BILL ANALYSIS



S.B. 1709
By: Rosson (Pickett)
5-16-95
Committee Report (Unamended)


BACKGROUND
Currently there is a 90 acre tract of land within the boundaries of
the El Paso County Water Authority that is not being served by the
authority and could be more conveniently served by another water
district.

PURPOSE
As proposed, S.B. 1709 validates the disannexation of land from the
boundaries of the El Paso County Water Authority.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS
SECTION 1. DEFINITION.  Defines "district."

SECTION 2. VALIDATION.  Validates all resolutions, orders, and
other acts or attempted acts of the board of directors of the El
Paso County Water Authority (district) relating to the
disannexation by the district of the tracts described in SECTION 3
of this Act and the disannexation by the district of those tracts
as though they had been legally authorized or accomplished.

SECTION 3. EXCLUSION OF TERRITORY.  Requires the boundaries of the
district, on or after the effective date of this Act, to be
adjusted to exclude certain tracts.

SECTION 4. RIGHTS OF BONDHOLDERS.  Declares that the disannexation
of land validated by this Act does not diminish or impair the
rights of the holders of any outstanding and unpaid bonds,
warrants, or other certificates of indebtedness of the district at
the time of the purported disannexation validated by this Act.

SECTION 5. APPORTIONMENT OF DISTRICT INDEBTEDNESS.  (a) Declares
that the disannexed land is not released from the payment of its
pro rata share of the district's outstanding indebtedness at the
time of the purported disannexation validated by this Act.

     (b) Requires the district to continue to levy and collect
     taxes each year on the property disannexed from the district
     at a rate necessary for the disannexed land to pay its pro
     rata share of the outstanding indebtedness of the district at
     the time of the purported disannexation validated by this Act.
     
     SECTION 6.     LEGISLATIVE FINDING.  Sets forth the findings of the
legislature regarding the disannexed land.

SECTION 7. PENDING LITIGATION.  Declares that this Act does not
apply or affect litigation pending on the effective date of this
Act in any court of competent jurisdiction in this state to which
the district is a party.

SECTION 8. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION
S.B.1709 was considered by the committee in a formal meeting on May
16, 1995.
No testimony was received.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.