77R12075 QS-F
By Green H.B. No. 3641
Substitute the following for H.B. No. 3641:
By Counts C.S.H.B. No. 3641
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Hays County Water Control and
1-4 Improvement District No. 3.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Hays County Water Control and
1-8 Improvement District No. 3, is created in Hays County, Texas,
1-9 subject to voter approval at a confirmation election as provided in
1-10 Section 9 of this Act. The district is a governmental agency and a
1-11 body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Hays County Water Control and Improvement District No. 3.
1-17 SECTION 3. BOUNDARIES. The district includes the territory
1-18 contained within the following area:
1-19 A 2724.144 acre tract of land out of the Seaborn J. Watley
1-20 Survey No. 22, the Gregorio Esparza Survey File No. D-762, the B.F.
1-21 Cady Survey File No. P-68, the Thomas F. Gray Survey No. 11, the
1-22 John A. Miller Survey File No. 3-842, and the John Woodruff Survey
1-23 File No. 1-476, Hays County, Texas, being a portion of that certain
1-24 tract, described as First Tract, conveyed to Michael Giles
2-1 Rutherford by deed recorded in Volume 197, Page 45 of the Deed
2-2 Records of Hays County, Texas, and that 700.00 acre tract described
2-3 as Second Tract, conveyed to Michael G. Rutherford by deed also
2-4 recorded in Volume 197, Page 45 of the said Deed Records; the said
2-5 2724.144 acre tract is more particularly described by metes and
2-6 bounds as follows:
2-7 BEGINNING at a fence corner post found for the southeast
2-8 corner of Lot 52, Goldenwood, Section II, a subdivision recorded in
2-9 Book 2, Pages 263 and 264 of the Plat Records of Hays County,
2-10 Texas, being an ell corner in the northerly line of the remainder
2-11 of the said Michael Giles Rutherford First Tract;
2-12 THENCE, N01 00'49"W, with the common line between the said
2-13 Michael Giles Rutherford First Tract and Goldenwood, Section II, at
2-14 539.10 feet past a 5/8" iron rod found 0.11 feet to the right for
2-15 the common corner of Lot 52 and Lot 51, at 1013.56 feet past a 5/8"
2-16 iron rod found for the common corner of Lot 51, Lot 50 and Lot 48,
2-17 for a total distance of 1368.14 feet to a 5/8" iron rod found for
2-18 the northeast corner of Lot 48, Goldenwood, Section II, being the
2-19 southeast corner of Lot 76, Resubdivision of Lots 46 and 47,
2-20 Goldenwood, Section II, a subdivision recorded in Book 2, Page 276
2-21 of the said Plat Records;
2-22 THENCE, N01 02'10"W, continuing with a westerly line of the
2-23 said Michael Giles Rutherford First Tract, at 1083.71 feet past a
2-24 1/2" iron rod found for the northeast corner of Lot 75,
2-25 Resubdivision of Lots 46 & 47, Goldenwood, Section II, being the
2-26 most easterly corner of Lot 44 and southeast corner of Lot 43,
2-27 Goldenwood, Section II, at 1483.59 feet past a 5/8" iron rod found
3-1 for the common corner of Lot 43 and Lot 42, Goldenwood, Section II,
3-2 at 1623.17 feet past a 1/2" iron rod found 1.37 feet to the left,
3-3 at 1813.60 feet past a 5/8" iron rod found 0.18 feet to the left
3-4 for the common corner of Lot 42 and Lot 41, Goldenwood, Section II,
3-5 at 3174.94 feet past a fence corner post found 0.39 feet to the
3-6 right for the northeast corner of Lot 40, Goldenwood, Section II,
3-7 being the southeast corner of Lot 9, Goldenwood, Section I, a
3-8 subdivision recorded in Book 2, Pages 249 and 250 of the said Plat
3-9 Records, for a total distance of 3401.62 feet to a 5/8" iron rod
3-10 found for the northeast corner of Lot 9, Goldenwood, Section I,
3-11 being the southeast corner of that 116.76 acre tract conveyed to
3-12 Constance C. Austin, by deed recorded in Volume 1069, Page 698 of
3-13 the said Deed Records;
3-14 THENCE, N01 02'13"W, leaving the said northerly line of Lot
3-15 9, Goldenwood, Section I, with the common line between the Michael
3-16 Giles Rutherford First Tract and the 116.76 acre tract, 2795.91
3-17 feet to a 1/2" iron rod found for the northeast corner of the said
3-18 116.76 acre tract, being a southeast corner of that 172.310 acre
3-19 tract conveyed to the Church of the International Society of Divine
3-20 Love by deed recorded in Volume 834, Page 452 of the said Deed
3-21 Records;
3-22 THENCE, N28 57'51"E, leaving the northerly line of the said
3-23 116.76 acre tract, with the common line between the said Michael
3-24 Giles Rutherford First Tract and the 172.310 acre tract, 592.76
3-25 feet to a 1/2" iron rod found 0.48 feet to the right for an
3-26 easterly corner of the aforesaid 172.310 acre tract, being the
3-27 southwest corner of Lot 16, Bear Creek Estates, Section Two, a
4-1 subdivision recorded in Book 2, Pages 199 and 200 of the said Plat
4-2 Records;
4-3 THENCE, N88 27'02"E, leaving the easterly line of the said
4-4 172.310 acre tract, with the common line between the said Michael
4-5 Giles Rutherford First Tract and Bear Creek Estates, Section Two,
4-6 at 302.79 feet past a 1/2" iron rod found 0.35 feet to the right
4-7 for the common corner of Lot 16 and Lot 17, at 535.74 feet past a
4-8 1/2" rod found for the common corner of Lot 17 and Lot 18, at
4-9 750.53 feet past a 1/2" iron rod found 0.13 feet to the right for
4-10 the common corner of Lot 18 and Lot 19, at 1055.38 feet past a 1/2"
4-11 iron rod found 0.12 feet to the right for the common corner of Lot
4-12 19 and Lot 21, at 1454.87 feet past a 1/2" iron rod found 0.20 feet
4-13 to the right for the southeast corner of said Lot 21, being a point
4-14 on the southerly right-of-way line of Crosscreek Drive
4-15 (right-of-way varies), as dedicated by plat in Book 2, Pages 199
4-16 and 200 of the said Plat Records, at 2173.39 feet past a 1/2" iron
4-17 rod found on the said southerly right-of-way line of Crosscreek
4-18 Drive, being the southwest corner of Lot 32, for a total distance
4-19 of 3373.50 feet to a 5/8" iron rod found for the common corner of
4-20 Lot 36 and Lot 37, Bear Creek Estates, being an ell corner in the
4-21 west line of that 189.00 acre tract conveyed to Krasovek-Reunion
4-22 Hays County Joint Venture by deed recorded in Volume 871, Page 411
4-23 of the said Deed Records;
4-24 THENCE, leaving the southerly line of said Bear Creek
4-25 Estates, with the common line between the Michael Giles Rutherford
4-26 First Tract and the 189.00 acre tract for the following two (2)
4-27 courses:
5-1 1) S01 29'17"E, 1601.90 feet to a 1/2" iron rod with plastic
5-2 cap stamped "Capital Surveying Co., Inc." found for an angle point;
5-3 2) N87 57'43"E, 2815.00 feet to a 1/2" iron rod found for
5-4 the southeast corner of the said 189.00 acre tract;
5-5 THENCE, N87 41'34"E, continuing with the northerly line of
5-6 the said Michael Giles Rutherford First Tract, at 1.95 feet past a
5-7 1/2" iron rod found 0.16 feet to the right for the southwest corner
5-8 of that 192.712 acre tract conveyed to Krasovek-Reunion Hays County
5-9 Joint Venture by deed recorded in Volume 871, Page 445, of the said
5-10 Deed Records, for a total distance of 398.43 feet to a 1/2" iron
5-11 rod found for an angle point;
5-12 THENCE, N87 58'58"E, continuing with the northerly line of
5-13 the said Michael Giles Rutherford First Tract, at 1422.00 feet past
5-14 a 1/2" iron rod found 0.26 feet to the left for the southeast
5-15 corner of the said 192.712 acre tract, for a total distance of
5-16 1441.78 feet to a 1/2" iron rod found for the northeast corner of
5-17 the aforesaid Michael Giles Rutherford First Tract, being a point
5-18 in the westerly line of that 1325.0 acre tract conveyed to the City
5-19 of Austin by deed recorded in Volume 1473, Page 961 of the said
5-20 Deed Records;
5-21 THENCE, with the common line between the said Michael Giles
5-22 Rutherford First Tract and the 1325.0 acre tract for the following
5-23 five (5) courses:
5-24 1) S01 11'56"E, at 486.52 feet past a 1/2" iron rod found
5-25 0.20 feet to the left, at 1467.11 feet past a 1/2" iron rod found
5-26 0.38 feet to the left, at 1625.16 feet past a 1/2" iron rod found
5-27 0.42 feet to the left, at 2375.41 feet past a 1/2" iron rod found,
6-1 at 2669.62 feet past a 1/2" iron rod found, at 3021.74 feet past a
6-2 1/2" iron rod found 0.27 feet to the left, for a total distance of
6-3 3316.24 feet to a 1/2" iron rod found for an angle point;
6-4 2) S02 10'31"E, at 260.76 feet past a 60d nail in fence post
6-5 found 0.16 feet to the left, at 609.05 feet past a 60d nail in
6-6 fence post found, at 989.19 feet past a 1/2" iron rod found 0.20
6-7 feet to the right, at 1360.85 feet past a 1/2" iron rod found 0.41
6-8 feet to the right, at 1554.32 feet past a 1/2" iron rod found 0.19
6-9 feet to the right, for a total distance of 1837.39 feet to a 1/2"
6-10 iron rod found an angle point;
6-11 3) S02 04'23"E, at 695.24 feet past a 1/2" iron rod found
6-12 0.83 feet to the left, for a total distance of 1226.11 feet to a
6-13 1/2" iron rod found for an angle point;
6-14 4) S01 45'27"E, 318.33 feet to a 1/2" iron rod found for an
6-15 angle point;
6-16 5) S01 28'07"E, at 680.57 feet past a 1/2" iron rod found
6-17 0.68 feet to the right, at 1395.20 feet past a 1/2" iron rod found
6-18 0.48 feet to the right, for a total distance of 1667.03 feet to a
6-19 60d nail found in a fence corner post for an ell corner of the said
6-20 Michael Giles Rutherford First Tract, being the southwest corner of
6-21 the said 1325.0 acre tract, the northeast corner of the said 700
6-22 acre Second Tract, and the northwest corner of that 569.64 acre
6-23 tract conveyed to D. L. West by deed recorded in Volume 389, Page
6-24 510 of the said Deed Records;
6-25 THENCE, leaving the said Michael Giles Rutherford First Tract
6-26 and the 1325.0 acre tract, with the common line between the said
6-27 700 acre Second Tract and the 569.64 acre tract for the following
7-1 five (5) courses:
7-2 1) S00 48'58"E, 874.11 feet to a fence corner post found for
7-3 an angle point;
7-4 2) S00 41'15"E, 1069.83 feet to a 1/2" iron rod found for an
7-5 angle point;
7-6 3) S00 50'03"E, 1072.92 feet to a 1/2" iron rod found for an
7-7 angle point;
7-8 4) S00 21'31"E, 2041.59 feet to a 1/2" iron rod found for an
7-9 angle point;
7-10 5) S01 12'59"E, 381.32 feet to a fence corner post found for
7-11 the southwest corner of the said 569.64 acre tract, being the
7-12 northwest corner of the remainder of that 1201.23 acre tract
7-13 conveyed to Michael G. Rutherford by deed recorded in Volume 192,
7-14 Page 178 of the said Deed Records;
7-15 THENCE, S88 36'55"W, leaving the west line of the said 569.64
7-16 acre tract and the remainder of the said 1201.23 acre tract, across
7-17 the 700 acre Second Tract and the Michael Giles Rutherford First
7-18 Tract, 5376.30 feet to a 1/2" iron rod with plastic cap stamped
7-19 "Capital Surveying Co., Inc." set on the southerly line of the said
7-20 Michael Giles Rutherford First Tract, being on the northerly
7-21 right-of-way line of State Highway FM 967 (80.00' right-of-way),
7-22 from which a 1/2" iron rod with plastic cap stamped "Capital
7-23 Surveying Co., Inc." found 40.00 feet right of State Highway
7-24 centerline station 374+41.8, bears S43 07'47"E, 3631.24 feet;
7-25 THENCE, with the common line between the said Michael Giles
7-26 Rutherford First Tract and the northerly right-of-way line of State
7-27 Highway FM 967 for the following three (3) courses:
8-1 1) N43 07'47"W, 2522.95 feet to a TxDOT concrete highway
8-2 monument found for the point of curvature of a non-tangent curve to
8-3 the left, being 40.00 feet right of State Highway centerline
8-4 station 435+95.1;
8-5 2) With the said curve to the left having a central angle of
8-6 15 30'21", a radius of 1949.86 feet, a chord distance of 526.08
8-7 feet (chord bears N50 52'40"W), for an arc distance of 527.69 feet
8-8 to a TxDOT concrete monument found for the point of non-tangency,
8-9 being 40.00 feet right of State Highway centerline station
8-10 441+11.8;
8-11 3) N58 34'41"W, 1264.94 feet to a TxDOT concrete highway
8-12 monument found for the point of curvature of a curve to the left,
8-13 being 40.00 feet right of State Highway centerline station
8-14 453+77.6;
8-15 4) With the said curve to the left having a central angle of
8-16 11 38'46", a radius of 1949.86 feet, a chord distance of 395.65
8-17 feet (chord bears N64 24'02"W), for an arc distance of 396.33 feet
8-18 to a 1/2" iron rod with plastic cap stamped "Capital Surveying Co.,
8-19 Inc." set for the southwest corner of the herein described tract,
8-20 from which a TxDOT concrete highway monument found for the point of
8-21 non-tangency, being 40.00 feet right of State Highway centerline
8-22 station 464+44.3 bears N80 25'19"W, a chord distance of 690.46
8-23 feet;
8-24 THENCE, N01 02'37"W, leaving the northerly right-of-way line
8-25 of State Highway FM 967, across the said Michael Giles Rutherford
8-26 First Tract, 4185.44 feet to a 1/2" iron rod with plastic cap
8-27 stamped "Capital Surveying Co., Inc." set for the northwest corner
9-1 of the herein described tract, being on the northerly line of the
9-2 aforesaid First Tract and a point on the southerly line of Lot 53,
9-3 Goldenwood, Section II, from which a fence corner post found in the
9-4 south line of Lot 61, Goldenwood, Section II bears S88 25'41"W,
9-5 1748.06 feet;
9-6 THENCE, with the common line between the said Michael Giles
9-7 Rutherford First Tract and Goldenwood, Section II, for the
9-8 following two (2) courses:
9-9 1) N88 25'41"E, 146.24 feet to a fence corner post found for
9-10 an angle point;
9-11 2) S89 46'51"E, at 189.75 feet past a 5/8" iron rod found
9-12 0.11 feet to the right for the common corner of Lot 53 and Lot 52,
9-13 for a total distance of 359.40 feet to the PLACE OF BEGINNING,
9-14 CONTAINING within these metes and bounds 2724.144 acres of land
9-15 area.
9-16 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
9-17 finds that the boundaries and field notes of the district form one
9-18 or more closures. A mistake in the field notes or in copying the
9-19 field notes in the legislative process does not affect the
9-20 organization, existence, or validity of the district, the right of
9-21 the district to levy and collect taxes, or the legality or
9-22 operation of the district or its governing body.
9-23 SECTION 5. FINDING OF BENEFIT. All of the land and other
9-24 property included within the boundaries of the district will be
9-25 benefited by the works and projects that are to be accomplished by
9-26 the district under the powers conferred by Section 59, Article XVI,
9-27 Texas Constitution. The district is created to serve a public use
10-1 and benefit.
10-2 SECTION 6. POWERS. (a) The district has all of the rights,
10-3 powers, privileges, authority, functions, and duties provided by
10-4 the general law of this state, including Chapters 49 and 51, Water
10-5 Code, applicable to water control and improvement districts created
10-6 under Section 59, Article XVI, Texas Constitution. This Act
10-7 prevails over any provision of general law that is in conflict or
10-8 inconsistent with this Act.
10-9 (b) The rights, powers, privileges, authority, functions,
10-10 and duties of the district are subject to the continuing right of
10-11 supervision of the state to be exercised by and through the Texas
10-12 Natural Resource Conservation Commission.
10-13 (c) The district created under this Act is wholly located
10-14 within the extraterritorial jurisdiction of the City of Dripping
10-15 Springs and is subject to the requirements of municipal ordinances
10-16 applicable to extraterritorial areas, unless the municipality's
10-17 governing body waives compliance.
10-18 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
10-19 by a board of five directors.
10-20 (b) Temporary directors serve until initial directors are
10-21 elected under Section 9 of this Act.
10-22 (c) Initial directors serve until permanent directors are
10-23 elected under Section 10 of this Act.
10-24 (d) Permanent directors serve staggered four-year terms.
10-25 (e) Each director must qualify to serve as director in the
10-26 manner provided by Section 49.055, Water Code.
10-27 (f) A director serves until the director's successor has
11-1 qualified.
11-2 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
11-3 directors consists of:
11-4 (1) Terry Gilmore;
11-5 (2) Gerald Hill;
11-6 (3) Ken Bacon;
11-7 (4) Bill Cunningham; and
11-8 (5) Clovis Barker.
11-9 (b) If a temporary director fails to qualify for office, the
11-10 temporary directors who have qualified shall appoint a person to
11-11 fill the vacancy. If at any time there are fewer than three
11-12 qualified temporary directors, the Texas Natural Resource
11-13 Conservation Commission shall appoint the necessary number of
11-14 persons to fill all vacancies on the board.
11-15 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The
11-16 temporary board of directors shall call and hold an election to
11-17 confirm establishment of the district and to elect five initial
11-18 directors as provided by Chapter 49, Water Code.
11-19 SECTION 10. ELECTION OF DIRECTORS. (a) On the first Saturday
11-20 in May of the first even-numbered year occurring at least three
11-21 years after the year in which the district is authorized to be
11-22 created at a confirmation election, an election shall be held in
11-23 the district for the election of two directors to serve two-year
11-24 terms and three directors to serve four-year terms.
11-25 (b) On the first Saturday in May of each subsequent second
11-26 year following the election, the appropriate number of directors
11-27 shall be elected.
12-1 SECTION 11. DIVISION. The district will constitute an
12-2 original district for purposes of Section 51.748, Water Code, and
12-3 is authorized to divide into two or more districts following the
12-4 procedure set forth in Sections 51.749 through 51.758, Water Code,
12-5 without the consent of any municipality.
12-6 SECTION 12. DEVELOPMENT AGREEMENT. (a) The district, or the
12-7 owners of the land within the district, may enter into a written
12-8 contract with a municipality within the extraterritorial
12-9 jurisdiction of which the district is located in whole or in part:
12-10 (1) to guarantee the continuation of the
12-11 extraterritorial status of the district and its immunity from
12-12 annexation by the municipality for a period not to exceed 25 years;
12-13 and
12-14 (2) to regulate development within the boundaries of
12-15 the district in a manner that the parties agree will further the
12-16 health, safety, and welfare of the residents of the district.
12-17 (b) A contract under Subsection (a) may:
12-18 (1) contain other terms and consideration that the
12-19 district and the municipality agree to be reasonable and
12-20 appropriate; and
12-21 (2) be renewed or extended for successive periods not
12-22 to exceed 15 years.
12-23 (c) A municipality may contract with the district or the
12-24 owners of the land within the district to accomplish the purposes
12-25 described by Subsection (a)(1).
12-26 SECTION 13. PAYMENT OF EXPENSES. In addition to the payment
12-27 of any expenses authorized under Section 49.155, Water Code, or
13-1 other applicable law, the district may pay out of bond proceeds or
13-2 other available funds of the district all expenses associated with
13-3 assuring the protection of threatened or endangered species as
13-4 provided by formal or informal consultations under Section 7 of the
13-5 federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et
13-6 seq.), or permits issued under Section 10(a) of that Act, and the
13-7 expenses associated with dedicating land as a water quality buffer.
13-8 SECTION 14. APPLICABLE REGULATIONS. The district, a
13-9 municipality within the extraterritorial jurisdiction of which the
13-10 district is located in whole or in part, and the county in which
13-11 the district is located may enter into a written contract that
13-12 specifies the development regulations applicable to the land within
13-13 the district. A county may enter into a written contract that
13-14 specifies that the municipality's development regulations and
13-15 development approval processes apply to the land within the
13-16 district and that review or approval by the county of any
13-17 development permit, plat, or other application is not required.
13-18 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
13-19 The proper and legal notice of the intention to introduce this Act,
13-20 setting forth the general substance of this Act, has been published
13-21 as provided by law, and the notice and a copy of this Act have been
13-22 furnished to all persons, agencies, officials, or entities to which
13-23 they are required to be furnished by the constitution and other
13-24 laws of this state, including the governor, who has submitted the
13-25 notice and the Act to the Texas Natural Resource Conservation
13-26 Commission.
13-27 (b) The Texas Natural Resource Conservation Commission has
14-1 filed its recommendations relating to this Act with the governor,
14-2 lieutenant governor, and speaker of the house of representatives
14-3 within the required time.
14-4 (c) All requirements of the constitution and laws of this
14-5 state and of the rules and procedures of the legislature with
14-6 respect to the notice, introduction, and passage of this Act are
14-7 fulfilled and accomplished.
14-8 SECTION 16. EFFECTIVE DATE. This Act takes effect
14-9 immediately if it receives a vote of two-thirds of all the members
14-10 elected to each house, as provided by Section 39, Article III,
14-11 Texas Constitution. If this Act does not receive the vote
14-12 necessary for immediate effect, this Act takes effect September 1,
14-13 2001.