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.
3-19 * * * * *