PLUM CREEK CONSERVATION DISTRICTCHAPTER 126 u
S. B. No. 289
An Act creating "Plum Creek Conservation District" under the provisions of Sec.
tlon 59, Article XVI of the Texas Constitution; prescribing the area andpowers of the District; providing that hearing on exclusion of lands or on
adoption of plan of taxation shall not be necessary; providing that the advalorem pl~n of taxation shall be used by the District; providing for a
Board of Directors to control and exercise the District's powers; authoriz.
Ing the levy an~ .assessment of taxes for Improvements, maintenance, op.
eratlon and administration of the District; authorizing the Issuance of bonds
In the accomplishment of the District's purposes, and making such bonds
eligible for certain Investments and to secure depOSits of public funds.
exempting the District's bonds from taxation; providing for a conflrma:
tlon election; enacting a savings clause; declaring the District essential.
enacting other provisions relating to the subject and purpose of this Act;and declaring an emergency.

Be it· enacted by the Legislature of the State of Texas:
District createdSection 1. Pursuant to and as expressly authorized by Section
59, Article
o~ the .Constit~tion of the State of Texas, and in addition
to all ~ther dIstrIcts mto WhICh the state has been divided heretofore,
there IS hereby created a conservation and reclamation district to beknow~, ~s '~PI,~m C:eek Conservation District," (hereinafter referred
to as DIs!r~ct), whIch shall be recognized to be a governmental agency
a body polItic and corporate, and a political subdivision of this state.
'

XV!

Sec. 2. POWERS OF DISTRICT [DI~TRICT~ POWER~]. (a) The District shall haveand exercise and shall be vested with all the rights, powers, privileges and authority
granted water control and improvement districts by Chapter 51, Water Code [gA, ~12g of the Revised Civil ~tatQtes of Texas, 1929, aad aU ameadmeats thereto heretQ~or hereafter eaaGted], and all other laws of the State of Texas relating to water control
and improvement districts, (all such laws being hereinafter referred to as "General
Laws"). All such General Laws are hereby incorporated by this reference to the same
effect as if set" out in full in this Act. To the extent that the provisions of any Such
General Laws may be in conflict or inconsistent with the provisions of this Act, theprovisions of this Act shall prevail. Without limitation of the generality of the foregOing
the District herein created shall be and it is hereby empowered to control, conserve
protect, distribute and utilize the storm and flood waters and unappropriated flow ofPlum Creek and its tributaries for all useful purposes permitted by law; also to carry out
flood prevention measures with respect to Plum Creek and its tributaries to prevent or aid
in preventing damage to the lands of the district and the soil and fertility thereof, tocooperate with all other districts, departments or agencies of the state government, or
departments and agencies of the United States government, and to receive and accept
technical and financial assistance therefrom in the accomplishment of said purposes. The
said District is further authorized and empowered to purchase, construct, or in any otherlawful manner to acquire, provide and develop all works, facilities and improvements
necessary or useful in fulfilling the purposes of the District or any of them.
(b) Except as specifically provided by this Act, on approval of the qualified voters of
the District at an election called and held for that purpose, the District may exercise
the powers granted and shall exercise the duties imposed under Chapter 52, Water
Code, for the preservation, conservation, protection, recharge, and prevention of waste
and pollution of the underground water of the District, except in those areas of theDistrict that were part of the Barton Springs·Edwards Aquifer Conservation District
or the Edwards Underground Water District on January 1, 1989.
(c) The Commissioners Court of Caldwell County, on receiving a petition signed b1l
at least 50 registered voters of the District, shall call and hold an election in the
M. Vernon'. Ann-elv.St. art. 828D-194?~7

!

i

"\

i

i•

··Ch..126

55TH REGULAR SESSION

Dis~rict to ~etermine whether- the District will assume the powers and exe~cise the
dut'te8 prowded by Chapter 52, Water Code. At the election, the ballots shall be
printed to permit voting for or against the proposition: "The assumption by the Plum
Creek Conservation District of the powers and duties of an underground water
conservation district." The Commissioners Court of Caldwell County shall canvass
the votes, and if a majority of the qualified voters of the District favor the proposition,
the District may assume the powers and shall exercise the duties of an undergroundwate,,: conservation District under Chapter 52, Water Code, except as specificallypr.0w~ed by Subsection (d) of this section. If a majority of the qualified voters 0/ theDtstnct do not approve the proposition, another election on that proposition may not
be called by the Commissioners Court of Caldwell County before the first anniversaryof the most recent election on that proposition. Except as provided by this subsection,
the Election Code applies to an election under this subsection. Caldwell County shall
pay the cost of any election held under this subsection.
(d). If the -Dis~rict is authorized by the voters to assume the powers and duties
prowded by Chapter 52, Water Code, the District may annually levy taxes to pay the
maintenance and operating expenses in the area of the District for which authority is
granted under Subsection (h) of this section at a rate not to exceed three cents on each$100 of assessed valuation.
Territory Comprising the District

Sec. 3. The District hereby created and established, situated wholly
within Caldwell and Hays Counties, Texas, shall comprise all territory
located within the boundaries described as follows:
Beginning at a point which is located in the most southerly southeast
corner of Caldwell County, Texas near the confluence of Plum Creek
and the San Marcos River. More specifically the point can be identified
as being in the southeast line of the Silas Fuqua League 2122.4 feet
North 30 East from the southeast corner of said League and being also
the point of intersection of the southeast line of said League and thecenter line of the old San Antonio and Aransas Pass Railroad right ofway;
Thence North 30 East along the southeast line of the Silas Fuqua
League a distance of 6902 varas to the northeast corner of said League;
Thence North 60 West along the north line of the Silas Fuqua League
a distance of 360 varas to the southeast corner of a 260 acre tract ofland owned by G. C. King and described in Vol. 109 pg. 263 of Caldwell
County Deed Records;
Thence North 1 deg East along the East line of said G. C. King 260
acre tract a distance of 2620 varas to the King northeast corner, said
point being also in the southline of the W. J. Sneed League, and being
600 varas South 89 East of the southwest corner of said League;
Thence South 89 East along the south line of the W. J. Sneed League
a distance of 4400 varas to the southeast corner of said League;
Thence North 1 deg East along the south line of the W. J. Sneed
League a distance of 5000 varas to the northeast corner of said League;
Thence South 89 East along the south line of the Robert Davidson.1300 acre Survey a distance of 218 varas to the southeast corner ofsaid Davidson Survey.
.
Thence North 1 deg East along the east line of said Robert Davidson
Survey a distance of 330 varas to a point, said point being the south
west corner of the P. Elkins 160 acre Survey;
Thence South 89 East along the south line qf the P. Elkins 160 acre
.Survey a distance of 800 varas to its southeast corner;'. Thence North 1 deg East along the east line of the P. Elkins Survey
and the J. D. Williams 160 acre Survey a distance of 2258 varas to the268

T
PLUM CREEK CONSERVATION DISTRICT

Ch. 126

northeast corner of said J. D. Williams 160 acre Survey, said point being
also in the south line of the Joshua Williams 160 acre Survey;
Thence South 89 East-along the south line of said Joshua Williams
160 acre Survey a distance of 160 varas to the southeast corner of said
Joshua Williams Survey.
Thence North 1 deg East along the east line of said Joshua Williams
160 acre Survey a distance of 950 varas to the northeast corner of thisSurvey, said corner being also in the southeast corner of the John Bowman 320 acre Survey;
Thence South 89 East along the south line of said John Bowman
Survey a distance of 200 varas to the southeast corner of said Survey;
Thence North 1 deg East along the east line of said John Bowman
320 acre Survey 1345 varas to the northeast corner of said John Bowman
Survey;Thence North 89 West along the north line of said John Bowman
Survey a distance of 90 varas to a point which is the southwest cornerof the Joseph Bowman Survey of one labor;
Thence North 1 deg East along the west line of the Joseph Bowman
Survey a distance of 1000 varas to its northwest corner, said point
being in the south line of the Edward Brown one third League;
Thence South 89 East along the south line of said Edward Brown
one third league a distance of 1376 varas to its southeast corner;
Thence North 1 deg East along the east line of said Edward Brown
one third League and continuing on the same line extended along thewest line of the H. and T. C. Rwy. Co. Survey No. 9 and the west lineof the J. C. Darst 320 acre Survey a total distance of 5150 varas tothe northwest corner of the J. C. Darst Survey, said point being also
in the south line of the Isaac Campbell 640 acre Survey;
Thence East along the south line of the Isaac Campbell Survey a
distance of 2105.75 varas to the southwest corner of a 135 acre tract
formerly owned by W. W. Halsell;
Thence North 45 West along the W. W. Halsell southwest line a
distance of 1360.5 varas to the northwest corner of said Halsell Tract;
Thence North 45 'East along the northwest line of the Halsell tracta distance of 399 varas to the' northeast corner of said tract said point
being also in the southwest line of the Moses Gage League;
Thence South 45 East along the southwest line of the Moses Gage
League, a distance of 1012 varas to the southeast corner of the Milton
Jowers 91.4 acre tract, said point being also 804.4 varas North 45 eastof the southeast corner of the Moses Gage League;
Thence North 30 East a distance of 2281 varas to a point, said point
being the northeast corner of a 167.1 acre tract conveyed to Horace
Ridout by George Burkhart and recorded in Vol. V Pg. 380 of Caldwell
County Deed Records;
Thence North 60 west a distance of 431.4 varas to a point, said point
being the southwest corner of a 36 acre tract of land once owned by
G. A. McGee;
Thence North 30 East a distance of 1688 varas to a point in thenortheast line of the Moses Gage League, said point being 1208.4 varas
North 60 West of the northeast corner of said Gage League;
Thence North 60 West along the northeast line of the Moses Gage
League, also the southwest line of the G. W. James Survey a distanceof 6336.16 varas to the southwest corner of the W. D. Moore. 119.3 acre
tract;;. 'rbenc.e North 30 East:along the Ijne between the W. D. Moore 119.3
acre tract and the M. T. Baker 167 acre tract and .continuing along

269

,
i·

~

Ch. 126

55TH REGULAR SESSION

the same line a total distance of 2104 varas to the southeast corner ofthe M. M. Taylor 226%, acre tract;
Thence North 60 West along the M. M. Taylor 226%, acre southwest
line a distance of 2442 varas to a point for corner;
Thence North 30 East 230 varas to a point for corner;
Thence North 60 West 885 varas to a point in the northwest lineof the G. W. James Survey, said point being 212 varas south 30 west
from the northwest corner of the James Survey;
Thence "South 30 West along the northwest line of the G. W. James
Survey a distance of 288 varas to the northeast corner of the C. M.
Cannon one third League Survey;
Thence North 45 West along the northeast line of said C. M. Cannon
Survey a distance of 2825 varas to the north corner of said survey;
Thence South 30 West along the Northwest line of the C. M. Cannon
one third League Survey a distance of 918 varas to the southeast cornerof the N. V. Lawler Preemption Survey;
Thence North 45 West along the northeast line of the N. V. Lawler
Survey and continuing along said line as it becomes the northeast lineof the B. Perkins Survey and continuing a total distance of 2928 varas
to the northeast corner of said Perkins Survey;·Thence South 30 West along the northwest line of the B. Perkins
and Stephen Goodman Surveys a total distance of 2082 varas to thenorthwest corner of said Stephen Goodman Survey;
Thence North 45 West along the southwest line of Joseph Burleson,
William Templin, Jonathan Burleson and Isaac Allen Surveys a total
distance of 10169 varas to the southwest corner of the Thomas J. Hatton
Survey;Thence North 45 East along the southeast line of the Thomas J.
Hatton Survey a distance of 835 varas to the southeast corner of said
T. J. Hatton Survey;
Thence North 45 West along the northeast line of the Thomas J.
Hatton Survey a distance of 5650 varas to the southeast corner of theW. F. Forister 114.28 acre tract;
Thence South 31% West along the southeast line of said Forister
tract a distance of 860 varas to the southwest corner of said Forister
tract;
Thence North 45 West along the southwest line of the Thomas J.
Hatton Survey a distance of 2580 varas to the northwest corner of theRaney and Stromberg 154.75 acre tract;
Thence North 45 East along the northwest line of said Raney andStromberg tract a distance of 847 varas to the northeast corner ofsaid tract, said corner being also in the northeast line of the Thomas
J. Hatton.Survey;
Thence North 45 West along the northeast line of said Hatton Survey
a distance of 1777 varas to the northeast corner of said Hatton Survey,
said point being also the Old San Antonio Road;
Thence South 61 West along the Travis-Caldwell county line a
distance of 320 varas to a point and continuing along said county line
south 45 west a distance of 540 varas to a poi"nt which is the northwest
corner of the Thomas J. Hatton Survey, said point being further definedas the point of intersection of the Old Colony Line with the Old San
Antonio Road also being the point of intersection of the Hays-Travis
County line with the northwest line of Caldwell County;
Thence North 50 deg 29 min East along the Hays-Travis County line
a distance of 10,756.3 varas to a point in the east line of the William
Porter Survey No.6;

270

1

1
PLUM CREEK CONSERVATION DISTRICT

Ch. 126. Thence entering Hays County, south 1 deg 21 min east along the eastline of the William Porter Survey a distance of 1870 varas to the·southeast eo mer of said Porter Survey;
Thence West along the South line of said Wm. Porter Survey a distance of 2750 varas to the southwest corner of said survey, said point
being also in the east line of a 52.6 acre tract of land patented to D. C.
Burleson;
Thence South 284 varas to the southeast corner of said D. C. Burleson
Survey;Thence West along the South line of said D. C. Burleson 52.6 acre
Survey a distance of 108 varas to the southwest corner of said survey
said point being the most southerly southeast corner of the George Herder Survey and also the northeast corner of a 207.2 acre survey of land
patented in the name of Willis A. Moore;
Thence South along the East line of said Willis A. Moore Survey a
distance of 335 varas to the north line of the J. B. Eaves Survey;
Thence South 87%, West along the line between the Willis A. Moore
Survey and the J. B. Eaves Survey a dista,nce of 2577 varas to the eastline of a 134 acre Survey made in the name of D. Burnett and referred
to as Survey No.5:
Thence North along the East line of said Burnett Survey a distanceof 234 varas to the most easterly northeast corner of said Burnett Survey;
Thence West along the North line of said D. Burnett Survey No.5 a
distance of 652 Varas to a point for corner;
Thence North, continuing along the boundary of said Burnett Sur'
vey, a distance of 225 varas to a point which is the southeast corner of
the J. Lentz Survey;
Thence West along the North lines of the D. D. Burnett Surveys No.
5 and 6, Survey No.7 made in the name of R. T. Hughes and the J.
Bunton Survey, a total distance of 2500 varas to the northwest cornerof said J. Bunton Survey, said point being also in the east line of theM. M. McCarver Survey;
Thence South along the West line of said J. Bunton Survey and continuing in the same straight line along, the west lines of the R. T.
Hughes Survey No.8, the M. M. Justice Survey No. 12 and the Thomas
G. Allen Survey a total distance of 3937 varas to a point for corner;
Thence South 36% West a distance of 300 varas to the northeast
corner of a 320 acre Survey for Jesse Day;
Thence West along the North line of said Jesse Day Survey a didtance of 2688 varas to the northwest corner of said Survey;
Thence South 45 East along the southwest line of said J. Day Survey
a distance of 365 varas to the northeast corner of the H. LoUer Survey;
Thence West along the North line of said Henry LoUer Survey a
distance of 2650 varas to the northwest corner of said H. LoUer Survey;
Thence South 45 East along the southwest line of said Henry LoUer
Survey a distance of 4350 varas to the southwest corner of said Survey,
said point being also in the northwest line of the Z. Hinton Survey
No. 12;.
Thence South 45 West along the northwest line of said Z. Hinton
Survey a distance of 2220 varas to a point which lies 2886 varas North
45 East from the northwest corner of said Z. Hinton Survey;
Thence South 45 East across the Z. Hinton Survey a distance of 2099
varas to the Northwest corner of the John Jones Survey;
Thence South 45 East along the southwest line of said John Jones
Survey a distance of 85 varas to the northeast corner of the James
Williams Survey;

2.71

-

-~.~' ..'·_ . ·"······T'·. ·Ch. 126

55TH REGULAR SESSION

Thence South 45. East along. the Northeattt line of said James Williams Survey a distance of 1443 varas to the northeast corner of an
89.66 acre tract of land once owned by C. B. Donaldson;
Thence South 45 West along the northwest line of said Donaldson
tract a distance of 350.5 varas to the northwest corner of said tract;
Thence South 45 East along the southwest line of said Donaldson
tract a distance of 1443 varas to the northwest line of the William
Hemphill Survey;
Thence South 45 West along the northwest line of said Hemphill
Survey a distance of 1467.0 varas to the northeast corner of a 600 acre
tract of land once owned by T. C. Johnson and described in Vol. 39, pg.
374 of Hays County Deed Records;
Thence South 45 East along the northeast line of said T. C. Johnson
tract a distance of 2510 varas to the southeast corner of said tract, said
point being "also in the northwest corner of the S. T. Crews 225 acre
tract;
Thence South 45 East along the southwest line of said S. T. Crews
Tract a distance of 1535.1 varas to the southwest corner of said tract;
Thence North 45 East along the southeast line of said Crews tracta distance of 559.3 varas to the northeast corner of a 308 acre tract ofland belonging to T. C. Johnson;
Thence South 44 deg 2'5 min East along the northeast line of said
T. C. Johnson property a distance of 1078.7 varas to a point in the Old
San Antonio Road, said Road being also the Caldwell-Hays County
Line;
Thence North 50 East along the Caldwell-Hays County line a distance of 8 varas to the northeast corner of the Damasco Cortez 49.5
acre tract and also the northwest corner of the Mrs. John Schrantz 100
acre tract, both tracts being a part of the Thomas Yates Survey;
Thence South 40 East across the Old San Antonio Road along thesouthwest line of said Schrantz tract a distance of 1564.6 varas to thesouthwest corner of said tract;
Thence North 50 East along the southeast line of said Schrantz tracta distance of 139.75 varas to the northwest corner of the Emile Raabe
100 acre tract;
Thence South 40 East along the southwest line of said Raabe tract
and continuing along the same line as it becomes the southwest line of
the Fritz Germer 100 acre tract a distance of 1686.5 varas to the southwest corner of said Germer tract, said point being in the common line between the Thomas Yates and Thomas Maxwell Surveys;
Thence North 60 East along said common Survey line a distance of1417.3 varas to the northeast corner of the Thomas Maxwell Survey;
Thence South 40 East along the northeast line of the Thomas Maxwell Survey a distance of 6000 varas to the southeast corner of said
Maxwell Survey;
Thence South 60 West along the southeast line of the Thomas Maxwell Survey a distance of 1223 varas to the northeast corner of the
Hector McNeal Survey;.
Thence South 40 East along the northeast line of said McNeal Survey a distance of 6100 varas to its southeast corner;
Thence South 60 West along the Southeast line of the Hector McNeal
Survey a distance of 2306 varas to the northwest corner of the JamesD. Dial Survey;
Thence South' 40 East along the southwest line of the James D. Dial
Survey a distance. of 2887 varas to its southwest corner, said cornerbeing also in the northwest line of the Andrew Churchill Survey;272

PLUM CREEK CONSERVATION DISTRICT

Ch. 126

Thence North 50 East along the common line between the James D.
Dial Survey and the Andrew Churchill Survey a distance of 301 varas
to a point which is the northeast corner of the B. E. Barber 100 acre
tract and the northwest corner of the T. Kinney 133.8 acre tract:
Thence South 40 East along the southwest line of said T. Kinney
133.8 acre tract and continuing along the same straight line a distanceof 3928 varas to the southwest corner of the A. P. Doyle 50 acre tract;
Thence North 50 East along the southeast line of said A. P. Doyle
50 acre tract a distance of 355 varas to the southeast corner of said
tract;
Thence South 40 East along the southwest line of the J. C. Roberts
202 acre tract a distance of 987 varas to its southwest corner, said point
being in the southeast line of the A. Churchill Survey and being 1133.4
varas South 50 West from the southeast corner of said Churchill Survey;
Thence South 50 West along the southeast line of the A. Churchill
Survey a distance of 132 varas to the northwest corner of the W. C.
Horner 197 acre tract;
Thence South 40 East along the southwest line of said W. C. Hornertract and continuing along the same line extended a total distance of
2168 varas to the northwest corner of the Lewis Rodenburg 151.4 acre
tract;
Thence North 50 East along the northwest line of said Lewis Rodenburg tract a distance of 1301 varas to the northeast corner of said tract,
said point being also in the northeast line of the Nancy Reavill Survey;
Thence South 40 East along the northeast line of the Nancy Reavill
Survey and continuing along the same straight line as it becomes theJames Berry Survey northeast line and the Washington Curtis Survey
northeast line a total distance of 7507.2 varas to a point which lies in thewest right of way line of State Highway 29 ;Thence along the west right of way line of said Highway 29 following these courses and distances: South 2 deg 36 min West a distance of3364.35 feet to the P. C. of a curve to the right (curve data: 1-11 deg 40
min rt, D-l deg 1 min, T-579.57 feet, L-1155.15 feet); Thence aroundsaid curve a distance of 1155.15 feet to its P. T.; Thence South 14 deg 16
West a d~stance of 862.4 feet to the P. C. of a Curve to the left (curve data:
1-16 deg 25 min 1 ft, D-l deg 28 min, T-559.99 feet, L-1112.26 feet);
Thence around said curve a distance of 1112.26 feet to its P. T.
Thence South 2 deg 09 min East a distance of 2033.2 feet to the P. C.
of a curve to the left (curve data: 1-21 deg 04 min 1 ft, D-1 deg 29 min,
T-721.8 feet, L-1427.30 feet); Thence around said curve a distance of1427.30 feet to its P. T.;
Thence South 23 deg 13 min East a distance of 3737.6 feet to the P. C.
of a curve to the right (curve data: 1-8 deg 41 min rt, D-l deg 0.6 min,
T-432.38 feet, L-859.7 feet); Thence around said curve a distance of
859.7 feet to its P. T.;
Thence South 14 deg 32 min East a distance of 1268 feet to the southeast line of the Solomon Seal Survey;
Thence South 30 West along th~ southeast line of said Seals Survey
a distance of 2352.8 varas to the center line of State Highway 80 ;Thence along the center line of State Highway 80, following thesecourses and distances: South 60 deg 14 min East a distance of 1979.55 feetto the P. C. of a curve to the left (curve data: 1-23 deg 18 min It, D-I0deg,); Thence around said curve a distance of 233 feet to its P. T.;
Thence South 83 deg 32 min East a distance of 246.23 feet to a point,
said point being the intersection of the center lines of" North Cypress
Street and Austin Street in the City of Luling;
Tex.Sess.Laws '67-18

273

I
l

Ch. 126

55TH REGULAR SESSION

Thence South 7 West along the center line of Cypress Street adia--'tance of 880 feet to the center line of the Southern Pacific Railroad prop...
erty; .
Thence South 8S East along the center line of the Railroad property
a distance of 2578.5 feet to the east line of Cedar Street;
Thence South 7 West along the east line of said Cedar Street a distanceof 140 feet to the center line of U. S. Highway 90;
Thence along the center line of U. S. Highway 90 following thesecourses and distances: South 82 deg 18 min East a distance of 810 feet to
the P. C. of a curve to the right (curve data: I-IS deg 45 min rt, D-2 deg
T-345.4 feet, L-687.5 feet); Thence around said curve to its P. T.;,
Thence South 68 deg SS min East a distance of 387.7 feet to the P. C.
of a curve to the right (curve data: 1-16 d€:g 33 min rt, D-2 deg, T-416.7
feet, L-827.. 5 feet); Thence around the curve a distance of 827.5 feet to
its P. T.;
Thence South 52 East a distance of 1638.8 feet to the P. C. of a curveto the right (curve data: 1-6 deg 45 min rt, D-1 deg, T-200.0 feet, L-400
feet); Thence around the curve a distance of 400 feet to its P. T.;
Thence South 41 deg 15 min East a distance of 1494.9 feet to the P. C.
of a curve to the left (curve data: 1-14 deg 32 min 1ft, D-2 deg, T-416.2
feet, L-826.7 feet); Thence around the curve a distance of 826.7 feet to its
P. T.;
Thence South 57 deg 30 min East a distance of 4103.7 feet to the P .C. ofa curve to the left (curve data: 1-4 deg 1ft, D-1 deg, T-200.1 feet, L-400
feet); Thence around said curve a distance of 400 feet to its P. T.;
Thence South 61 deg 30 min East 851 feet to the east line of a 63 acre
tract of land conveyed by M. L. Tiller to Clark Etheridge as described inVol. 204 Page 443 Caldwell County Deed Records;
Thence South 30 West along the southeast line of said 63 acre tract a
distance of 762.1 varas to the center line of the Old San Antonio and Aransas Pass Railroad Right of Way;
Thence in a southeasterly direction along the center line of said Railroad around a curve with following data (D-S deg 30 min, 1-S8 deg 04 min,
L-I087.6 feet) and along said curve a distance of 491 feet to its P. C.;
Thence South 13 deg 32 min East along the center line of said railroada distance of 2122.9 feet to the P. C. of a curve to the left with following
data (1-52 deg 44 min, D-4 deg. L-1318.2 feet) and along said curve a distance of 1318.2 feet to its P. T.
Thence South 66 deg 07 min East a distance of 226.5 feet to the P. C. ofa curve to the right with following data (L-1005.4, I-SO deg 10 min rt, D-8deg) and around said curve a distance of 1005.4 feet to its P. T.;
Thence South 35 deg 57 min East a distance of 1426.9 feet to the P. C.
of a curve to the left with following data (1-30 deg 31 min, D-3 deg 30
min L-871.8 feet) and around said curve a distance of 871.8 feet to its
P. T.;
Thence South 66 deg 28 min East crossing Plum Creek, a distance of
798.6 feet to the place of Beginning.
It being hereby found and determined that all of the land included within
the boundaries of the District will be benefited and that the District iscreated to serve a public use and benefit, it shall not be necessary for the
B~ard of· Directors to hold a hearing on exclusion of lands, or a hearing
Ott the adoption of a plan of taxation, but by this Act the District shall becreated and estal>lished within the boundaries hereinabove set forth andthe ad valorem plan of taxation shall be used by it.

274

PLUM CREEK CONSERVATION DISTRICT

Ch. 126

GOvernlDg Body of DIstrict

Sec. 4. The management and control of the District is hereby vested
in a Board of six (6) Directors. Of this number four (4) Directors shallbe resident qualified electors owning taxable property within the area of
the District and also Caldwell County, Texas; and, two (2) Directors
shall be resident qualified electors owning taxable property within thearea of the District and also Hays County, Texas. Said Board of Directors shall have all the powers, authority and duties conferred and imposed upon boards of directors of water control and improvement districts organized under General Law. The Commissioners Court of Caldwell County, Texas, is hereby authorized to appoint the four members
from Caldwell County; and the Commissioners Court of Hays County,
Texas, is hereby authorized to appoint the two members from Hays County. The four (4) Directors appointed by the Commissioners Court of
Caldwell County shall reside as follows: One (1) in the City of Luling;
one .(1) in the City of Lockhart; and two (2) within the District andCaldwell County, but not in the City of Luling or the City of Lockhart.
Two (2) of said Directors shall be appointed for a term expiring January
1, 1959, and two (2) of said Directors for a term expiring January 1,
1961, within the di8cretion of the Commissioners Court. The two (2) Directors appointed by the Commissioners Court of Hays County shall reside as follows: One (1) in the City of Kyle, and one (1) within the District and Hays County, but not in the City of Kyle. One of said Directors
shall be appointed for a term expiring January 1, 1959, and one (1) for aterm expiring January 1, 1961, within the discretion of the Commissioners Court. Successors to all the first Directors appointed as aforesaid
shall also be appointed by the Commissioners Courts in the manner aforesaid, and shall serve for a term of four years and thereafter until theirsuccessors shall have been appointed and qualified. Also any vacancy
shall be filled by the Commissioners Court of the respective counties so
as to maintain the Board in the manner herein provided. The members of
the Board of Directors shall take their official oaths and make and filetheir official bonds within thirty (30) days after appointment, and shallthen meet and organize, all as provided by General Law. The Board of
Directors from time to time shall be authorized to make or cause to bemade surveys and engineering investigations for the information of theDistrict to facilitate the accomplishment of the purposes for which theDistrict is created and may employ engineers, attorneys or other technicalor non-technical employees or assistants, fix the amount and mannerof their compensation, and may provide for the payment of expenditures
deemed essential to the proper maintenance of the District and its affairs. The Board of Directors shall have authority to fix the fees of eachmember at not to exceed Fifty Dollars ($50) per day for each day hespends actually performing his duties, provided that not to exceed Two
Hundred Dollars ($200) shall be paid to members for meetings held inanyone month. Also, members of the Board of Directors are entitled tobe reimbursed for the mileage expense incurred in actually performing
duties as directors at the same rate paid by the state for its employees.
Tax Elections

I° Sec. 6. The District may upon a favorable majority vote of the qualified property taxpaying electors of the District, voting at an electi{)n held
for the purpose, levy, assess and collect annual taxes to provide funds nece~~a~ to construct or. acquire, mai~tain and operate works, plants and faclhbes deemed essenbal or beneficial to the District and its purposes, anda!so when so authorized may levy, assess and collectOannual taxesoto proVide funds adequate to defray the cost of the maintenance operation and°adnlinistration of the District. Elections for the levy ofos~ch taxes shallbe ordered by the Board of Directors and shall be held and conducted in?7"

.···-"'~

T.

.'

Ch~ 126

55TH REGULAR SESSION

the manner provided by General Law relating to elections for the authorization of bonds of water control and improvement districts. All taxes
levied by the District for any purpose shall constitute a lien on the property against which levied and limitation shall not bar the enforcement orcollection thereof.

.~

District May Issue Bonds

Sec. 6. In the accomplishment of the purposes for which the Districtis created, its Board of Directors is hereby authorized to borrow money andto issue bonds in the manner provided by General Law. From the proceeds of the sale of bonds, the District may set aside an amount for thepayment of interest expected to accrue during construction, and a reserve
interest and sinking fund, and such provisions shall be made in the resolution authori~ing the bonds. Proceeds from the sale of bonds may also be
used for the payment of all expenses necessarily incurred in accomplish_
ing the purposes for which this District is created, including the expenses
of issuing and selling the bonds. Pending the use of bond proceeds forthe purpose for which issued, the Board of. Directors may invest same in
obligations of or guaranteed by the United States of America. All bonds
issued by the District shall constitute negotiable instruments within themeaning of the Negotiable Instruments Laws of this state. The Board of
Directors is authorized to issue refunding bonds for the purpose of refunding any outstanding bonds authorized by this Act, and the interest
thereon without the necessity of an election. Such refunding bonds may
be issued to refund more than one series of outstanding bonds, and in thecase of bonds secured in whole or in part by net revenues, the District may
combine the pledges of the outstanding bonds for the security of the refunding bonds and may secure them by other or additional revenues.
Bonds payable wholly from the District's net revenues or from the proceeds of any water contract or contracts, or by any means other than advalorem taxes may be issued pursuant to resolution of the Board of Directors without the necessity of any hearing or election, provided that such
resolution is authorized by unanimous vote of all members of the Boardof Directors.
Bonds Eligible for Investment and to Secure Deposits

Sec. 7. All bonds·of the District shall be and are hereby declared to belegal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees, guardians, and sinking funds ofcities, towns and villages, counties, school districts or other political subdivisions of the State of Texas, and for all public funds of the State ofTexas or its agencies including the State Permanent School Fund. Suchbonds shall be eligible to secure deposit of any and all public funds of theState of Texas, and any and all public funds of cities, towns, villages, counties, school districts, or other political subdivisions or corporations of
the State of Texas; and such bonds shall be lawful and sufficient security for said deposits to the extent of their value, when accompanied by all
unmatured coupons appurtenant thereto.
Bonds Exempt from Taxation

Sec. 8. All bonds issued hereunder and their transfer and the income
therefrom, including the profits on the sale thereof, at all times shall befree from taxation by the state or by any municipal corporation. county orother political subdivision or taxing district of the state.

276

,

.

PLUM CREEK CONSERVATION DISTRICT

Ch. 126

Con1lrmatlon of District

Sec. 9. It is provided that the District herein created shall not exercise any of the powers or authority conferred by this Act unless and until
its establishment is confirmed by a majority vote of the qualified electorsof the District voting at an election held for the purpose within the District. At such election municipal corporations included within the District shall not constitute separate voting districts but the Board of Direc-tors shall designate such polling place or places within the District as are
considered sufficient for the purposes of the election. The officers of eachpolling place shall consist of one presiding judge, one assistant judge andtwo clerks. More clerks may be appointed if necessary. If a majority ofthe qualified electors of the District vote in favor of the confirmation
thereof, the Board of Directors shall so declare and thereafter the District
shall have all the powers and authority conferred by this Act. The Directors of the District shall have full authority to order an election for
the authorization of preliminary bonds at the same time as the election
for the confirmation of the District, or at such time thereafter as the Directors may provide, all as authorized by General Law.
Exercise of Eminent Domain

Sec. 10. In the event the District in the exercise of the power of eminent domain or any other power granted hereunder makes necessary the relocation, raising, rerouting or changing of grade of or altering the construction of any highway, railroad, electric transmission line, telephoneor telegraph properties and facilities or pipe line, all such necessary relocation, raising, rerouting, changing of grade or alteration of construction,
shall be accomplished at the sole expense of the District.
District Declared Essential

Sec. 11. The Legislature hereby declares that the enactment hereof isin fulfillment of a duty conferred upon it by Section 59 of Article XVI of
the Constitution of Texas, wherein it is required to pass such laws as may
be appropriate in the preservation and conservation of the natural resources of the state; that the District herein created is essential to theaccomplishment of such purposes and that this Act therefore operates ona subject in which the state and the public at large are interested. All theterms and provisions of the Act are to be liberally construed to effectuate
the purposes herein set forth.
Savings Clause

Sec. 12. Nothing in the Act shall be construed to violate any provisionof the Federal or State Constitutions and all acts done under this_ Act shallbe done in such manner as will conform thereto whether herein expressly
provided or not. Where any procedure hereunder may be held by any
court to be violative of either of such Constitutions the District shall havethe power by resolution to provide an alternative- procedure conformableto such Constitutions. If any provision of the Act shall be invalid, suchfact shall not affect the creation of the District or the validity of any other provision of this Act, and the Legislature here declares that it would
have created the District and enacted the valid provisions of this Act notwithstanding the invalidity of any other provision or provisions hereof.
I

I
j

I

Emergency Measure

Sec. 18. The public importance of the purposes he~ein contemplated
and the fact that material benefits and improvements will result to the ter-277

Ch. 126

55TH REGULAR SESSION

ritory embraced within the District by the enactment hereof; and the factthat the additional water preservation and protection facilities and measures are urgently needed to preserve and control the waters of the District and to prevent floods, creates an emergency and an imperative public necessity that the Constitutional Rule requiring that bills be read on
three separate days in each House be suspended; and said Rule is hereby
suspended, and this Act shall take effect from and after its passage, and it
is so enacted.
Passed the Senate, March 18, 1957: Yeas 30, Nays 0; passed theHouse, April 17, 1957: Yeas 141, Nays o.
Approved April 30, 1957.
Effective April 30, 1957.

GONZALES COUNTY AND JUSTICE COURTS-CONCURRENTJURISDICTION
CHAPTER 127 115
S. B. No. 298
An Act conferring concurrent Jurisdiction In the County Court of Gonzales County
with the Justice Courts of Gonzales County; conforming the Jurisdiction ofsaid courts;· providing for appeals from the County Court; making other
prOvisions relating to the Jurisdiction of said courts; providing a sever·ability clause; and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:
Section 1. In addition to the jurisdiction that is now or may hereafter be conferred upon the County Court of Gonzales County, suchcourt shall have and exercise concurrent jurisdiction with the Justice
Courts of Gonzales County in all civil matters which by the Constitution and laws of this state is conferred upon the Justice Courts.
Sec. 2. No appeal shall be taken to the Court of Civil Appeals fromany final judgment of said County Court in civil cases of which the County;
Court has appellate or original concurrent jurisdiction with the Justice
Court where the amount in controversy does not exceed One Hundred
Dollars ($100.00) exclusive of interest and costs.
Sec. S. This Act shall not be construed to deprive the Justice Courtsof the jurisdiction now conferred upon them by law, but only to give
concurrent original jurisdiction to said County Court over such matters
as are specified in Section 1 of this Act, nor shall this Act be construed
to deny the right of appeal from the Justice Court to said County Courtin any case originally brought in the Justice Court where the right of appeal now exists by law.
Sec. 4. If any provision of this Act or the application thereof toany person or circumstances is held invalid, such invalidity shall notaffect other provisions or applications of the. Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Sec. 6. The fact that the provisions of this Act are needed for amore efficient administration of justice, creates an emergency and an
65. Vernon'.

Ann.(Jlv.St.

art.

I
\

1970-310

note.

278
J'
. ····l