Editor's Note: A) It truly would be interesting to know if the signs are being paid for and posted by citizens actually residing within the proposed new village boundaries. B) Why would anybody with a choice want to remain under the county's current political and jurisdictional management with its 'same as it ever was' approach to 21st Century-size challenges and opportunities?This from Pct. 3 Commissioner Will Conley: "The only position I take is a public position. (He said he does not have a 'private' position). This is a decision the neighborhood needs to make and anybody who owns property in the neighborhood. If they have any technical questions about incorporation and what that means with their relationship with the county, I am here to offer information if people want it. I am not really informed about what is being proposed in the incorporation. I have never seen the detailed plan."
Alert reader said:
In order for a small unincorporated area of Hays County to gain a stronger voice within the larger Community, the Committee for INCORPORATION for a Village of Jacobs' Well is seeking once again TO incorporate its neighborhood.
The time to vote yea or nay on this issue will be on May 9th with early voting to begin April 27. Certain residents of Woodcreek North who are NOT within the ETJ of the prospective Village limits are seeking to derail this effort for whatever reason other than being hand-in-glove with the neighborhood nemesis...the Precinct Commissioner and the developers of the Wimberley Springs Community who are, of course, mightily concerned about being in an incorporated area.
What would this do to their appraisals? What would this do for their planned community? How would planning and zoning affect them? How would this affect their collective pocketbook?
Mega signages at entrances of Woodcreek North encourage residents to vote NO regarding incorporation, totally dismissing the benefits of incorporation. The benefit of controlled development, the benefit of having a real voice in the negotiation of fees with utilities, i.e. Aqua Texas, IESI, etc; application for grants to possibly better the Community with parks, rainwater harvesting systems, community gardens.
Maybe questioning your neighbors about these issues would give one a better understanding about what is REALLY going on here regarding appraisal concerns and a lot more!!
19 comments:
The signage and postcards now arriving in the neighborhood of Woodcreek North are being posted and sent out by and for Wimberley Springs Partners. The signs are being installed by Craig Payne and his so-called PAC. Craig Payne does not live in the proposed Village of Jacobs Well boundaries. Craig Payne spoke out against the Full Chapter 36 Authority for HTGCD. He would much prefer to see the Hays Trinity Aquifer and Jacob's Well run dry. Craig Payne is NOT suffering under these oppressive Aqua Texas rates. Craig Payne was a County Commissioner and is in it for the $$$$$. Wimberley Springs Partners as we all know are oil and gas men from Midland-Odessa and have bought up as much land and vacant lots as they can get their hands on for future development. They are more than likely instrumental in the efforts for bringing surface water to Wimberley. This iniative to bring surface water would dovetail with their 8 years long plan to turn Wimberley into another Kyle or Buda. Hays County Commissioners, Wimberley City government and City of Woodcreek have stood by lamely and blindly and allowed this to happen. The incorporation efforts for the Village of Jacobs Well were initiated to protect and defend the property owners from these abusive developers and water pirates. The Craig Payne installed signs against the incorporation state "NO PLAN?" The property owners who wish to incorporate answer that question in this manner: The plan is to protect and defend our property rights, property values and our fragile environment from politicians, developers and special interest groups such as the aforementioned.
WOW!! Someone IS paying attention to our little community and its issues!! Delving into who might be naysayers, I'm finding that local realtors are among those leading the charge along with with developers. WHY? One would think that realtors, with the loud collective voice that they purport to have, would join forces with those seeking incorporation. If they are SO very concerned about how exorbitant utility bills are, how those utility bills, i.e. water/sewage might effect home sales, how this comfy little community would look with Kyle-style development, how the population they hope to attract would react to the ever-increasing cost of living, why wouldn't they use that voice to help develop a model, environmentally healthy community??? Are agents not FULLY DISCLOSING information about the homes they're selling Or is it that the local realty community doesn't know how to speak for itself; afraid to have a standalone voice; afraid to really work for its clients; afraid to stand up to developers!!?? If and when the time comes and I feel the way I do now, I would never list my home with a local agent; I would do as much as I could to find an agent who would really work for me. These folks are letting themselves be bullied by real estate politics. And to that end, the realty community is willing to sell its soul; to try and stop the incorporation of an area that could potentially be so much more, could become a model of Texas Hill Country living. Woodcreek North is one of the last pre-platted subdivisions in Texas making it a veritable gold mine for outside developers. It is located on a fragile ecosystem that needs protection not OVER-development!!
I, too, will never list my home with a local real estate agent. A major land company in town has agents who have nothing but their own self interests at heart- and their purse and wallet.
I'm sorry you folks in Woodcreek and Woodcreek North are being held captive by these wingnuts who own the entrances and exits to and from your neighborhoods, and hold you captive with their signs. But you have 2 other options besides staying; 1 is to move, and the other is to. be more. proactive.
"Mega signages"? So much for the objectivity and credibility of the writer.
Contrary to what some incorporation committee members are saying, a municipality does not have equal standing with the Texas Commission on Environmental Quality (TCEQ) in setting utility rates. Municipalities are subservient to the Commission’s authority. If not, why do cities have to petition the commission for consideration of their requests?
If the incorporation were to pass, the Mayor and Council cannot be elected until November since Texas law only provides for two elections a year. The proponents say “volunteers” will run the Village until the November election. They also claim these volunteers will even be able to negotiate franchise fees with the utilities. The structure of this volunteer government has not been disclosed. Who picks them? Who accepts them? Who gives them authority? Texas law makes no allowance for, or authorizes this “Volunteer Mayor and Council”. They would have no legal authority or have the funds to do anything for the residents of the Village. I’d say this is more than a Boondoggle, it is another example of the lack of planning by the incorporation committee. They say "no taxes". Have you ever heard of a government entity that could tax and didn't?
The one thing that is worse than greedy developers is more government. I'll vote "Against" this incorporation.
BTW I do live in the targeted area.
Well thought out, and well articulated #5. Most reasoned argument I've heard yet.
Got an opinion on pipelining in fresh water to Wimberley from the outside?
How about the HCGCD?
“Got an opinion on pipelining in fresh water to Wimberley from the outside?”
I’ve never been sort on opinions. Piping in surface water will happen no matter what we do. The ground water cannot sustain the Wimberley area for much longer. Those that say they don’t want surface water here are usually anti-development types that did not learn from history.
Just because you don’t build it, doesn’t mean they won’t come. Austin found that out back in the eighties and spent decades trying to catch-up with the influx that came anyway. #5
#5 You might want to read the Texas Water Code especially 13.042. Perhaps you should then amend your comments which I seriously doubt you will.
If you read the next section 13.043, it waters down 13.042 to the point of unimportance. Be sure to read 13.043 in its entirety.
Texas Water Code 13.043: A not so hypothetical; If the Village of Jacob’s Well set a water rate that Aqua-Texas did not like, (and they won’t) ATI can appeal the rate to the TCEQ and that commission’s decision would take precedent. Of course the appeal may be appealed and back and forth. The legal costs will be enormous and the lawyers get rich and the customers are right back where we were, except a little bit poorer. The TCEQ does not have a stellar record of keeping ATI in check except to speak harshly to them about their leaks.
So the municipality does not have the apparent power assumed in Section 13.042 as I mentioned previously. #5
#5 Yes Aqua Texas could and probably would mount an appeal. That is their normal M.O. but with all the harsh light recently shed on the TCEQ I seriously doubt the Commission would be so quick in ruling in favor of yet another rate increase. The Texas Water Code calls for the Commission to act as competition where water/sewer utilities are concerned because these companies are monopolies. When it comes to Aqua Texas, TCEQ has not complied with this regulation (among many others...believe me). TCEQ Region 11 has failed time and again to protect the consumer and our natural resources. Unincorporated areas do not have the standing a municipality has. Ask the people from Woodcreek North who showed up for the last rate increase hearings and they will tell you they were turned away. Of interest, the TCEQ's rationale for giving Aqua Texas these rate increases over the years was because (a direct quote from Isaac Jackson of TCEQ) "they have to fix the system". Aqua Texas has not fixed the system. Now Aqua Texas has applied for a 9.4 million dollar loan from the Texas Water Development Board to finally "fix the system" (the improvements would equal over 25 miles in linear feet according to their loan application). That is proof positive that they have not fixed anything and definitely have not earned these rate increases. We would like to see their customers receive justice in the form of a rebate check for the increased rates they have had to pay all these years dating back to the first rate increase plus their capital improvement charges which are a $19.88 monthly charge and the legal fees TCEQ allowed Aqua Texas to recoup in the amount of $2.50 for water and $2.50 for sewer. When Morris Haggerton was Mayor of the City of Woodcreek they did negotiate with Aqua Texas and although their citizens still pay high rates these rates are in no way as high as the residents of Woodcreek North. I hope someday the public and our elected officials will demand that the Attorney General look into this sordid relationship between Aqua Texas, the TCEQ and the House Committee on Natural Resources.
Incorporation is not the answer for our water rates, at least not this weak and confused attempt. This push for incorporation has been primarily by the members of the W.P.O.A. board of directors. In fact, they loaned the committee for incorporation (themselves?) $2000 to finance the campaign and for the “vote yes” yellow signs that are starting to popup. Their so-called “City Attorney” is probably salivating at the prospect of extended litigation with ATI over water rates. I wonder what the IRS would say about a non-profit organization financing a political campaign?
The people of Woodcreek North are really suffering and adding another layer of government with taxing authority is not going to help at all. This is not a rich community and many people here cannot afford these terrible rates. If I thought incorporation would help, I’d vote for it in a minute, but it simply will make maters worse.
This blog has shed some light on the water rate obscenity in Woodcreek North like nothing else has. The publicity that these rates are so high in the subdivision need to be shouted from the hills in hope that some potential home buyers get the message not to buy here until the rates go way down. Any real estate broker that does not share this with potential buyers should lose their license. People that already moved here recently should sue their broker for not disclosing the high rates. They knew or should have known this fact.
My last water/sewer bill was $170 for about 3000 gallons of water used. ATI is even billing us for their legal costs in the last rate dispute. That would have been a $35 bill anywhere else, except The City of Woodcreek which also has Aqua-Texas and is already incorporated.
When we bought our house, we dealt with 4 RE brokers in the Wimberley area, none said a word, and I say a pox on all 4. The title company and the mortgage broker mentioned nothing about these rates either. Partners in crime, I’d say.
There are home owners out here right now that don’t want this to get out since it will hurt their attempts to sell out and leave. I’m here and I’m going to stay and fight the bastards. Our local politicians have turned a deaf ear to the problem and are too busy gearing up for the next election, to help. Besides they would offend their financial supporters. Will Conley, does not have to pay these rates and his RE buddies would like to keep this quite, so he says nothing. Where are Liz Sumter, Patrick Rose, Jeff Wentworth and our secessionist Governor on this matter? Probably sitting on their rumps saying, “I had no idea” or “It’s not my job”. Maybe one of them will order a useless 2 million dollar study. You just got to love Texas politics!
To answer a few questions. As far as taxes. It was asked is there are any municipality that don't have a property tax and yes, there are. The Village of Wimberley does not have a property tax and the City of Uhland, also in Hays County for over 10 years did not have a property tax. They just instituted one last year. So, taxes aren't always the next thing to come.
As for Liz Sumter. Sumter led the charge to stop Aqua Texas from dumping 800,000 gallons a day into a creek in your neighborhood that would have surely destroyed Jacobs Well. Sumter in the late 90's defeated a water rate increase, in the early 2000 after AT had won a small rate increase challenged TCEQ to make sure that the rate charged to the City of Woodcreek would be the same for Woodcreek North. Sumter, when the rates were not the same challenged TCEQ but got no results.
Sumter also worked for incorporation twice in Woodcreek North. She predicted what is happening now. Inequity when dealing with utilities and other government agencies, inability to control their entrances and what got developed within and outside of Woodcreek North.
Sumter has not dropped the ball or looked the other way when it comes to Woodcreek North. I don't know what she is doing now in regards to Woodcreek North, but before you think she is sitting on her 'rump' maybe someone should ask her.
Oh, and just so you know. She served on the board of WVWA and received an award from them for her efforts in Woodcreek North.
One thing incorporation into a municipality does, is make the citizens of that city an easy target for all kinds of special interest groups like environmentalists to sue everyone in the area as one class. Unincorporated areas cause them problems since they to have to sue individual residents or the next level of government up, the County. The point here is the municipality would have to take on the financial burden of defending the suits or simple compliance. The Federal Government (EPA for instance) likes to place all kinds of regulations on municipalities. Guess where the money for compliance would come from.
The City of Wimberley has a sales tax that gives them revenue from their businesses but there is a limit as to how long that will support the City. Look for more property taxes in the area as the economy continues to sink. Woodcreek North has no businesses to inflict taxes on so needed funds would come from the residents. The City of Woodcreek has a property tax for that very reason.
Anybody taking note of WHERE the "NO" incorporation signs are placed??? Yup! Wimberley Springs Partners/Quicksand/Asset Management is allowing placement of those signs. BUT that entity is not advocating a vote one way or another???!!! The "please vote yes" signs are on the lawns of private citizens who are becoming more and more aware of their community and what might be possible to do to enhance that community...not just having a voice regarding AquaTexas. The coomunity realizes that development cannot be stopped but it can be controlled in an environmentally healthy manner. Doing so as a community voice with COMMUNITY involvement would have a much greater impact than as single voices.
"...destroyed Jacobs Well..."? What does that mean?
The pro-corporation answers and posts here are about as lame as the their whole campaign. They defend Liz Sumter and blast developers and builders although Liz and her husband are themselves, builders of single-family homes.
The judge has been the darling of the WPOA for some time and it seems that she allowed this proposal on the ballot without the proper paperwork and plan. Has anyone ever seen a map of the proposed borders of the Village to be? The map they showed at the last meeting was a large copy of the 1972 plat with poorly hand drawn borders and no real notation. It would seem that a written description of the area and which neighborhoods are included would be required as well.
How is the election judge supposed to know who can and cannot vote on this proposal? The map is weak and many residents in Woodcreek North are not supposed to vote on it because the are in the ETJ of the City of Woodcreek or Wimberley. People that live on the eastern two thirds of Wood Acre, Pleasant Valley from the entrance to the first creek crossing, Sandy Bluff and Happy Hollow, among others are in that excluded area.
Oh, One more thing, ask citizens of Wimberley if they regret voting for incorporation. Most will say, yes! and many are trying to disincorporate.
Realtors, developers and Aqua Texas versus the residents of Woodcreek North...the battle begins (again).
Woodcreek North Residents: it took time for your voices to be heard regarding the developers who sought to beat you down, drag your properties down by not paying maintenance fees on the many properties they own. By virtue of pressures brought to bear on several fronts, those fees were ultimately paid and some inroads were made into "making nice" with the community. Looks like that all is being shot to h...! No more nice, nice! The developer really doesn't want to see an incorporation; a planning and zoning committee might hamper their master plan; their contracts with ancillary entities;tyrannical deed restrictions (100+ pages available for public viewing online). So much for restructuring the public image as alluded to at a recent open meeting. Back to the ugly "business as usual". This really boils down to our neighborhood getting out to vote. Every vote counts! Simple majority rules!! You Go, Woodcreek North! Show 'em that the little guy can win! Remember the Little Engine that Could!!!
There is only one issue to be addressed in the Jacobs Well incorporation election. Are those of us who live in the area going to govern ourselves, or are we going to allow ourselves to be stampeded by mushrooming "NO" signs into voting against our own best interests? We live here. We want to stay here. We want a community that operates for the good of residents and not simply as a source of income for real estate companies and developers.
Make no mistake about the intentions of the opposition. Stop, think, and remember this:
No one will govern us better than we will govern ourselves.
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