By: Shapleigh S.B. No. 1829
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the annexation of the territory of the San Elizario
1-2 Grant Municipal Utility District by the Lower Valley Water District
1-3 in El Paso County, the dissolution of the San Elizario Grant
1-4 Municipal Utility District, and declaring an emergency.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The legislature finds that:
1-7 (1) the Lower Valley Water District is a large
1-8 municipal utility district (hereinafter referred to as the
1-9 "district"), the territory of which covers almost one-quarter of
1-10 the southeastern portion of El Paso County;
1-11 (2) the San Elizario Grant Municipal Utility District
1-12 (hereinafter referred to as "SEGMUD") is a small debt-free
1-13 municipal utility district consisting of 1754.86 acres more or less
1-14 which is completely surrounded by the district;
1-15 (3) the district is expanding its water and wastewater
1-16 system to serve the San Elizario area of El Paso County and will
1-17 soon be in a position to serve the residents within SEGMUD;
1-18 (4) SEGMUD has been providing water service within its
1-19 boundaries under a water supply contract with the El Paso County
1-20 Water Control and Improvement District No. 4;
1-21 (5) the Board of Directors of SEGMUD has adopted a
2-1 resolution proposing that SEGMUD be dissolved and that the
2-2 territory comprising the district be annexed by the district and
2-3 further that SEGMUD officials and consultants be directed to work
2-4 with officials of the district to develop any necessary agreements
2-5 for this purpose;
2-6 (6) the Board of Directors of the district has adopted
2-7 a resolution supporting the proposal of the Board of Directors of
2-8 SEGMUD and directing its district officials and consultants to work
2-9 with the officials and consultants of SEGMUD to develop any
2-10 necessary agreements for this purpose;
2-11 (7) it is to the public interest for these two
2-12 municipal utility districts to consolidate by means of said
2-13 dissolution and annexation.
2-14 SECTION 2. There is hereby added to, and there shall hereby
2-15 become a part of the district, the following described land:
2-16 A tract of land located in Block Nos. 2, 5, 6, 7, 8 and 40 of
2-17 the San Elizario Grant being more particularly described as
2-18 follows:
2-19 Beginning at a point for the northwest corner of said tract located
2-20 in said Block No. 8, said point bears N3712'W, a distance of 2098.1
2-21 feet from the northeast corner of said Block No. 8;
2-22 Thence S3712'E, a distance of 11079.1 feet;
2-23 Thence S3640'E, a distance of 285.0 feet;
2-24 Thence S3518'E, a distance of 315.3 feet;
2-25 Thence S3338'E, a distance of 300.7 feet;
3-1 Thence S3158'E, a distance of 377.1 feet;
3-2 Thence S3004'E, a distance of 323.8 feet;
3-3 Thence S3919'E, a distance of 8079.6 feet;
3-4 Thence S8434'W, a distance of 332.2 feet;
3-5 Thence S5917'W, a distance of 313.6 feet;
3-6 Thence S 748'W, a distance of 437.7 feet;
3-7 Thence S 208'E, a distance of 452.7 feet;
3-8 Thence S3944'E, a distance of 180.2 feet;
3-9 Thence S5016'W, a distance of 159.9 feet;
3-10 Thence N3944'W, a distance of 1688.7 feet;
3-11 Thence N3623'W, a distance of 3249.3 feet;
3-12 Thence N5243'E, a distance of 61.50 feet;
3-13 Thence N3623'W, a distance of 1820.0 feet;
3-14 Thence N4101'W, a distance of 295.1 feet;
3-15 Thence S4859'W, a distance of 20.0 feet;
3-16 Thence N67 'W, a distance of 8.3 feet;
3-17 Thence N8030'W, a distance of 100.0 feet;
3-18 Thence S8203'W, a distance of 100.0 feet;
3-19 Thence S7300'W, a distance of 819.7 feet;
3-20 Thence S7909'W, a distance of 14.3 feet;
3-21 Thence N7806'W, a distance of 195.4 feet;
3-22 Thence N4804'W, a distance of 3987.7 feet;
3-23 Thence N4820'W, a distance of 4467.4 feet;
3-24 Thence N4823'W, a distance of 2134.0 feet;
3-25 Thence N4016'W, a distance of 2283.5 feet;
4-1 Thence S7800'E, a distance of 1353.5 feet;
4-2 Thence S7747'E, a distance of 497.9 feet;
4-3 Thence S4011'E, a distance of 40.0 feet;
4-4 Thence N4949'E, a distance of 38.5 feet;
4-5 Thence N4008'W, a distance of 44.3 feet;
4-6 Thence N4949'W, a distance of 367.8 feet;
4-7 Thence N6129'E, a distance of 370.1 feet;
4-8 Thence N4025'W, a distance of 415.2 feet;
4-9 Thence N4022'W, a distance of 2214.3 feet;
4-10 Thence N5137'E, a distance of 313.1 feet;
4-11 Thence N1420'W, a distance of 615.1 feet;
4-12 Thence N1836'W, a distance of 132.0 feet;
4-13 Thence N3716'E, a distance of 1039.7 feet;
4-14 Thence S3624'E, a distance of 1730.0 feet;
4-15 Thence N3916'E, a distance of 2417.0 feet;
4-16 to the point of beginning.
4-17 The above described tract of land contains 1754.86 acres,
4-18 more or less.
4-19 SECTION 3. It is expressly determined, and the Legislature
4-20 hereby finds, that the boundaries of said district as redefined in
4-21 Section 2 hereof form a closure, and if any mistake is made in
4-22 copying the field notes in the legislative process, or otherwise a
4-23 mistake is found to have occurred in the field notes, it shall in
4-24 no way or manner affect the organization, existence or validity of
4-25 said district as enlarged and redefined, or the district's right to
5-1 issue bonds or refunding bonds, or to pay the principal and
5-2 interest thereon, or the right to assess, levy and collect taxes,
5-3 or in any other manner affect the legality or operation of the
5-4 district or its governing body.
5-5 SECTION 4. It is determined and found that the land added
5-6 herein to the district, the original area of the district, and all
5-7 of the land and other property included within the area and
5-8 boundaries of the district as herein enlarged will be benefitted by
5-9 the works and projects which are to be accomplished by the district
5-10 pursuant to the powers conferred by the provisions of Article XVI,
5-11 section 59, of the Constitution of Texas, and that said district
5-12 was and is created and enlarged as herein provided, to serve a
5-13 public use and benefit.
5-14 SECTION 5. SEGMUD is hereby dissolved.
5-15 SECTION 6. The annexation and dissolution of SEGMUD by the
5-16 district shall not be effective and final unless and until all the
5-17 following contingencies are met:
5-18 (a) The board of directors of SEGMUD must give its consent
5-19 to the annexation and dissolution by resolution.
5-20 (b) The board of directors of SEGMUD must order an election
5-21 to be held within the boundaries of SEGMUD on the question of the
5-22 assumption of the district's outstanding bonds, notes, taxes, or
5-23 other obligations and voted but unissued bonds, and the said
5-24 election must result favorably to the assumption of the district's
5-25 outstanding bonds, notes, or other obligations and voted but
6-1 unissued bonds. The election shall be held and notice given as
6-2 provided for bond elections held by a municipal utility district.
6-3 (c) The district and SEGMUD must enter into an agreement
6-4 providing for an orderly transition of water service for SEGMUD
6-5 customers and for the transfer of SEGMUD's facilities, assets, and
6-6 liabilities, if any, to the district upon the effective date of the
6-7 dissolution and annexation of SEGMUD, and all conditions of this
6-8 agreement must be fulfilled.
6-9 (d) The district must have completed the construction of the
6-10 necessary facilities and have an adequate water capacity and
6-11 pressures to provide the annexed territory with service in
6-12 accordance with the regulatory requirements of the Texas Natural
6-13 Resource Conservation Commission.
6-14 (d) After the contingencies set forth in subsections (a)
6-15 through (d) have been satisfied, the boards of directors of SEGMUD
6-16 and the district shall notify the executive director of the Texas
6-17 Natural Resource Conservation Commission to that effect and request
6-18 that an order of dissolution and annexation be issued. After
6-19 investigation the executive director of the commission shall issue
6-20 an order of dissolution and annexation if it is determined that all
6-21 the foregoing contingencies have been met. The order shall be
6-22 filed in the land records of El Paso County, and the dissolution
6-23 and annexation shall be effective as of the date of the filing of
6-24 this order. The consideration and adoption of an order under this
6-25 section is not a constested case under Chapter 2001, Government
7-1 Code.
7-2 SECTION 7. If the indebtedness, tax or bond, note, or other
7-3 obligation assumption election results favorably, the district
7-4 shall be authorized to issue its voted but unissued tax bonds even
7-5 though the boundaries of the district have been changed since the
7-6 original election approving the bonds.
7-7 SECTION 8.
7-8 (a) The proper and legal notice of the intention to
7-9 introduce this Act, setting forth the general substance of the Act,
7-10 has been published as provided by law, and the notice and a copy of
7-11 this Act have been furnished to all persons, agencies, officials,
7-12 or entities to which they are required to be furnished by the
7-13 constitution and other laws of this state, including the governor,
7-14 who has submitted the notice and Act to the Texas Natural Resource
7-15 Conservation Commission.
7-16 (b) The Texas Natural Resource Conservation Commission has
7-17 filed its recommendations relating to this Act with the governor,
7-18 lieutenant governor, and speaker of the house of representatives
7-19 within the required time.
7-20 (c) All requirements of the constitution and laws of this
7-21 state and the rules and procedures of the legislature with respect
7-22 to the notice, introduction, and passage of this Act are fulfilled
7-23 and accomplished.
7-24 SECTION 9. Notwithstanding any other provision of law, the
7-25 order of dissolution and annexation is wholly sufficient and
8-1 effective to accomplish the dissolution of SEGMUD and the
8-2 annexation of the land described in Section 2 hereof into the
8-3 district.
8-4 SECTION 10. If any provision of this Act shall, for any
8-5 reason, be held invalid, such holding shall not affect the
8-6 remaining portion of this Act, and this Act shall be given a
8-7 liberal and broad construction in order that the expressed
8-8 objectives of the Act may be carried out.
8-9 SECTION 11. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended.