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.