| (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, or 50 persons who own property in the proposed district,
if more than 50 people own real property in the proposed 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
(F) a resolution of municipality in support of creation,
if inside a city;
(2) a preliminary plan or report providing sufficient
details on the purpose and projects of district as allowed in Texas
Local Government Code, Chapter 375, including budget, statement of
expenses, revenues, and sources of such revenues;
(3) 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;
(4) affidavits by those persons desiring appointment
by the commission as initial directors, showing compliance with applicable
statutory requirements of qualifications and eligibility for initial
directors, in accordance with Texas Local Government Code, §375.063;
and
(5) 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.
|
| Source Note: The provisions of this §293.11 adopted to be effective October 22, 1996, 21 TexReg 9905; 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 July 31, 2008, 33 TexReg 5936; amended to be effective April 21, 2013, 38 TexReg 2372; amended to be effective January 3, 2019, 43 TexReg 8628 |
