| (9) affidavits by those persons desiring appointment
by the commission as temporary directors, showing compliance with
applicable statutory requirements of qualifications and eligibility
for temporary directors, in accordance with TWC, §49.052 and §54.102;
(10) 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;
(11) if the petition within the application includes
a request for road powers, information meeting the requirements of §293.202(b)
of this title (relating to Application Requirements for Commission
Approval); and
(12) other data and information as the executive director
may require.
(e) Creation applications for TWC, Chapter 55, Water
Improvement Districts, within two or more counties shall contain items
listed in subsection (a) of this section and the following:
(1) a petition containing the matters required by TWC, §55.040,
signed by persons holding title to more than 50% of all land in the
proposed district as indicated by county tax rolls, or by 50 qualified
property taxpaying electors. The petition shall include the following:
(A) name of district; and
(B) area and boundaries of district;
(2) a map showing the district boundaries in metes
and bounds, area, physical culture, and computation sheet for survey
closure;
(3) 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,
wastewater, or drainage facilities;
(4) a preliminary engineering report including as appropriate:
(A) a description of existing area, conditions, topography,
and proposed improvements;
(B) land use plan;
(C) 100-year flood computations or source of information;
(D) existing and projected populations;
(E) tentative itemized cost estimates of the proposed
capital improvements and itemized cost summary for anticipated bond
issue requirement;
(F) projected tax rate and water and wastewater rates;
(G) an investigation and evaluation of the availability
of comparable service from other systems including, but not limited
to, water districts, municipalities, and regional authorities;
(H) an evaluation of the effect the district and its
systems 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;
(I) a table summarizing overlapping taxing entities
and the most recent tax rates by those entities; and
(J) complete justification for creation of the district
supported by evidence that the project is practicable, would be a
public utility, and would serve a beneficial purpose;
(5) a certificate by the central appraisal district
indicating the owners and tax valuation of land within the proposed
district as reflected on the county tax rolls as of the date of the
petition. If the tax rolls do not show the petitioner(s) to be the
owners of the majority of the land within the proposed district, then
the petitioner(s) shall submit to the executive director a certified
copy of the deed(s) tracing title from the person(s) listed on the
central appraisal district certificate as owners of the land to the
petitioner(s) and any additional information required by the executive
director necessary to show accurately the ownership of the land to
be included in the district;
(6) 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
(7) other data and information as the executive director
may require.
(f) Creation applications for TWC, Chapter 58, Irrigation
Districts, within two or more counties, shall contain items listed
in subsection (a) of this section and the following:
(1) a petition containing the matters required by TWC, §58.013
and §58.014, signed by persons holding title to land representing
a total value of more than 50% of the value of all land in the proposed
district as indicated by county tax rolls, or if there are more than
50 persons holding title to land in the proposed district, the petition
can be signed by 50 of them. The petition shall include the following:
(A) name of district;
(B) area and boundaries;
(C) provision of the Texas Constitution under which
district will be organized;
(D) purpose(s) of district;
(E) statement of the general nature of the work to
be done and the necessity, feasibility, and utility of the project,
with reasonable detail; and
(F) statement of the estimated costs of the project;
(2) evidence that the petition was filed with the office
of the county clerk of the county(ies) in which the district or portions
of the district are located;
(3) a map showing the district boundaries in metes
and bounds, area, physical culture, and computation sheet for survey
closure;
(4) a preliminary plan (22 - 24 inches by 36 inches
or digital data in electronic format) showing as applicable the location
of existing facilities including highways, roads, and other improvements,
together with the location of proposed irrigation facilities, general
drainage patterns, principal drainage ditches and structures, sites,
areas within the 100-year flood plain and 100-year floodway, and any
other information pertinent to the project;
(5) a preliminary engineering report including the
following as applicable:
(A) a description of existing area, conditions, topography,
and proposed improvements;
(B) land use plan, including a table showing irrigable
and non-irrigable acreage;
(C) 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;
(D) tentative itemized cost estimates of the proposed
capital improvements and itemized cost summary for anticipated bond
issue requirement;
(E) proposed budget including projected tax rate and/or
fee schedule and rates;
(F) an investigation and evaluation of the availability
of comparable service from other systems including, but not limited
to, water districts, municipalities, and regional authorities;
(G) an evaluation of the effect the district and its
systems 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;
(H) a table summarizing overlapping taxing entities
and the most recent tax rates by those entities; and
(I) complete justification for creation of the district
supported by evidence that the project is feasible, practicable, necessary,
and will benefit all of the land and residents to be included in the
district and will further the public welfare;
(6) a certificate by the central appraisal district
indicating the owners and tax valuation of land within the proposed
district as reflected on the county tax rolls as of the date of the
petition or any amended petition. If the tax rolls do not show the
petitioner(s) to be the owners of the majority of value of the land
within the proposed district, then the petitioner(s) shall submit
to the executive director a certified copy of the deed(s) tracing
title from the person(s) listed on the central appraisal district
certificate as owners of the land to the petitioner(s) and any additional
information required by the executive director necessary to show accurately
the ownership of the land to be included in the district;
Cont'd... |
