| (E) a request specifying each purpose for which the
proposed district is being created; and
(F) if the proposed district also seeks approval of
an impact fee, a request for approval of an impact fee and the amount
of the requested fee;
(2) the legal description accompanying the resolution
requesting conversion of a water supply or sewer service corporation,
as defined in TWC, §65.001(10), to a special utility district
that conforms to the legal description of the service area of the
corporation as such service area appears in the certificate of public
convenience and necessity held by the corporation. Any area of the
corporation that overlaps another entity's certificate of convenience
and necessity must be excluded unless the other entity consents in
writing to the inclusion of its dually certified area in the district;
(3) a plat showing boundaries of the proposed district
as described in the petition;
(4) a preliminary plan (22 - 24 inches by 36 inches
or digital data in electronic format) showing the location of existing
facilities including highways, roads, and other improvements, together
with the location of proposed utility mains and sizing, general drainage
patterns, principal drainage ditches and structures, utility plant
sites, recreational areas, commercial and school sites, areas within
the 100-year flood plain and 100-year floodway, and any other information
pertinent to the project including an inventory of any existing water
or wastewater facilities;
(5) a preliminary engineering report including the
following information unless previously provided to the commission:
(A) a description of existing area, conditions, topography,
and any proposed improvements;
(B) existing and projected populations;
(C) for proposed system expansion:
(i) tentative itemized cost estimates of any proposed
capital improvements and itemized cost summary for any anticipated
bond issue requirement; and
(ii) an investigation and evaluation of the availability
of comparable service from other systems including, but not limited
to, water districts, municipalities, and regional authorities;
(D) water and wastewater rates;
(E) projected water and wastewater rates;
(F) an evaluation of the effect the district and its
system and subsequent development within the district will have on
the following:
(i) land elevation;
(ii) subsidence;
(iii) groundwater level within the region;
(iv) recharge capability of a groundwater source;
(v) natural run-off rates and drainage; and
(vi) water quality; and
(G) complete justification for creation of the district
supported by evidence that the project is feasible, practicable, necessary,
and will benefit all of the land to be included in the district;
(6) a certified copy of a certificate of convenience
and necessity held by the water supply or sewer service corporation
applying for conversion to a special utility district;
(7) a certified copy of the most recent financial report
prepared by the water supply or sewer service corporation;
(8) if requesting approval of an existing capital recovery
fee or impact fee, supporting calculations and required documentation
regarding such fee;
(9) certified copy of resolution and an order canvassing
election results, adopted by the water supply or sewer service corporation,
which shows:
(A) an affirmative vote of a majority of the membership
to authorize conversion to a special utility district operating under
TWC, Chapter 65; and
(B) a vote by the membership in accordance with the
requirements of TWC, Chapter 67, and the Texas Non-Profit Corporation
Act, Texas Civil Statutes, Articles 1396-1.01 to 1396-11.01, to dissolve
the water supply or sewer service corporation at such time as creation
of the special utility district is approved by the commission and
convey all the assets and debts of the corporation to the special
utility district upon dissolution;
(10) affidavits by those persons named in the resolution
for appointment by the commission as initial directors, showing compliance
with applicable statutory requirements of qualifications and eligibility
for temporary or initial directors, in accordance with TWC, §49.052
and §65.102, where applicable;
(11) if the application includes a request for approval
of a fire plan, information meeting the requirements of §293.123
of this title, except for a certified copy of a district board resolution,
references to a district board having adopted a plan, and the additional
$100 filing fee; and
(12) other information as the executive director requires.
(i) Creation applications for TWC, Chapter 66, Stormwater
Control Districts, shall contain items listed in subsection (a) or
this section and the following:
(1) a petition as required by TWC, §§66.014
- 66.016, requesting creation of a storm water control district signed
by at least 50 persons who reside within the boundaries of the proposed
district or signed by a majority of the members of the county commissioners
court in each county or counties in which the district is proposed.
The petition shall include the following:
(A) a boundary description by metes and bounds or lot
and block number if there is a recorded map or plat and survey;
(B) a statement of the general nature of the work proposed
and an estimated cost of the work proposed; and
(C) the proposed name of the district;
(2) a map showing the district boundaries in metes
and bounds, area, physical culture, and computation sheet for survey
closure;
(3) a preliminary engineering report including:
(A) a description of the existing area, conditions,
topography, and proposed improvements;
(B) preliminary itemized cost estimate for the proposed
improvements and associated plans for financing such improvements;
(C) a listing of other entities capable of providing
same or similar services and reasons why those are unable to provide
such services;
(D) copies of any agreements, meeting minutes, contracts,
or permits executed or in draft form with other entities including,
but not limited to, federal, state, or local entities or governments
or persons;
(E) an evaluation of the effect the district and its
projects will have on the following:
(i) land elevations;
(ii) subsidence/groundwater level and recharge;
(iii) natural run-off rates and drainage; and
(iv) water quality;
(F) a table summarizing overlapping taxing entities
and the most recent tax rates by those entities; and
(G) complete justification for creation of the district
supported by evidence that the project is feasible, practical, necessary,
and will benefit all the land to be included in the district;
(4) affidavits by those persons desiring appointment
by the commission as temporary or initial directors, showing compliance
with applicable statutory requirements of qualifications and eligibility
for temporary or initial directors, in accordance with TWC, §49.052
and §66.102, where applicable; and
(5) other data as the executive director may require.
(j) Creation applications for Texas Local Government
Code, Chapter 375, Municipal Management Districts in General, shall
contain the items listed in subsection (a) of this section and the
following:
(1) a petition requesting creation signed by owners
of a majority of the assessed value of real property in the proposed
district that would be subject to assessment by the district. The
petition shall include the following:
(A) a boundary description by metes and bounds, by
verifiable landmarks, including a road, creek, or railroad line, or
by lot and block number if there is a recorded map or plat and survey;
(B) purpose(s) for which district is being created;
(C) general nature of the work, projects or services
proposed to be provided, the necessity for those services, and an
estimate of the costs associated with such;
(D) name of proposed district, which must be generally
descriptive of the location of the district, followed by "Management
District" or "Improvement District;"
(E) list of proposed initial directors and experience
and term of each; and
Cont'd... |
