| (E) statement of estimated cost of 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 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;
(5) 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 feasible, practicable, necessary,
and will benefit all of the land to be included in the district;
(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. 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) a certified copy of the action of the governing
body of any municipality in whose corporate limits or extraterritorial
jurisdiction that the proposed district is located, consenting to
the creation of the proposed district under TWC, §54.016. For
districts to be located in the extraterritorial jurisdiction of any
municipality, if the governing body of any such municipality fails
or refuses to grant consent, the petitioners must show that the provisions
of TWC, §54.016 have been followed;
(8) for districts proposed to be created within the
corporate boundaries of a municipality, evidence that the city will
rebate to the district an equitable portion of city taxes to be derived
from the residents of the area proposed to be included in the district
if such taxes are used by the city to finance elsewhere in the city
services of the type the district proposes to provide. If like services
are not to be provided, then an agreement regarding a rebate of city
taxes is not necessary. Nothing in this subsection is intended to
restrict the contracting authorization provided in Texas Local Government
Code, §402.014;
(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,
54.022, 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
Cont'd... |
