S.B. No. 1709
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.