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.