| (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;
(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;
Cont'd... |
