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.