(h) Certification by licensed professional engineer.
Prior to the district purchasing or obligating district funds for
the purchase of sites for water plants, wastewater plants, or lift
or pump stations, the district must have a licensed professional engineer
certify that the site is suitable for the purposes for which it intended
and identify what areas will need to be designated as buffer zones
to satisfy all entities with jurisdictional authority.
(i) Joint recreational and drainage/detention sites
without a constant level lake. If a drainage/detention site will also
be used for recreational facility purposes, the costs are allocated
50% to drainage/detention and 50% to recreational purposes. If the
recreational facility site includes an existing drainage/detention
easement, then the area used to determine the reimbursement amount
for the site excludes the area of the existing easement.
(j) Notwithstanding subsections (d) and (i) of this
subsection, a district is not required to prorate the costs of a site
between the primary water, wastewater, or drainage purpose and any
secondary recreational facilities purpose if a licensed professional
engineer certifies that the site is reasonably sized for the primary
water, wastewater, or drainage purpose pursuant to the provisions
of TWC, §49.4641, as amended.
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Source Note: The provisions of this §293.51 adopted to be effective September 5, 1986, 11 TexReg 3736; amended to be effective June 30, 1993, 18 TexReg 3758; amended to be effective April 15, 1994, 19 TexReg 2301; amended to be effective June 5, 1998, 23 TexReg 5715; amended to be effective September 14, 2000, 25 TexReg 8955; amended to be effective October 6, 2002, 27 TexReg 9365; amended to be effective May 5, 2005, 30 TexReg 2533; amended to be effective October 26, 2006, 31 TexReg 8699; amended to be effective April 21, 2013, 38 TexReg 2372; amended to be effective November 13, 2014, 39 TexReg 8730 |