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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of territory, assets, liabilities, and |
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duties of the former Cuadrilla Improvement Corporation to the Lower |
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Valley Water District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality or, as appropriate, its predecessor, the |
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Texas Natural Resource Conservation Commission. |
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(2) "Corporation" means the Cuadrilla Improvement |
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Corporation. |
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(3) "Authority" means the Lower Valley Water District. |
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SECTION 2. FINDINGS. (a) On July 8, 1992, the County of El |
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Paso, Texas, by and through the county judge of El Paso County, |
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quitclaimed the county's right, title, and interest in and to the |
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property and any improvements to the property described by Section |
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3 of this Act, to the corporation by executing a quitclaim deed, |
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record number 009280, as recorded in the county records of El Paso |
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County. |
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(b) The El Paso Water Control and Improvement District No. 4 |
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assumed the responsibilities as temporary manager of the |
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corporation, including the provision of water and wastewater |
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services to customers of the corporation by emergency order issued |
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by the commission on September 30, 1999, and confirmed by the |
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commission on October 27, 1999. |
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(c) The corporation was involuntarily dissolved by order of |
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the secretary of state on July 18, 2007. |
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(d) The El Paso Water Control and Improvement District No. 4 |
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no longer wishes to continue providing service to the former |
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corporation's customers, and the authority is willing to provide |
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and capable of providing that service and of assuming any other |
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duties of the former corporation, provided that the authority is |
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granted any remaining assets of the former corporation, including |
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the real property and any improvements to the property described by |
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Section 3 of this Act. |
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(e) The transfer of any remaining assets of the former |
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corporation, including the real property and any improvements to |
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the property described by Section 3 of this Act, serves a public |
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purpose and benefits the land included in the transfer. |
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SECTION 3. AMENDMENT. Section 2, Chapter 780, Acts of the |
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69th Legislature, Regular Session, 1985, is amended by adding |
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Subsection (c) to read as follows: |
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(c) In addition to the territory described by Subsection (a) |
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of this section, the authority includes all of the property and any |
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improvements to the property contained in the following area: |
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Property (including any improvements): |
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Parcel No. 1 Description |
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Being a 0.245 acre parcel of land out of Tract 2C, Block 40, San |
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Elizario Grant in El Paso County, Texas and being more particularly |
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described by metes and bounds as follows to wit: |
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Beginning at the most Westerly corner of said Tract 2C, Block 40, |
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San Elizario Grant; |
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Thence, along the common line of said Tract 2C and the Cuadrilla |
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Lateral, North 70° 24' East, 80.79 feet to a point for corner; |
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Thence, continuing along said common line of said Tract 2C and the |
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Cuadrilla Lateral, North 63° 40' East, 167.05 feet to a point for |
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corner; |
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Thence, South 30° 16' East, 59.35 feet to a point for corner; |
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Thence, South 61° 24' West, 106.11 feet to a point for corner; |
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Thence, North 89° 42' West, 162.58 feet to the point of beginning and |
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containing 10,678.95 square feet or 0.245 acres of land more or |
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less. |
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Parcel No. 2 Description |
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Being a 1.355 acre parcel of land out of Tract 11-A, Block 5, San |
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Elizario Grant in El Paso County, Texas and being more particularly |
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described by metes and bounds as follows, to wit: |
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Beginning at the Northwesterly corner of said Tract 11-A, Block 5, |
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San Elizario Grant, said point also being on the East right-of-way |
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line of San Francisco Street as shown on the Cuadrilla Townsite map; |
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Thence, along the South line of the Cuadrilla Lateral, North 49° 34' |
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East, 8.30 feet to a point for corner; |
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Thence, South 89° 42' East, 235.80 feet to a point for corner; |
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Thence, North 61° 24' East, 106.11 feet to a point for corner; |
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Thence, South 30° 16' East, 127.00 feet to a point on the North |
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right-of-way line of the Cuadrilla Cut-Off Road; |
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Thence along the North right-of-way line of the Cuadrilla Cut-Off |
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Road, South 59° 44' West, 355.59 feet to the point for corner; |
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Thence, North 21° 30' West, 251.47 feet to the point of beginning and |
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containing 59,017.08 square feet or 1.355 acres of land more or |
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less. |
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SECTION 4. TRANSFER OF ASSETS AND RESPONSIBILITIES. On the |
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effective date of this Act, the authority shall assume: |
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(1) from the El Paso Water Control and Improvement |
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District No. 4, the responsibility of providing water and |
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wastewater services to the customers in the service area of the |
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former corporation; and |
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(2) the powers, duties, liabilities, and remaining |
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assets of the former corporation, including the property described |
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by Section 3 of this Act. |
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SECTION 5. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. |
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(a) The legal notice of the intention to introduce this Act, |
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setting forth the general substance of this Act, has been published |
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as provided by law, and the notice and a copy of this Act have been |
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furnished to all persons, agencies, officials, or entities to which |
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they are required to be furnished under Section 59, Article XVI, |
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Texas Constitution, and Chapter 313, Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the commission. |
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(c) The commission has filed its recommendations relating |
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to this Act with the governor, the lieutenant governor, and the |
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speaker of the house of representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |
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