| (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;
(7) 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, §58.072;
and
(8) other data as the executive director may require.
(g) Creation applications for TWC, Chapter 59, Regional
Districts, shall contain items listed in subsection (a) of this section
and the following:
(1) a petition, as required by TWC, §59.003, signed
by the owner or owners of 2,000 contiguous acres or more; or by the
county commissioners court of one, or more than one, county; or by
any city whose boundaries or extraterritorial jurisdiction the proposed
district lies within; or by 20% of the municipal districts to be included
in the district. The petition shall contain:
(A) a description of the boundaries by metes and bounds
or lot and block number, if there is a recorded map or plat and survey
of the area;
(B) a statement of the general work, and necessity
of the work;
(C) estimated costs of the work;
(D) name of the petitioner(s);
(E) name of the proposed district; and
(F) if submitted by at least 20% of the municipal districts
to be included in the regional district, such petition shall also
include:
(i) a description of the territory to be included in
the proposed district; and
(ii) endorsing resolutions from all municipal districts
to be included;
(2) evidence that a copy of the petition was filed
with the city clerk in each city where the proposed district's boundaries
cover in whole or part;
(3) if land in the corporate limits or extraterritorial
jurisdiction of a city is proposed, documentation of city consent
or documentation of having followed the process outlined in TWC, §59.006;
(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;
and
(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;
(5) 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, as required by TWC, §49.052
and §59.021;
(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 information as the executive director may
require.
(h) Creation applications for TWC, Chapter 65, Special
Utility Districts, shall contain items listed in subsection (a) of
this section and the following:
(1) a certified copy of the resolution requesting creation,
as required by TWC, §65.014 and §65.015, signed by the president
and secretary of the board of directors of the water supply or sewer
service corporation, and stating that the corporation, acting through
its board of directors, has found that it is necessary and desirable
for the corporation to be converted into a district. The resolution
shall include the following:
(A) a description of the boundaries of the proposed
district by metes and bounds or by lot and block number, if there
is a recorded map or plat and survey of the area, or by any other
commonly recognized means in a certificate attached to the resolution
executed by a licensed engineer;
(B) a statement regarding the general nature of the
services presently performed and proposed to be provided, and the
necessity for the services;
(C) name of the district;
(D) the names of not less than five and not more than
11 qualified persons to serve as the initial board;
Cont'd... |
