1-1  By:  Rosson                                           S.B. No. 1709
    1-2        (In the Senate - Filed May 4, 1995; May 9, 1995, read first
    1-3  time and referred to Committee on Natural Resources; May 10, 1995,
    1-4  reported favorably by the following vote:  Yeas 9, Nays 0;
    1-5  May 10, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the validation of certain acts of, including the
    1-9  exclusion of land from, the El Paso County Water Authority.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  DEFINITION.  In this Act, "district" means the El
   1-12  Paso County Water Authority, also known as the El Paso County Water
   1-13  Authority Municipal Utility District.
   1-14        SECTION 2.  VALIDATION.  All resolutions, orders, and other
   1-15  acts or attempted acts of the board of directors of the district
   1-16  relating to the disannexation by the district of the tracts
   1-17  described in Section 3 of this Act and the disannexation by the
   1-18  district of those tracts are validated in all respects.  All the
   1-19  resolutions, orders, and other acts or attempted acts of the board
   1-20  of directors of the district regarding the disannexation are valid
   1-21  as though they originally had been legally authorized or
   1-22  accomplished.
   1-23        SECTION 3.  EXCLUSION OF TERRITORY.  On and after the
   1-24  effective date of this Act, the boundaries of the district are
   1-25  accordingly adjusted to exclude the following tracts:
   1-26        TRACT 1:  Being a portion of Tracts 3A and 4, O.A. Danielson
   1-27  Survey No. 316, El Paso County, Texas, and more particularly
   1-28  described by metes and bounds as follows:
   1-29        BEGINNING at a found 1" iron pipe marked "TEX. G.L.O. 1982 SW
   1-30  319" lying at the common corner of A.G. Bell Survey No. 315 112 and
   1-31  C.D. Stewart Survey Nos. 317, 318 and 319; Thence, North 9000'00"
   1-32  West, a distance of 5980.07 feet to a found 1/2" iron with cap
   1-33  marked "TX 2027" lying at the intersection of the common boundary
   1-34  line between Americas Ten Subdivision and O.A. Danielson Survey No.
   1-35  316 and the southerly right-of-way line of Rojas Drive, said point
   1-36  being the TRUE POINT OF BEGINNING of this description;
   1-37        THENCE, South 36 42' 05" West, a distance of 528.02 feet to
   1-38  a point lying generally in the center of an existing drainage way;
   1-39        THENCE, 497.37 feet along the arc of a curve to the left,
   1-40  having a radius of 353.14 feet, a central angle of 80 41' 53" and
   1-41  a chord which bears South 0338' 51" East, a distance of 457.27
   1-42  feet;
   1-43        THENCE, 93.89 feet along the arc of a curve to the right,
   1-44  having a radius of 758.13 feet, a central angle of 07 05' 44" and
   1-45  a chord which bears South 40 26' 56" East, a distance of 93.83
   1-46  feet;
   1-47        THENCE, South 46 00' 12" West, a distance of 1355.35 feet to
   1-48  a point lying on the northeasterly right-of-way line of U.S.
   1-49  Interstate Highway No. 10;
   1-50        THENCE, North 43 59' 48" West, a long said right-of-way
   1-51  line, a distance of 2010.45 feet to a set 518" iron with cap lying
   1-52  on the common boundary line between O.A.  Danielson Survey No. 316
   1-53  and Americas Ten Subdivision;
   1-54        THENCE, North 16 00' 00" East, along said boundary line, a
   1-55  distance of 464.25 feet to a set 5/8" iron with cap;
   1-56        THENCE, North 90'" 00' 00" East, continuing along said
   1-57  boundary line, a distance of 2469.14 feet to the TRUE POINT OF
   1-58  BEGINNING of this description,
   1-59        SAVE AND EXCEPT Tract 3C, O.A. Danielson Survey No. 316
   1-60  containing 0.268 acres (11,691 sq. ft.) according to the metes and
   1-61  bounds description recorded in Book 720, Page 952, Deed Records, El
   1-62  Paso County, Texas, and Tract 3G, O.A.  Danielson Survey No. 316
   1-63  containing 0.500 acres (21,780 sq. ft.) according to the metes and
   1-64  bounds description recorded in Book 720, Page 960, Deed Records, El
   1-65  Paso County, Texas, and Tract 3D, O.A. Danielson Survey No. 316
   1-66  containing 0.500 acres (21,780 sq. ft.) according to the metes and
   1-67  bounds description recorded in Book 720, Page 954, Deed Records, El
   1-68  Paso County, Texas, and Tract 3H, O.A. Danielson Survey No. 316
    2-1  containing 0.459 acres (19,981 sq. ft.)  according to the metes and
    2-2  bounds description recorded in Book 720, Page 962, Deed Records, El
    2-3  Paso County, Texas, said parcel of land contains 66.150 acres
    2-4  (2,881,482 sq. ft.) of land more or less; and
    2-5        TRACT 2:  Being a portion of Tracts 3A and 5A, O.A. Danielson
    2-6  Survey No, 36, El Paso County, Texas, and more particularly
    2-7  described by metes and bounds as follows:
    2-8        Commencing at a found 1" iron pipe marked "TEX. G.L.O. 1982
    2-9  SW 319" lying at the common corner of A.G. Bell Survey No. 315 1/2
   2-10  and C.D. Stewart Survey Nos. 317, 318 and 319; Thence, North 90
   2-11  00' 00" West, a distance of 5980.07 feet to a found 1/2" iron with
   2-12  cap marked "TX 2027" lying at the intersection of the common
   2-13  boundary line between Americas Ten Subdivision and O.A. Danielson
   2-14  Survey No. 316 and the southerly right-of-way line of Rojas Drive;
   2-15  Thence, South 36 42' 05" West, a distance of 528.02 feet; Thence,
   2-16  497.37 feet along the arc of a curve to the left, having a radius
   2-17  of 353.14 feet, a central angle of 80 41' 53" and a chord which
   2-18  bears South 03 38' 51" East, a distance of 457.27 feet; Thence,
   2-19  93.89 feet along the arc of a curve to the right, having a radius
   2-20  of 758.13 feet, a central angle of 07 05' 44" and a chord which
   2-21  bears South 40 26' 56" East, a distance of 93.83 feet to the TRUE
   2-22  POINT OF BEGINNING of this description;
   2-23        THENCE, 416.43 feet along the arc of a curve to the right,
   2-24  having a radius of 758.13 feet, a central angle of 31 28' 18" and
   2-25  a chord which bears South 21 09' 55" East, a distance of 411.21
   2-26  feet;
   2-27        THENCE, South 05 25' 46" East, a distance of 797.63 feet;
   2-28        THENCE, 467.20 feet along the arc of a curve to the right,
   2-29  having a radius of 530.08 feet, a central angle of 50 30' 00" and
   2-30  a chord which bears South 19 49' 14" West, a distance of 452.23
   2-31  feet;
   2-32        THENCE, South 45 04' 14" West, a distance of 242.46 feet to
   2-33  a point lying on the northeasterly right-of-way line of U.S.
   2-34  Interstate Highway No. 10;
   2-35        THENCE, North 43 59' 48" West, along said right-of-way line,
   2-36  a distance of 223.38 feet to a found 4"x4" concrete right-of-way
   2-37  monument;
   2-38        THENCE, South 45 57' 23" West, continuing along said
   2-39  right-of-way line, a distance of 50.27 feet to a found 4"x4"
   2-40  concrete right-of-way monument;
   2-41        THENCE, North 43 59' 48" West, continuing along said
   2-42  right-of-way line, a distance of 982.80 feet;
   2-43        THENCE, North 46 00' 12" East, a distance of 1355.35 feet to
   2-44  the TRUE POINT OF BEGINNING of this description;
   2-45        SAVE AND EXCEPT Tract 3E, O.A. Danielson Survey No. 316
   2-46  containing 0.500 acres (21,780 sq. ft.) according to the metes and
   2-47  bounds description recorded in Book 720, Page 956, Deed Records, El
   2-48  Paso County, Texas, said parcel of land contains 26.720 acres
   2-49  (1,163,935 sq. ft.) of land more or less.
   2-50        SECTION 4.  RIGHTS OF BONDHOLDERS.  The disannexation of land
   2-51  validated by this Act does not diminish or impair the rights of the
   2-52  holders of any outstanding and unpaid bonds, warrants, or other
   2-53  certificates of indebtedness of the district at the time of the
   2-54  purported disannexation validated by this Act.
   2-55        SECTION 5.  APPORTIONMENT OF DISTRICT INDEBTEDNESS.  (a)  The
   2-56  disannexed land is not released from the payment of its pro rata
   2-57  share of the district's outstanding indebtedness at the time of the
   2-58  purported disannexation validated by this Act.
   2-59        (b)  The district shall continue to levy and collect taxes
   2-60  each year on the property disannexed from the district at a rate
   2-61  necessary for the disannexed land to pay its pro rata share of the
   2-62  outstanding indebtedness of the district at the time of the
   2-63  purported disannexation validated by this Act.
   2-64        SECTION 6.  LEGISLATIVE FINDING.  The legislature finds that
   2-65  the disannexed land is not and has never been provided with any
   2-66  services by the district and that the disannexed land in all
   2-67  likelihood will never be provided with any services by the district
   2-68  because the land in all probability will be annexed into the city
   2-69  limits of the City of El Paso and provided with water, sewer, and
   2-70  drainage services by the City of El Paso and its agencies.
    3-1  Therefore, to retain the disannexed land within the boundaries of
    3-2  the district and subject it to the district's taxing power would be
    3-3  arbitrary and unnecessary to conserve the public welfare, would
    3-4  impair and destroy the value of the land, and would constitute the
    3-5  arbitrary imposition of a confiscatory burden, and the
    3-6  disannexation of the tracts described in Section 3 of this Act is
    3-7  therefore validated.
    3-8        SECTION 7.  PENDING LITIGATION.  This Act does not apply to
    3-9  or affect litigation pending on the effective date of this Act in
   3-10  any court of competent jurisdiction in this state to which the
   3-11  district is a party.
   3-12        SECTION 8.  EMERGENCY.  The importance of this legislation
   3-13  and the crowded condition of the calendars in both houses create an
   3-14  emergency and an imperative public necessity that the
   3-15  constitutional rule requiring bills to be read on three several
   3-16  days in each house be suspended, and this rule is hereby suspended,
   3-17  and that this Act take effect and be in force from and after its
   3-18  passage, and it is so enacted.
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