1-1 By: Armbrister S.B. No. 1771 1-2 (In the Senate - Filed March 20, 2001; March 21, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 17, 2001, reported favorably by the following vote: Yeas 6, 1-5 Nays 0; April 17, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operation, and financing of Hays County Water Control and 1-10 Improvement District No. 3. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CREATION. (a) A conservation and reclamation 1-13 district, to be known as the Hays County Water Control and 1-14 Improvement District No. 3, is created in Hays County, Texas, 1-15 subject to voter approval at a confirmation election as provided in 1-16 Section 9 of this Act. The district is a governmental agency and a 1-17 body politic and corporate. 1-18 (b) The district is created under and is essential to 1-19 accomplish the purposes of Section 59, Article XVI, Texas 1-20 Constitution. 1-21 SECTION 2. DEFINITION. In this Act, "district" means the 1-22 Hays County Water Control and Improvement District No. 3. 1-23 SECTION 3. BOUNDARIES. The district includes the territory 1-24 contained within the following area: 1-25 A 2724.144 acre tract of land out of the Seaborn J. Watley 1-26 Survey No. 22, the Gregorio Esparza Survey File No. D-762, the B.F. 1-27 Cady Survey File No. P-68, the Thomas F. Gray Survey No. 11, the 1-28 John A. Miller Survey File No. 3-842, and the John Woodruff Survey 1-29 File No. 1-476, Hays County, Texas, being a portion of that certain 1-30 tract, described as First Tract, conveyed to Michael Giles 1-31 Rutherford by deed recorded in Volume 197, Page 45 of the Deed 1-32 Records of Hays County, Texas, and that 700.00 acre tract described 1-33 as Second Tract, conveyed to Michael G. Rutherford by deed also 1-34 recorded in Volume 197, Page 45 of the said Deed Records; the said 1-35 2724.144 acre tract is more particularly described by metes and 1-36 bounds as follows: 1-37 BEGINNING at a fence corner post found for the southeast 1-38 corner of Lot 52, Goldenwood, Section II, a subdivision recorded in 1-39 Book 2, Pages 263 and 264 of the Plat Records of Hays County, 1-40 Texas, being an ell corner in the northerly line of the remainder 1-41 of the said Michael Giles Rutherford First Tract; 1-42 THENCE, N01 00'49"W, with the common line between the said 1-43 Michael Giles Rutherford First Tract and Goldenwood, Section II, at 1-44 539.10 feet past a 5/8" iron rod found 0.11 feet to the right for 1-45 the common corner of Lot 52 and Lot 51, at 1013.56 feet past a 5/8" 1-46 iron rod found for the common corner of Lot 51, Lot 50 and Lot 48, 1-47 for a total distance of 1368.14 feet to a 5/8" iron rod found for 1-48 the northeast corner of Lot 48, Goldenwood, Section II, being the 1-49 southeast corner of Lot 76, Resubdivision of Lots 46 and 47, 1-50 Goldenwood, Section II, a subdivision recorded in Book 2, Page 276 1-51 of the said Plat Records; 1-52 THENCE, N01 02'10"W, continuing with a westerly line of the 1-53 said Michael Giles Rutherford First Tract, at 1083.71 feet past a 1-54 1/2" iron rod found for the northeast corner of Lot 75, 1-55 Resubdivision of Lots 46 & 47, Goldenwood, Section II, being the 1-56 most easterly corner of Lot 44 and southeast corner of Lot 43, 1-57 Goldenwood, Section II, at 1483.59 feet past a 5/8" iron rod found 1-58 for the common corner of Lot 43 and Lot 42, Goldenwood, Section II, 1-59 at 1623.17 feet past a 1/2" iron rod found 1.37 feet to the left, 1-60 at 1813.60 feet past a 5/8" iron rod found 0.18 feet to the left 1-61 for the common corner of Lot 42 and Lot 41, Goldenwood, Section II, 1-62 at 3174.94 feet past a fence corner post found 0.39 feet to the 1-63 right for the northeast corner of Lot 40, Goldenwood, Section II, 1-64 being the southeast corner of Lot 9, Goldenwood, Section I, a 2-1 subdivision recorded in Book 2, Pages 249 and 250 of the said Plat 2-2 Records, for a total distance of 3401.62 feet to a 5/8" iron rod 2-3 found for the northeast corner of Lot 9, Goldenwood, Section I, 2-4 being the southeast corner of that 116.76 acre tract conveyed to 2-5 Constance C. Austin, by deed recorded in Volume 1069, Page 698 of 2-6 the said Deed Records; 2-7 THENCE, N01 02'13"W, leaving the said northerly line of Lot 2-8 9, Goldenwood, Section I, with the common line between the Michael 2-9 Giles Rutherford First Tract and the 116.76 acre tract, 2795.91 2-10 feet to a 1/2" iron rod found for the northeast corner of the said 2-11 116.76 acre tract, being a southeast corner of that 172.310 acre 2-12 tract conveyed to the Church of the International Society of Divine 2-13 Love by deed recorded in Volume 834, Page 452 of the said Deed 2-14 Records; 2-15 THENCE, N28 57'51"E, leaving the northerly line of the said 2-16 116.76 acre tract, with the common line between the said Michael 2-17 Giles Rutherford First Tract and the 172.310 acre tract, 592.76 2-18 feet to a 1/2" iron rod found 0.48 feet to the right for an 2-19 easterly corner of the aforesaid 172.310 acre tract, being the 2-20 southwest corner of Lot 16, Bear Creek Estates, Section Two, a 2-21 subdivision recorded in Book 2, Pages 199 and 200 of the said Plat 2-22 Records; 2-23 THENCE, N88 27'02"E, leaving the easterly line of the said 2-24 172.310 acre tract, with the common line between the said Michael 2-25 Giles Rutherford First Tract and Bear Creek Estates, Section Two, 2-26 at 302.79 feet past a 1/2" iron rod found 0.35 feet to the right 2-27 for the common corner of Lot 16 and Lot 17, at 535.74 feet past a 2-28 1/2" rod found for the common corner of Lot 17 and Lot 18, at 2-29 750.53 feet past a 1/2" iron rod found 0.13 feet to the right for 2-30 the common corner of Lot 18 and Lot 19, at 1055.38 feet past a 1/2" 2-31 iron rod found 0.12 feet to the right for the common corner of Lot 2-32 19 and Lot 21, at 1454.87 feet past a 1/2" iron rod found 0.20 feet 2-33 to the right for the southeast corner of said Lot 21, being a point 2-34 on the southerly right-of-way line of Crosscreek Drive 2-35 (right-of-way varies), as dedicated by plat in Book 2, Pages 199 2-36 and 200 of the said Plat Records, at 2173.39 feet past a 1/2" iron 2-37 rod found on the said southerly right-of-way line of Crosscreek 2-38 Drive, being the southwest corner of Lot 32, for a total distance 2-39 of 3373.50 feet to a 5/8" iron rod found for the common corner of 2-40 Lot 36 and Lot 37, Bear Creek Estates, being an ell corner in the 2-41 west line of that 189.00 acre tract conveyed to Krasovek-Reunion 2-42 Hays County Joint Venture by deed recorded in Volume 871, Page 411 2-43 of the said Deed Records; 2-44 THENCE, leaving the southerly line of said Bear Creek 2-45 Estates, with the common line between the Michael Giles Rutherford 2-46 First Tract and the 189.00 acre tract for the following two (2) 2-47 courses: 2-48 1) S01 29'17"E, 1601.90 feet to a 1/2" iron rod with plastic 2-49 cap stamped "Capital Surveying Co., Inc." found for an angle point; 2-50 2) N87 57'43"E, 2815.00 feet to a 1/2" iron rod found for 2-51 the southeast corner of the said 189.00 acre tract; 2-52 THENCE, N87 41'34"E, continuing with the northerly line of 2-53 the said Michael Giles Rutherford First Tract, at 1.95 feet past a 2-54 1/2" iron rod found 0.16 feet to the right for the southwest corner 2-55 of that 192.712 acre tract conveyed to Krasovek-Reunion Hays County 2-56 Joint Venture by deed recorded in Volume 871, Page 445, of the said 2-57 Deed Records, for a total distance of 398.43 feet to a 1/2" iron 2-58 rod found for an angle point; 2-59 THENCE, N87 58'58"E, continuing with the northerly line of 2-60 the said Michael Giles Rutherford First Tract, at 1422.00 feet past 2-61 a 1/2" iron rod found 0.26 feet to the left for the southeast 2-62 corner of the said 192.712 acre tract, for a total distance of 2-63 1441.78 feet to a 1/2" iron rod found for the northeast corner of 2-64 the aforesaid Michael Giles Rutherford First Tract, being a point 2-65 in the westerly line of that 1325.0 acre tract conveyed to the City 2-66 of Austin by deed recorded in Volume 1473, Page 961 of the said 2-67 Deed Records; 2-68 THENCE, with the common line between the said Michael Giles 2-69 Rutherford First Tract and the 1325.0 acre tract for the following 3-1 five (5) courses: 3-2 1) S01 11'56"E, at 486.52 feet past a 1/2" iron rod found 3-3 0.20 feet to the left, at 1467.11 feet past a 1/2" iron rod found 3-4 0.38 feet to the left, at 1625.16 feet past a 1/2" iron rod found 3-5 0.42 feet to the left, at 2375.41 feet past a 1/2" iron rod found, 3-6 at 2669.62 feet past a 1/2" iron rod found, at 3021.74 feet past a 3-7 1/2" iron rod found 0.27 feet to the left, for a total distance of 3-8 3316.24 feet to a 1/2" iron rod found for an angle point; 3-9 2) S02 10'31"E, at 260.76 feet past a 60d nail in fence post 3-10 found 0.16 feet to the left, at 609.05 feet past a 60d nail in 3-11 fence post found, at 989.19 feet past a 1/2" iron rod found 0.20 3-12 feet to the right, at 1360.85 feet past a 1/2" iron rod found 0.41 3-13 feet to the right, at 1554.32 feet past a 1/2" iron rod found 0.19 3-14 feet to the right, for a total distance of 1837.39 feet to a 1/2" 3-15 iron rod found an angle point; 3-16 3) S02 04'23"E, at 695.24 feet past a 1/2" iron rod found 3-17 0.83 feet to the left, for a total distance of 1226.11 feet to a 3-18 1/2" iron rod found for an angle point; 3-19 4) S01 45'27"E, 318.33 feet to a 1/2" iron rod found for an 3-20 angle point; 3-21 5) S01 28'07"E, at 680.57 feet past a 1/2" iron rod found 3-22 0.68 feet to the right, at 1395.20 feet past a 1/2" iron rod found 3-23 0.48 feet to the right, for a total distance of 1667.03 feet to a 3-24 60d nail found in a fence corner post for an ell corner of the said 3-25 Michael Giles Rutherford First Tract, being the southwest corner of 3-26 the said 1325.0 acre tract, the northeast corner of the said 700 3-27 acre Second Tract, and the northwest corner of that 569.64 acre 3-28 tract conveyed to D. L. West by deed recorded in Volume 389, Page 3-29 510 of the said Deed Records; 3-30 THENCE, leaving the said Michael Giles Rutherford First Tract 3-31 and the 1325.0 acre tract, with the common line between the said 3-32 700 acre Second Tract and the 569.64 acre tract for the following 3-33 five (5) courses: 3-34 1) S00 48'58"E, 874.11 feet to a fence corner post found for 3-35 an angle point; 3-36 2) S00 41'15"E, 1069.83 feet to a 1/2" iron rod found for an 3-37 angle point; 3-38 3) S00 50'03"E, 1072.92 feet to a 1/2" iron rod found for an 3-39 angle point; 3-40 4) S00 21'31"E, 2041.59 feet to a 1/2" iron rod found for an 3-41 angle point; 3-42 5) S01 12'59"E, 381.32 feet to a fence corner post found for 3-43 the southwest corner of the said 569.64 acre tract, being the 3-44 northwest corner of the remainder of that 1201.23 acre tract 3-45 conveyed to Michael G. Rutherford by deed recorded in Volume 192, 3-46 Page 178 of the said Deed Records; 3-47 THENCE, S88 36'55"W, leaving the west line of the said 569.64 3-48 acre tract and the remainder of the said 1201.23 acre tract, across 3-49 the 700 acre Second Tract and the Michael Giles Rutherford First 3-50 Tract, 5376.30 feet to a 1/2" iron rod with plastic cap stamped 3-51 "Capital Surveying Co., Inc." set on the southerly line of the said 3-52 Michael Giles Rutherford First Tract, being on the northerly 3-53 right-of-way line of State Highway FM 967 (80.00' right-of-way), 3-54 from which a 1/2" iron rod with plastic cap stamped "Capital 3-55 Surveying Co., Inc." found 40.00 feet right of State Highway 3-56 centerline station 374+41.8, bears S43 07'47"E, 3631.24 feet; 3-57 THENCE, with the common line between the said Michael Giles 3-58 Rutherford First Tract and the northerly right-of-way line of State 3-59 Highway FM 967 for the following three (3) courses: 3-60 1) N43 07'47"W, 2522.95 feet to a TxDOT concrete highway 3-61 monument found for the point of curvature of a non-tangent curve to 3-62 the left, being 40.00 feet right of State Highway centerline 3-63 station 435+95.1; 3-64 2) With the said curve to the left having a central angle of 3-65 15 30'21", a radius of 1949.86 feet, a chord distance of 526.08 3-66 feet (chord bears N50 52'40"W), for an arc distance of 527.69 feet 3-67 to a TxDOT concrete monument found for the point of non-tangency, 3-68 being 40.00 feet right of State Highway centerline station 3-69 441+11.8; 4-1 3) N58 34'41"W, 1264.94 feet to a TxDOT concrete highway 4-2 monument found for the point of curvature of a curve to the left, 4-3 being 40.00 feet right of State Highway centerline station 4-4 453+77.6; 4-5 4) With the said curve to the left having a central angle of 4-6 11 38'46", a radius of 1949.86 feet, a chord distance of 395.65 4-7 feet (chord bears N64 24'02"W), for an arc distance of 396.33 feet 4-8 to a 1/2" iron rod with plastic cap stamped "Capital Surveying Co., 4-9 Inc." set for the southwest corner of the herein described tract, 4-10 from which a TxDOT concrete highway monument found for the point of 4-11 non-tangency, being 40.00 feet right of State Highway centerline 4-12 station 464+44.3 bears N80 25'19"W, a chord distance of 690.46 4-13 feet; 4-14 THENCE, N01 02'37"W, leaving the northerly right-of-way line 4-15 of State Highway FM 967, across the said Michael Giles Rutherford 4-16 First Tract, 4185.44 feet to a 1/2" iron rod with plastic cap 4-17 stamped "Capital Surveying Co., Inc." set for the northwest corner 4-18 of the herein described tract, being on the northerly line of the 4-19 aforesaid First Tract and a point on the southerly line of Lot 53, 4-20 Goldenwood, Section II, from which a fence corner post found in the 4-21 south line of Lot 61, Goldenwood, Section II bears S88 25'41"W, 4-22 1748.06 feet; 4-23 THENCE, with the common line between the said Michael Giles 4-24 Rutherford First Tract and Goldenwood, Section II, for the 4-25 following two (2) courses: 4-26 1) N88 25'41"E, 146.24 feet to a fence corner post found for 4-27 an angle point; 4-28 2) S89 46'51"E, at 189.75 feet past a 5/8" iron rod found 4-29 0.11 feet to the right for the common corner of Lot 53 and Lot 52, 4-30 for a total distance of 359.40 feet to the PLACE OF BEGINNING, 4-31 CONTAINING within these metes and bounds 2724.144 acres of land 4-32 area. 4-33 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature 4-34 finds that the boundaries and field notes of the district form one 4-35 or more closures. A mistake in the field notes or in copying the 4-36 field notes in the legislative process does not affect the 4-37 organization, existence, or validity of the district, the right of 4-38 the district to levy and collect taxes, or the legality or 4-39 operation of the district or its governing body. 4-40 SECTION 5. FINDING OF BENEFIT. All of the land and other 4-41 property included within the boundaries of the district will be 4-42 benefitted by the works and projects that are to be accomplished by 4-43 the district under the powers conferred by Section 59, Article XVI, 4-44 Texas Constitution. The district is created to serve a public use 4-45 and benefit. 4-46 SECTION 6. POWERS. (a) The district has all of the rights, 4-47 powers, privileges, authority, functions, and duties provided by 4-48 the general law of this state, including Chapters 49 and 51, Water 4-49 Code, applicable to water control and improvement districts created 4-50 under Section 59, Article XVI, Texas Constitution. This Act 4-51 prevails over any provision of general law that is in conflict or 4-52 inconsistent with this Act. 4-53 (b) The rights, powers, privileges, authority, functions, 4-54 and duties of the district are subject to the continuing right of 4-55 supervision of the state to be exercised by and through the Texas 4-56 Natural Resource Conservation Commission. 4-57 (c) The district created under this Act is wholly located 4-58 within the area of extraterritorial jurisdiction of the City of 4-59 Dripping Springs and is subject to the requirements of municipal 4-60 ordinances applicable to extraterritorial areas unless the 4-61 municipality's governing body waives compliance. 4-62 SECTION 7. BOARD OF DIRECTORS. (a) The district is 4-63 governed by a board of five directors. 4-64 (b) Temporary directors serve until initial permanent 4-65 directors are elected under Section 9 of this Act. 4-66 (c) Initial permanent directors serve until permanent 4-67 directors are elected under Section 10 of this Act. 4-68 (d) Permanent directors other than initial permanent 4-69 directors serve staggered four-year terms. 5-1 (e) Each director must qualify to serve as director in the 5-2 manner provided by Section 49.055, Water Code. 5-3 (f) A director serves until the director's successor has 5-4 qualified. 5-5 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 5-6 directors is composed of: 5-7 (1) Terry Gilmore; 5-8 (2) Gerald Hill; 5-9 (3) Ken Bacon; 5-10 (4) Bill Cunningham; and 5-11 (5) Clovis Barker. 5-12 (b) If a temporary director fails to qualify for office, the 5-13 temporary directors who have qualified shall appoint a person to 5-14 fill the vacancy. If at any time there are fewer than three 5-15 qualified temporary directors, the Texas Natural Resource 5-16 Conservation Commission shall appoint the necessary number of 5-17 persons to fill all vacancies on the board. 5-18 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS ELECTION. The 5-19 temporary board of directors shall call and hold an election to 5-20 confirm establishment of the district and to elect five initial 5-21 directors as provided by Chapter 49, Water Code. 5-22 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in 5-23 May of the first even-numbered year occurring at least three years 5-24 after the year in which the confirmation election is held, an 5-25 election shall be held in the district for the election of two 5-26 directors who shall each serve two-year terms and three directors 5-27 who shall each serve four-year terms. Thereafter, on the same date 5-28 in each subsequent even-numbered year, the appropriate number of 5-29 directors shall be elected to the board. 5-30 SECTION 11. DIVISION. The district will constitute an 5-31 "original district" for purposes of Section 51.748, Water Code, and 5-32 is authorized to divide into two or more districts following the 5-33 procedure set forth in Sections 51.749 through 51.758, Water Code, 5-34 without the consent of any municipality. 5-35 SECTION 12. DEVELOPMENT AGREEMENT. The district or the 5-36 owners of land within the district may enter into written contracts 5-37 with any municipality within whose extraterritorial jurisdiction 5-38 the district is located, in whole or in part: (1) to guarantee the 5-39 continuation of the extraterritorial status of the district and its 5-40 immunity from annexation by the municipality for a period not to 5-41 exceed 25 years; (2) regulating the development within the 5-42 boundaries of the district in a manner that the parties agree will 5-43 further the health, safety, and welfare of the residents of the 5-44 district; (3) containing other terms and consideration that the 5-45 district and the municipality agree to be reasonable and 5-46 appropriate; and (4) which may be renewed or extended for 5-47 successive periods of time not to exceed 15 years. A municipality 5-48 may contract with the district or the owners of the land within the 5-49 district to accomplish the purposes set forth in Subdivision (1) of 5-50 this section. 5-51 SECTION 13. PAYMENT OF EXPENSES. In addition to payment of 5-52 any expenses authorized under Section 49.155, Water Code, or other 5-53 provisions of applicable law, the district may pay out of bond 5-54 proceeds or other available funds of the district all costs and 5-55 expenses associated with assuring the protection of threatened or 5-56 endangered species pursuant to formal or informal consultations 5-57 under Section 7, federal Endangered Species Act (16 U.S.C. Section 5-58 1531 et seq.), or permits issued under Section 10(a) of that Act, 5-59 and costs of land dedicated for water quality buffers. 5-60 SECTION 14. APPLICABLE REGULATIONS. The district, a 5-61 municipality within whose extraterritorial jurisdiction the 5-62 district is located, in whole or in part, and the county within 5-63 which the district is located may enter into a written contract 5-64 that specifies the development regulations applicable to the land 5-65 within the district. A county may contract and agree that the 5-66 municipality's development regulations and development approval 5-67 processes will apply to the land within the district and that no 5-68 county review or approval of any development permit, approval, 5-69 plat, or other application is required. 6-1 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-2 (a) The proper and legal notice of the intention to introduce this 6-3 Act, setting forth the general substance of this Act, has been 6-4 published as provided by law, and the notice and a copy of this Act 6-5 have been furnished to all persons, agencies, officials, or 6-6 entities to which they are required to be furnished by the 6-7 constitution and other laws of this state, including the governor, 6-8 who has submitted the notice and a copy of this Act to the Texas 6-9 Natural Resource Conservation Commission. 6-10 (b) The Texas Natural Resource Conservation Commission has 6-11 filed its recommendations relating to this Act with the governor, 6-12 lieutenant governor, and speaker of the house of representatives 6-13 within the required time. 6-14 (c) All requirements of the constitution and laws of this 6-15 state and the rules and procedures of the legislature with respect 6-16 to the notice, introduction, and passage of this Act are fulfilled 6-17 and accomplished. 6-18 SECTION 16. EFFECTIVE DATE. This Act takes effect 6-19 immediately if it receives a vote of two-thirds of all the members 6-20 elected to each house, as provided by Section 39, Article III, 6-21 Texas Constitution. If this Act does not receive the vote 6-22 necessary for immediate effect, this Act takes effect September 1, 6-23 2001. 6-24 * * * * *