2019, by the following vote: Yeas 131, Nays 9, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4730 on May 24, 2019, by the following vote: Yeas 108, Nays 30,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4730 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor