| (a) A conservation and reclamation district, operating
under Texas Water Code (TWC), Chapter 54, may submit to the executive
director of the commission an application for road powers, which shall
include the following documents:
(1) a petition that will include a detailed narrative
statement of the reasons for requesting road powers and the reasons
why such powers will be of benefit to the district and to the land
that is included in the district, signed by an authorized member of
the board of directors of the district;
(2) a certified copy of the resolution of the governing
board of the district authorizing the district to petition the commission
for road powers;
(3) a certification that the district is operating
under TWC, Chapter 54, with proper statutory references;
(4) evidence that the municipality in whose corporate
limits or extraterritorial jurisdiction that any part of the district
is located has consented to the creation of the district with road
powers or has consented to the district having road powers subsequent
to creation, or that the provisions of TWC, §54.016, have been
followed;
(5) a certified copy of the latest audit of the district
performed under TWC, §§49.191 - 49.194;
(6) for districts that have not submitted an annual
audit, a financial statement of the district, including a detailed
itemization of all assets and liabilities showing all balances in
effect not later than 30 days before the date that the district submits
its request for approval with the executive director;
(7) a preliminary layout showing the proposed location
for all road facilities to be constructed, acquired, or improved by
the district;
(8) a cost analysis and detailed cost estimate of the
proposed road facilities to be designed, acquired, constructed, operated,
maintained, or improved by the district with a statement of the amount
of bonds estimated to be necessary to finance the proposed design,
acquisition, construction, operation, maintenance, and improvement;
(9) a narrative statement that will analyze the effect
of the proposed facilities upon the district's financial condition
and will demonstrate that the proposed construction, acquisition,
and improvement is financially and economically feasible for the district;
(10) any other information that may be required by
the executive director; and
(11) a filing fee in the amount of $100.
(b) A petition for creation of a district submitted
under §293.11(a) and (d) of this title (relating to Information
Required to Accompany Applications for Creation of Districts) may
also include a request for road powers, with information required
under subsection (a)(4) and (7) - (9) of this section, to also be
provided.
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| Source Note: The provisions of this §293.202 adopted to be effective September 5,1986, 11 TexReg 3748; amended to be effective October 22, 1996, 21 TexReg 9905; amended to be effective October 6, 2002, 27 TexReg 9365; amended to be effective May 5, 2005, 30 TexReg 2533; amended to be effective July 31, 2008, 33 TexReg 5936; amended to be effective October 29, 2020, 45 TexReg 7593 |
