| (B) Districts may fund the costs of bridge and culvert
crossings needed to accommodate the development's road system that
are larger than those specified in subparagraph (A) of this paragraph,
which cross channels other than natural waterways with defined bed
and banks and are necessary as a result of required channel improvements
subject to the following limitations:
(i) the drainage channel construction or renovation
must benefit property within the district's boundaries;
(ii) the costs shall not exceed a pro rata share based
on the percent of total drainage area of the channel crossed, measured
at the point of crossing, calculated by taking the total cost of such
bridge or culvert crossing multiplied by a fraction, the numerator
of which is the total drainage area located within the district upstream
of the crossing, and the denominator of which is the total drainage
area upstream of the crossing; and
(iii) the district shall be responsible for not more
than 50% of the pro rata share as calculated under this subsection,
subject to the developer's 30% contribution as may be required by §293.47
of this title.
(C) The cost of replacement of existing bridges and
culverts not constructed or installed by the developer, or the cost
of new bridges and culverts across existing roads not financed or
constructed by the developer, may be financed by the district, except
that any costs of increasing the traffic-carrying capacity of bridges
or culverts shall not be financed by the district.
(14) In evaluating district construction projects,
including those described in paragraphs (1) - (12) of this subsection,
primary consideration shall be given to engineering feasibility and
whether the project has been designed in accordance with good engineering
practices, regardless of other acceptable or less costly engineering
alternatives that may exist.
(15) Bond issue proceeds will not be used to pay or
reimburse consultant fees for the following:
(A) special or investigative reports for projects which,
for any reason, have not been constructed and, in all probability,
will not be constructed;
(B) fees for bond issue reports for bond issues consisting
primarily of developer reimbursables and approved by the commission
but which are no longer proposed to be issued;
(C) fees for completed projects which are not and will
not be of benefit to the district; or
(D) provided, however, that the limitations shall not
apply to regional projects or special or investigative reports necessary
to properly evaluate the feasibility of alternative district projects.
(16) Bond funds may be used to finance costs and expenses
necessarily incurred in the creation and organization of the district
and the operation of the district as follows.
(A) Creation and organization expenses were incurred
or projected to incur during the creation and organization period.
Operational expenses were incurred or projected to incur during construction
periods which include periods during which the district is constructing
its facilities or there is construction by third parties of aboveground
improvements within the district.
(B) Creation and organization expenses are expenses
incurred through the date of the canvassing of the confirmation election.
(C) Construction periods do not need to be continuous;
however, once reimbursement for a specific time period has occurred,
operational expenses for a prior time period are no longer eligible.
Payment of operational expenses during construction periods is limited
to five years in any single bond issue.
(D) Any reimbursement to a developer of operational
expenses with bond funds is restricted to actual operational expenses
paid by the district during the same five-year period for which application
is made in accordance with this subsection.
(E) The district may pay interest on the expenses under
this paragraph. Section 293.50 of this title (relating to Developer
Interest Reimbursement) applies to interest payments for a developer
and such payments are subject to a developer reimbursement audit.
(17) In instances where creation costs to be paid from
bond proceeds are determined to be excessive, the executive director
may request that the developer submit invoices and cancelled checks
to determine whether such creation costs were reasonable, customary,
and necessary for district creation purposes. Such creation costs
shall not include planning, platting, zoning, other costs prohibited
by paragraphs (10) and (14) of this subsection, and other matters
not directly related to the district's water, wastewater, and drainage
system, even if required for city consent.
(18) The district shall not purchase, pay for, or reimburse
the cost of facilities, either completed or incomplete, from which
it has not and will not receive benefit, even though such facilities
may have been at one time required by a city or other entity having
jurisdiction.
(19) The district shall not enter into any binding
contracts with a developer that compel the district to become liable
for costs above those approved by the commission.
(20) A district shall not purchase more water supply
or wastewater treatment capacity than is needed to meet the foreseeable
capacity demands of the district, except in circumstances where:
(A) lease payments or capital contributions are required
to be made to entities owning or constructing regional water supply
or wastewater treatment facilities to serve the district and others;
(B) such purchases or leases are necessary to meet
minimum regulatory standards; or
(C) such purchases or leases are justified by considerations
of economic or engineering feasibility.
(21) The district may finance those costs, including
mitigation, associated with flood plain regulation and wetlands regulation,
attributable to the development of water plants, wastewater treatment
plants, pump and lift stations, detention/retention facilities, drainage
channels, and levees. The district's share shall not be subject to
the developer's 30% contribution as may be required by §293.47
of this title.
(22) The district may finance those costs associated
with endangered species permits. Such costs shall be shared between
the district and the developer with the district's share not to exceed
70% of the total costs, unless unusual circumstances are present as
determined by the commission. The district's share shall not be subject
to the developer's 30% contribution under §293.47 of this title.
For purposes of this paragraph, "endangered species permit" means
a permit or other authorization issued under §7 or §10(a)
of the federal Endangered Species Act of 1973, 16 United States Code, §1536
and §1539(a).
(23) The district may finance 100% of those costs associated
with federal storm water permits. The district's share shall be subject
to the developer's 30% contribution as may be required by §293.47
of this title. For purposes of this paragraph, "federal storm water
permit" means a permit for storm water discharges issued under the
federal Clean Water Act, including National Pollutant Discharge Elimination
System permits issued by the United States Environmental Protection
Agency and Texas Pollutant Discharge Elimination System permits issued
by the commission.
(24) The district may finance the portion of an amenity
lake project that is considered a recreational facility.
(A) The portion considered a recreational facility
must be accessible to all persons within the district and is determined
as:
(i) the percentage of shoreline with at least a 30-foot
wide buffer between the shoreline and private property; or
(ii) the percentage of the perimeter of a high bank
of a combination detention facility and lake with at least a 30-foot
wide buffer between the high bank and private property.
(B) The district's share of costs for the portion of
an amenity lake project that is considered a recreational facility
is not subject to the developer's 30% contribution under §293.47
of this title.
(C) The authority for districts to fund recreational
amenity lake costs in accordance with this paragraph does not apply
retroactively to projects included in bond issues submitted to the
commission prior to the effective date of this paragraph.
(b) All projects.
(1) The purchase price for existing facilities not
covered by a preconstruction agreement or otherwise not constructed
by a developer in contemplation of resale to the district, or if constructed
by a developer in contemplation of resale to the district and the
cost of the facilities is not available after demonstrating a good
faith effort to locate the cost records should be established by an
independent appraisal by a licensed professional engineer hired by
the district. The appraised value should reflect the cost of replacement
of the facility, less repairs and depreciation, taking into account
the age and useful life of the facility and Cont'd... |
