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RULE §293.15Addition of Wastewater and/or Drainage Powers and Conversion of Districts into Municipal Utility Districts

(a) Any water improvement district, water control and improvement district, fresh water supply district, levee improvement district, irrigation district or any other conservation and reclamation district or any special utility district created under the Texas Constitution, Article XVI, §59, may be converted into a municipal utility district operating under the Texas Water Code, Chapter 54 or obtain additional wastewater and/or drainage powers.

(b) The application shall be accompanied by the following:

  (1) a certified copy of the resolution adopted by the board of directors requesting the commission to hold a hearing on the question of conversion of the district or the addition of wastewater and/or drainage powers for the district;

  (2) a $700 application fee;

  (3) unless waived by the executive director, 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 any other information pertinent to the project;

  (4) unless waived by the executive director, a preliminary engineering report including:

    (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, if any and itemized cost summary for anticipated bond issue requirements;

    (F) projected tax rate and water and wastewater rates; and

    (G) total tax assessments on all land within the district.

  (5) other data and information as the executive director may require.

(c) Prior to the hearing, the following requirements shall be met with evidence of such compliance filed with the chief clerk at or prior to the hearing:

  (1) Notice of the hearing in a form issued by the chief clerk shall be given by publishing notice in a newspaper with general circulation in the county or counties in which the district is located. The notice shall be published once a week for two consecutive weeks with the first publication to be made not less than 14 days before the time set for the hearing. The notice shall:

    (A) state the time and place of the hearing;

    (B) set out the resolution adopted by the district in full; and

    (C) notify all interested persons to appear and offer testimony for or against the proposed contained in the resolution.

  (2) the district shall file its resolution requesting conversion or additional powers with the city secretary or clerk of each city, in whose corporate limits or extraterritorial jurisdiction any part of the district is located, concurrently with submitting its application for conversion to the commission.

(d) A special utility district formed pursuant to the Texas Water Code, Chapter 65, which applies for conversion to a district having taxing authority that provides water, wastewater or other public utility services, must comply with the requirements of Local Government Code, §42.042.

Source Note: The provisions of this §293.15 adopted to be effective October 22, 1996, 21 TexReg 9905; amended to be effective June 5, 1998, 23 TexReg 5715.

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