By: Rosson S.B. No. 1709 A BILL TO BE ENTITLED AN ACT 1-1 relating to the validation of certain acts of, including the 1-2 exclusion of land from, the El Paso County Water Authority. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. DEFINITION. In this Act, "district" means the El 1-5 Paso County Water Authority, also known as the El Paso County Water 1-6 Authority Municipal Utility District. 1-7 SECTION 2. VALIDATION. All resolutions, orders, and other 1-8 acts or attempted acts of the board of directors of the district 1-9 relating to the disannexation by the district of the tracts 1-10 described in Section 3 of this Act and the disannexation by the 1-11 district of those tracts are validated in all respects. All the 1-12 resolutions, orders, and other acts or attempted acts of the board 1-13 of directors of the district regarding the disannexation are valid 1-14 as though they originally had been legally authorized or 1-15 accomplished. 1-16 SECTION 3. EXCLUSION OF TERRITORY. On and after the 1-17 effective date of this Act, the boundaries of the district are 1-18 accordingly adjusted to exclude the following tracts: 1-19 TRACT 1: Being a portion of Tracts 3A and 4, O.A. Danielson 1-20 Survey No. 316, El Paso County, Texas, and more particularly 1-21 described by metes and bounds as follows: 1-22 BEGINNING at a found 1" iron pipe marked "TEX. G.L.O. 1982 SW 1-23 319" lying at the common corner of A.G. Bell Survey No. 315 112 and 2-1 C.D. Stewart Survey Nos. 317, 318 and 319; Thence, North 9000'00" 2-2 West, a distance of 5980.07 feet to a found 1/2" iron with cap 2-3 marked "TX 2027" lying at the intersection of the common boundary 2-4 line between Americas Ten Subdivision and O.A. Danielson Survey No. 2-5 316 and the southerly right-of-way line of Rojas Drive, said point 2-6 being the TRUE POINT OF BEGINNING of this description; 2-7 THENCE, South 36 42' 05" West, a distance of 528.02 feet to 2-8 a point lying generally in the center of an existing drainage way; 2-9 THENCE, 497.37 feet along the arc of a curve to the left, 2-10 having a radius of 353.14 feet, a central angle of 80 41' 53" and 2-11 a chord which bears South 0338' 51" East, a distance of 457.27 2-12 feet; 2-13 THENCE, 93.89 feet along the arc of a curve to the right, 2-14 having a radius of 758.13 feet, a central angle of 07 05' 44" and 2-15 a chord which bears South 40 26' 56" East, a distance of 93.83 2-16 feet; 2-17 THENCE, South 46 00' 12" West, a distance of 1355.35 feet to 2-18 a point lying on the northeasterly right-of-way line of U.S. 2-19 Interstate Highway No. 10; 2-20 THENCE, North 43 59' 48" West, a long said right-of-way 2-21 line, a distance of 2010.45 feet to a set 518" iron with cap lying 2-22 on the common boundary line between O.A. Danielson Survey No. 316 2-23 and Americas Ten Subdivision; 2-24 THENCE, North 16 00' 00" East, along said boundary line, a 2-25 distance of 464.25 feet to a set 5/8" iron with cap; 3-1 THENCE, North 90'" 00' 00" East, continuing along said 3-2 boundary line, a distance of 2469.14 feet to the TRUE POINT OF 3-3 BEGINNING of this description, 3-4 SAVE AND EXCEPT Tract 3C, O.A. Danielson Survey No. 316 3-5 containing 0.268 acres (11,691 sq. ft.) according to the metes and 3-6 bounds description recorded in Book 720, Page 952, Deed Records, El 3-7 Paso County, Texas, and Tract 3G, O.A. Danielson Survey No. 316 3-8 containing 0.500 acres (21,780 sq. ft.) according to the metes and 3-9 bounds description recorded in Book 720, Page 960, Deed Records, El 3-10 Paso County, Texas, and Tract 3D, O.A. Danielson Survey No. 316 3-11 containing 0.500 acres (21,780 sq. ft.) according to the metes and 3-12 bounds description recorded in Book 720, Page 954, Deed Records, El 3-13 Paso County, Texas, and Tract 3H, O.A. Danielson Survey No. 316 3-14 containing 0.459 acres (19,981 sq. ft.) according to the metes and 3-15 bounds description recorded in Book 720, Page 962, Deed Records, El 3-16 Paso County, Texas, said parcel of land contains 66.150 acres 3-17 (2,881,482 sq. ft.) of land more or less; and 3-18 TRACT 2: Being a portion of Tracts 3A and 5A, O.A. Danielson 3-19 Survey No, 36, El Paso County, Texas, and more particularly 3-20 described by metes and bounds as follows: 3-21 Commencing at a found 1" iron pipe marked "TEX. G.L.O. 1982 3-22 SW 319" lying at the common corner of A.G. Bell Survey No. 315 1/2 3-23 and C.D. Stewart Survey Nos. 317, 318 and 319; Thence, North 90 3-24 00' 00" West, a distance of 5980.07 feet to a found 1/2" iron with 3-25 cap marked "TX 2027" lying at the intersection of the common 4-1 boundary line between Americas Ten Subdivision and O.A. Danielson 4-2 Survey No. 316 and the southerly right-of-way line of Rojas Drive; 4-3 Thence, South 36 42' 05" West, a distance of 528.02 feet; Thence, 4-4 497.37 feet along the arc of a curve to the left, having a radius 4-5 of 353.14 feet, a central angle of 80 41' 53" and a chord which 4-6 bears South 03 38' 51" East, a distance of 457.27 feet; Thence, 4-7 93.89 feet along the arc of a curve to the right, having a radius 4-8 of 758.13 feet, a central angle of 07 05' 44" and a chord which 4-9 bears South 40 26' 56" East, a distance of 93.83 feet to the TRUE 4-10 POINT OF BEGINNING of this description; 4-11 THENCE, 416.43 feet along the arc of a curve to the right, 4-12 having a radius of 758.13 feet, a central angle of 31 28' 18" and 4-13 a chord which bears South 21 09' 55" East, a distance of 411.21 4-14 feet; 4-15 THENCE, South 05 25' 46" East, a distance of 797.63 feet; 4-16 THENCE, 467.20 feet along the arc of a curve to the right, 4-17 having a radius of 530.08 feet, a central angle of 50 30' 00" and 4-18 a chord which bears South 19 49' 14" West, a distance of 452.23 4-19 feet; 4-20 THENCE, South 45 04' 14" West, a distance of 242.46 feet to 4-21 a point lying on the northeasterly right-of-way line of U.S. 4-22 Interstate Highway No. 10; 4-23 THENCE, North 43 59' 48" West, along said right-of-way line, 4-24 a distance of 223.38 feet to a found 4"x4" concrete right-of-way 4-25 monument; 5-1 THENCE, South 45 57' 23" West, continuing along said 5-2 right-of-way line, a distance of 50.27 feet to a found 4"x4" 5-3 concrete right-of-way monument; 5-4 THENCE, North 43 59' 48" West, continuing along said 5-5 right-of-way line, a distance of 982.80 feet; 5-6 THENCE, North 46 00' 12" East, a distance of 1355.35 feet to 5-7 the TRUE POINT OF BEGINNING of this description; 5-8 SAVE AND EXCEPT Tract 3E, O.A. Danielson Survey No. 316 5-9 containing 0.500 acres (21,780 sq. ft.) according to the metes and 5-10 bounds description recorded in Book 720, Page 956, Deed Records, El 5-11 Paso County, Texas, said parcel of land contains 26.720 acres 5-12 (1,163,935 sq. ft.) of land more or less. 5-13 SECTION 4. RIGHTS OF BONDHOLDERS. The disannexation of land 5-14 validated by this Act does not diminish or impair the rights of the 5-15 holders of any outstanding and unpaid bonds, warrants, or other 5-16 certificates of indebtedness of the district at the time of the 5-17 purported disannexation validated by this Act. 5-18 SECTION 5. APPORTIONMENT OF DISTRICT INDEBTEDNESS. (a) The 5-19 disannexed land is not released from the payment of its pro rata 5-20 share of the district's outstanding indebtedness at the time of the 5-21 purported disannexation validated by this Act. 5-22 (b) The district shall continue to levy and collect taxes 5-23 each year on the property disannexed from the district at a rate 5-24 necessary for the disannexed land to pay its pro rata share of the 5-25 outstanding indebtedness of the district at the time of the 6-1 purported disannexation validated by this Act. 6-2 SECTION 6. LEGISLATIVE FINDING. The legislature finds that 6-3 the disannexed land is not and has never been provided with any 6-4 services by the district and that the disannexed land in all 6-5 likelihood will never be provided with any services by the district 6-6 because the land in all probability will be annexed into the city 6-7 limits of the City of El Paso and provided with water, sewer, and 6-8 drainage services by the City of El Paso and its agencies. 6-9 Therefore, to retain the disannexed land within the boundaries of 6-10 the district and subject it to the district's taxing power would be 6-11 arbitrary and unnecessary to conserve the public welfare, would 6-12 impair and destroy the value of the land, and would constitute the 6-13 arbitrary imposition of a confiscatory burden, and the 6-14 disannexation of the tracts described in Section 3 of this Act is 6-15 therefore validated. 6-16 SECTION 7. PENDING LITIGATION. This Act does not apply to 6-17 or affect litigation pending on the effective date of this Act in 6-18 any court of competent jurisdiction in this state to which the 6-19 district is a party. 6-20 SECTION 8. EMERGENCY. The importance of this legislation 6-21 and the crowded condition of the calendars in both houses create an 6-22 emergency and an imperative public necessity that the 6-23 constitutional rule requiring bills to be read on three several 6-24 days in each house be suspended, and this rule is hereby suspended, 6-25 and that this Act take effect and be in force from and after its 7-1 passage, and it is so enacted.