| (a) Petition. A petition to form a RUD, or for a conservation
and reclamation district to acquire RUD powers, must include the following
documents:
(1) all information required by Transportation Code, §441.019;
(2) the names, addresses, and signatures of holders of title
to all the land within the proposed RUD, as shown by the county tax rolls;
(3) a $5,000 nonrefundable filing fee made payable to the department;
(4) a scale map showing the boundaries of the RUD and drawn
on plan sheets not larger than 22 inches by 36 inches, a metes and bounds
description, and a computation sheet for survey closure;
(5) a plan sheet that is not larger than 22 inches by 36 inches
showing the boundaries of the RUD, existing topography including streams,
highways, roads, and other improvements;
(6) preliminary plans;
(7) an approval statement from the governmental entity;
(8) an engineering report including:
(A) a vicinity map;
(B) the cost of right of way acquisition, including justification
that the cost represents an equitable and fair market value or a statement
that the right of way and easements will be acquired at no cost;
(C) the projected useful life of the facility and the expected
costs of maintenance;
(D) a comprehensive study showing the justification for creation
of the RUD supported by evidence that the proposed facility is feasible and
necessary and that the proposed RUD and facility will be a benefit to land
included in the RUD;
(9) a financial study of the proposed RUD and surrounding area,
prepared by an independent consultant, that includes:
(A) projected bond requirements, including;
(i) the estimated cost of the facility;
(ii) all other estimated costs of the RUD;
(iii) a finding that the RUD will be financially able to issue
and pay bonds of the RUD and all other costs with projected revenues;
(B) economic feasibility, including:
(i) a table showing the projected tax rates and fees over the
life of the bond period;
(ii) total tax assessments;
(iii) a table showing the total debt encumbering the land within
the RUD, including any debt payable from taxes levied by an entity under the
provisions of the Texas Constitution, Article III, §52;
(iv) a projection of the assessed valuation of the real property
on a yearly basis from the date of filing to the projected date on which the
facility will be completed;
(10) a certificate from the central appraisal district or the
tax assessor of each county in which the proposed RUD is located indicating
the owners and tax valuation of the real property within the proposed RUD
as reflected on the county or counties tax rolls, or if the tax rolls do not
show that each applicant is an owner of land within the proposed RUD, a certified
copy of deeds tracing title from the person listed on the county tax rolls
as owner to the applicant;
(11) a certificate from the municipal clerk or secretary and
the county clerk that a copy of the preliminary plans for creation of the
proposed RUD was received by each municipality in whose extraterritorial jurisdiction
the proposed RUD is located and by the commissioners court of each county
in which the proposed RUD is located;
(12) a specific chronological history showing compliance with
all the requirements of Transportation Code, Chapter 441;
(13) a proposed order of the commission providing for the public
hearing and giving notice of the hearing;
(14) a list of at least five potential temporary directors
who are eligible under subsection (c)(3) of this section, with their resumes;
and
(15) other information that the commission may require.
(b) Hearing. On receipt of a completed petition, the department
will conduct a hearing.
(1) Appointment of hearing officer. The executive director
will appoint a hearing officer. The hearing officer will set the time and
place of the hearing and conduct the hearing. At least 30 days before the
hearing, the hearing officer will send notice of the hearing by first class
mail to each person specified by Transportation Code, §441.023.
(2) Published notice of hearing. The applicant shall publish
notice of the hearing in a newspaper of general circulation in each county
in which the proposed RUD is to be located. The notice shall be published
once per week for two consecutive weeks, with the first publication occurring
at least 30 days before the date set for the hearing. The notice shall include:
(A) a vicinity map showing the location of the proposed RUD
in relation to roads and other major landmarks;
(B) the exact location of the facility as nearly as it can
be described;
(C) the applicant's anticipated construction and completion
schedule, and an estimate of the facility's cost;
(D) the applicant's name and mailing address;
(E) a description of the nature and purpose of the petition
to enable any interested party to be reasonably apprised of the benefits and
necessity of the RUD;
(F) a statement that any interested party is entitled to appear
at a hearing; and
(G) the date, time, and place of hearing.
(3) Proof of notice. The applicant shall provide proof of proper
notice of the hearing. This proof shall consist of the publisher's affidavit,
including the name of the newspaper, the title of the affidavit, the dates
of publication, and the counties in which the newspaper is of general circulation.
A newspaper tearsheet of the published notice shall be attached to the affidavit.
Proof of notice will be accepted as an exhibit at the hearing.
(c) Approval.
(1) Order. After the conclusion of the hearing, the commission
will issue an order either granting the creation of the RUD and approving
the plans or denying the petition and disapproving the plans.
(2) Criteria. The commission may consider the following criteria
in deciding whether to approve a petition.
(A) Structural integrity. The construction plans shall be based
on sound established engineering principles and be compatible with the requirements
of the county and municipality in whose jurisdiction the RUD is located and
with the design criteria of the department. Consideration will be given to
any possible effects on existing roads and drainage works.
(B) Safety. A facility shall be designed so it will not significantly
increase flooding and endanger any person's life or property. The commission
will not approve a facility that will significantly increase flooding on any
person's land without that person's written consent.
(C) Rights of third parties. The commission may consider the
rights of other third parties.
(D) Coordination. A facility shall be designed so that each
phase, if it is designed in phases, shall itself be a complete facility forming
a coordinate part of the finished facility. The successful operation of each
phase shall coordinate with the successful operation of other phases within
the same facility.
(E) Environmental effects. The commission may consider all
environmental effects of the facility in its evaluation, including specifically
scenic and landscaping matters.
(3) Temporary directors. The commission will appoint not more
than five temporary directors from the list in the petition. These temporary
directors will serve until their successors are elected and qualified for
office. A temporary director must be at least 18 years old and a resident
citizen of Texas and must either own land subject to taxation in a county
in which the proposed RUD is located or be a registered voter within the proposed
RUD.
(4) Debt limitations. The commission may limit a RUD's ability
to incur debt to any amount up to 20% of the assessed value of the real property
within the RUD. If the county commissioners court of each county in which
the RUD is located consents to a greater debt limitation, the commission may
limit the RUD's ability to incur debt to any amount up to 25% of the assessed
value of the real property within the RUD.
|
