By: Shapleigh S.B. No. 1830
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 Town of Clint by the Lower Valley
1-2 Water District in El Paso County, and declaring an emergency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The legislature finds that:
1-5 (1) the Town of Clint in El Paso County does not own
1-6 or operate a municipal water or wastewater system;
1-7 (2) within the boundaries of the Town of Clint the
1-8 only water distribution system is operated by the Clint Independent
1-9 School District, and although this distribution system serves some
1-10 of the residents of the Town of Clint, it does not serve all the
1-11 residents of the Town of Clint;
1-12 (3) the Trustees of the Clint Independent School
1-13 District have expressed the desire to dispose of the transmission
1-14 line known as the Clint Line which it owns and to dispose of the
1-15 water distribution system which the school district operates by
1-16 selling the Clint Line and whatever interest it has in the
1-17 distribution system within the Town of Clint to the Lower Valley
1-18 Water District hereinafter called "district";
1-19 (4) the district completely surrounds the Town of
1-20 Clint but the Town of Clint is not currently within the boundaries
1-21 of the district;
2-1 (5) the district is constructing a major water
2-2 distribution project and a wastewater collection project to serve
2-3 areas in and around the Town of Clint which, if extended, could
2-4 conveniently serve the residents of the Town of Clint;
2-5 (6) the Town Council of the Town of Clint has passed a
2-6 resolution expressing a desire that the district annex the Town of
2-7 Clint so that the district's water and wastewater system might be
2-8 extended to serve the residents of the Town of Clint;
2-9 (7) due to the unique circumstances, the provisions of
2-10 Section 54.016, Water Code, and Section 42.042, Local Government
2-11 Code, should not apply to the annexation of the Town of Clint by
2-12 the district.
2-13 SECTION 2. There is hereby added to, and there shall hereby
2-14 become a part of the district, the following described land: That
2-15 territory within the corporate limits of the Town of Clint, which
2-16 is a tract of land located in the San Elizario Grant, El Paso
2-17 County, Texas more particularly described as follows:
2-18 Beginning at the Western most corner of Tract 17B, Block 22,
2-19 San Elizario Grant;
2-20 Thence in a Northerly direction along the Northerly line of
2-21 said Tract 17B, to the West side of the Mesa Drain;
2-22 Thence in a Northerly direction along the West side of the
2-23 Mesa Drain to the South right-of-way line of North Loop Road;
2-24 Thence in a Southeasterly direction along the South
2-25 right-of-way line of North Loop Road to its intersection with the
3-1 North right-of-way line of Celum Road;
3-2 Thence in a Southwesterly direction along the North
3-3 right-of-way line of Celum Road to its intersection with the West
3-4 side of the Clint Lateral;
3-5 Thence along the West side of the Clint Lateral in a
3-6 Southerly direction to the North property line of Tract 4G, Block
3-7 11;
3-8 Thence along Tract 4G in a Westerly direction to the
3-9 intersection of the West right-of-way line of Herring Road and an
3-10 extension of said Tract 4G;
3-11 Thence along the West right-of-way line of Herring Road in a
3-12 Southwesterly direction to its intersection with the East line of
3-13 the Middle Drain;
3-14 Thence along said East line of the Middle Drain to the
3-15 intersection of its extension with the North right-of-way line of
3-16 the Clint-San Elizario Road;
3-17 Thence along said Clint-San Elizario Road to the Southern
3-18 most corner of Tract 2D6, Block 19, San Elizario Grant;
3-19 Thence Northerly along said Tract 2D6 and 2D and 2D10 to a
3-20 point where 2D10 intersects Tract 5C;
3-21 Thence in a Westerly direction along the North line of Tract
3-22 3, Block 19 of the San Elizario Grant to a point where Tract 3,
3-23 Block 19, San Elizario Grant meets the East right-of-way line of
3-24 the Rodriquena Lateral;
3-25 Thence along the East right-of-way line of the meanders of
4-1 the Rodriquena Lateral in a Northerly direction to its intersection
4-2 with a corner of Tracts 7 & 8A, Block 19, San Elizario Grant;
4-3 Thence Easterly, Northerly and Westerly along a common
4-4 boundary line between Tracts 7 & 8A, Block 19, San Elizario Grant
4-5 to its intersection with the East right-of-way line of the
4-6 Rodriquena Lateral;
4-7 Thence along said East right-of-way of Rodriquena Lateral in
4-8 a Northerly direction to the South right-of-way line of Rosa Road;
4-9 Thence along the South right-of-way line of Rosa Road to the
4-10 West right-of-way line of the Clint Lateral;
4-11 Thence along the meanders of the West right-of-way line of
4-12 the Clint Lateral to the Northerly most line of Tract 18B, Block
4-13 22, San Elizario Grant;
4-14 Thence along the Northerly most line of Tract 18B, Block 22,
4-15 San Elizario Grant to the Salatral Lateral;
4-16 Thence along the East right-of-way line of said Salatral
4-17 Lateral to the point of beginning.
4-18 SECTION 3. It is expressly determined, and the Legislature
4-19 hereby finds, that the boundaries of said district as redefined in
4-20 Section 2 hereof form a closure, and if any mistake is made in
4-21 copying the field notes in the legislative process, or otherwise a
4-22 mistake is found to have occurred in the field notes, it shall in
4-23 no way or manner affect the organization, existence or validity of
4-24 said district as enlarged and redefined, or the district's right to
4-25 issue bonds or refunding bonds, or to pay the principal and
5-1 interest thereon, or the right to assess, levy and collect taxes,
5-2 or in any other manner affect the legality or operation of the
5-3 district or its governing body.
5-4 SECTION 4. It is determined and found that the land added
5-5 herein to the district, the original area of the district, and all
5-6 of the land and other property included within the area and
5-7 boundaries of the district as herein enlarged will be benefitted by
5-8 the works and projects which are to be accomplished by the district
5-9 pursuant to the powers conferred by the provisions of Article XVI,
5-10 Section 59, of the Constitution of Texas, and that said district
5-11 was and is created and enlarged as herein provided, to serve a
5-12 public use and benefit.
5-13 SECTION 5. The annexation of the Town of Clint by the
5-14 district shall not be effective and final unless and until all the
5-15 following contingencies are met:
5-16 (a) The governing body of the Town of Clint must give its
5-17 consent to the annexation by ordinance or resolution.
5-18 (b) The Town of Clint must order an election to be held
5-19 within the Town of Clint on the question of the assumption by the
5-20 voters residing within the Town of Clint of the district's
5-21 outstanding bonds, notes, taxes, or other obligations and voted but
5-22 unissued bonds, and the said election must result favorably to the
5-23 assumption of the district's outstanding bonds, notes, or other
5-24 obligations and voted but unissued bonds. The election shall be
5-25 held and notice given as provided for bond elections held by the
6-1 district.
6-2 (c) The district must purchase the Clint water transmission
6-3 line owned by the Clint Independent School District and whatever
6-4 interest the Clint Independent School District owns in the water
6-5 service and distribution facilities within the limits of the Town
6-6 of Clint. However, at the option of the district, the purchase and
6-7 conveyance of the said water service facilities may be contingent
6-8 on the favorable outcome of the indebtedness, tax or bond, note, or
6-9 other obligation assumption election, and contingent upon the
6-10 distribution system meeting Texas Natural Resource Conservation
6-11 Commission standards.
6-12 (d) Any existing water supply contract and other contractual
6-13 arrangements between the Clint Independent School District and the
6-14 City of El Paso's Water Utilities Public Service Board must be
6-15 terminated as of the effective date of this annexation and, if
6-16 necessary, replaced with an appropriate wholesale water supply
6-17 contractual agreement between the district and the City of El
6-18 Paso's Water Utilities Public Service Board to provide for water to
6-19 be provided to the annexed areas by the district.
6-20 (e) The district must have completed the construction of the
6-21 necessary facilities and have an adequate water capacity and
6-22 pressures to provide the annexed territory with service in
6-23 accordance with the regulatory requirements of the Texas Natural
6-24 Resource Conservation Commission.
6-25 (f) After the contingencies set forth in Subsections (a)
7-1 through (e) have been satisfied, the board of directors of the
7-2 district shall notify the executive director of the Texas Natural
7-3 Resource Conservation Commission to that effect and request that an
7-4 order of annexation be issued. After investigation, and upon
7-5 determining that all the foregoing contingencies have been
7-6 satisfied, the executive director of the commission shall issue an
7-7 order to this effect and finding that the annexation is effective.
7-8 The executive director of the commission shall file with the
7-9 secretary of state and in the deed records of El Paso County a
7-10 certified copy of the order issued under this section, and the
7-11 annexation will be effective as of the date of the filing of this
7-12 order. The consideration and adoption of an order under this
7-13 section is not a contested case under Chapter 2001, Government
7-14 Code.
7-15 SECTION 6. If the indebtedness, tax or bond, note, or other
7-16 obligation assumption election results favorably, the district
7-17 shall be authorized to issue its voted but unissued tax bonds even
7-18 though the boundaries of the district have been changed since the
7-19 original election approving the bonds.
7-20 SECTION 7. (a) The proper and legal notice of the intention
7-21 to introduce this Act, setting forth the general substance of the
7-22 Act, has been published as provided by law, and the notice and a
7-23 copy of this Act have been furnished to all persons, agencies,
7-24 officials, or entities to which they are required to be furnished
7-25 by the constitution and other laws of this state, including the
8-1 governor, who has submitted the notice and Act to the Texas Natural
8-2 Resource Conservation Commission.
8-3 (b) The Texas Natural Resource Conservation Commission has
8-4 filed its recommendations relating to this Act with the governor,
8-5 lieutenant governor, and speaker of the house of representatives
8-6 within the required time.
8-7 (c) All requirements of the constitution and laws of this
8-8 state and the rules and procedures of the legislature with respect
8-9 to the notice, introduction, and passage of this Act are fulfilled
8-10 and accomplished.
8-11 SECTION 8. The land described in Section 2 hereof is hereby
8-12 added to the district notwithstanding any of the provisions of
8-13 Section 42.042, Local Government Code, Section 54.016, Water Code,
8-14 or any other provision of law, and said provisions shall have no
8-15 application.
8-16 SECTION 9. If any provision of this Act shall, for any
8-17 reason, be held invalid, such holding shall not affect the
8-18 remaining portion of this Act, and this Act shall be given a
8-19 liberal and broad construction in order that the expressed
8-20 objectives of the Act may be carried out.
8-21 SECTION 10. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.