By Marty Kufus
Wilson County News

FALLS CITY — A state inspector has agreed to write a letter in "layman’s terms" to explain the need for a few reluctant landowners to sign "sanitary-control easements" for the protection of the town’s water wells, municipal officials said last week.

The Texas Natural Resource Conservation Commission requires the easements from the owners of land immediately around the municipal water plant.

That signatory list comprises City Hall and five residents whose property lies within 150 feet of the facility. The town has two "artesian-type" Carrizo Aquifer wells there, each some 3,600 feet deep, according to discussion.

The purpose of TNRCC’s policy is to prevent the burying of septic tanks and fuel tanks or the location of feedlots and substandard water wells close enough to contaminate public-supply wells, officials said.

Mayor Pro Tem Steven Swierc said he and City Secretary Ladonna Morris recently spoke with the TNRCC inspector.

Two of the five private landowners have yet to agree to sign easements, according to discussion.

"On the part of the landowners there was a misunderstanding" as to the reason for the easement, Swierc said.

"I’m telling you," Councilman Gery Jendrusch said, "that ‘easement’ is what’s scaring people …"

"That’s the dirty word," agreed utility worker Charles Moczygemba.

This type of easement does not grant public access to the private properties, and restricts only those possible sources of contamination, according to discussion.

Councilmen Brent Houdmann, John Melton Jr., and Ralph Bollman also attended the March 13 meeting. Mayor Vi Malone was absent.

One of the landowners who signed a sanitary-control easement, Grover Howell, had asked the council for a two-year property-tax abatement in return.

The council last week expressed its appreciation for his cooperation, but turned down the request.

Like municipal governments all across Texas now, the council reconsidered its role in regulating the development of nearby subdivisions.

Recent legislation in Austin requires either a municipal or county government to formally accept responsibility for the regulation of a residential development within a municipal extra-territorial jurisdiction (ETJ). The deadline is April 1.

With the size of its population, Falls City’s ETJ extends one-half mile beyond its municipal limits.

City Secretary Morris told the council that County Attorney Bob Busselman already had said the county lacked the means to regulate future subdivisions in municipal ETJs.

The council unanimously approved an agreement in which City Hall is "authorized to exercise exclusive jurisdiction to regulate subdivision plats and approved related permits" in the town’s ETJ.

The one-year agreement requires adoption by the Karnes County Commissioners’ Court, too.

The council also:

oReappointed Michael Dziuk to a one-year term as municipal fire marshal.

oInstructed the municipal staff to research property lines and the costs of material for a possible extension of the Elwood Street drop structure’s drainage.

oDecided to let City Attorney Acie McAda clarify some points in a proposed "nuisance abatement" ordinance. Once approved, it would take the place of some older ordinances that deal with unkempt lots, junked vehicles, and abandoned buildings.

oDiscussed Austin consultant Judy Langford’s Feb. 19 memo on the requirements in an application for a grant being offered by the Texas Parks and Wildlife Department. That money, if awarded to Falls City, would be used in a major improvement project at the Veterans Park.

The grant’s "local matching" requirement could be met through the "in-kind" use of labor donated by local organizations, according to discussion.

The council took no action on the grant’s application. It approved Morris’ suggestion to solicit comments from the public ahead of the council’s next monthly meeting.

oAppointed Eva Chapa and Cathy Gonzales to the board of the Falls City Housing Authority.