(a) Creation applications for all types of districts,
excluding groundwater conservation districts, shall contain the following:
(1) $700 nonrefundable application fee;
(2) if a proposed district's purpose is to supply fresh
water for domestic or commercial use or to provide wastewater services,
roadways, or drainage, a certified copy of the action of the governing
body of any municipality in whose extraterritorial jurisdiction the
proposed district is located, consenting to the creation of the proposed
district, under Texas Local Government Code, §42.042. If the
governing body of any such municipality fails or refuses to grant
consent, the petitioners must show that the provisions of Texas Local
Government Code, §42.042, have been followed;
(3) if city consent was obtained under paragraph (2)
of this subsection, provide the following:
(A) evidence that the application conforms substantially
to the city consent; provided, however, that nothing in this chapter
shall prevent the commission from creating a district with less land
than included in the city consent; and
(B) evidence that the city consent does not place any
conditions or restrictions on a district other than those permitted
by Texas Water Code (TWC), §54.016(e) and (i);
(4) a statement by the appropriate secretary or clerk
that a copy of the petition for creation of the proposed district
was received by any city in whose corporate limits any part of the
proposed district is located;
(5) evidence of submitting a creation petition and
report to the appropriate commission regional office;
(6) if substantial development is proposed, a market
study and a developer's financial statement;
(7) if the petitioner is a corporation, trust, partnership,
or joint venture, a certificate of corporate authorization to sign
the petition, a certificate of the trustee's authorization to sign
the petition, a copy of the partnership agreement or a copy of the
joint venture agreement, as appropriate, to evidence that the person
signing the petition is authorized to sign the petition on behalf
of the corporation, trust, partnership, or joint venture;
(8) a vicinity map;
(9) unless waived by the executive director, for districts
where substantial development is proposed, a certification by the
petitioning landowners that those lienholders who signed the petition
or a separate document consenting to the petition, or who were notified
by certified mail, are the only persons holding liens on the land
described in the petition;
(10) if the petitioner anticipates recreational facilities
being an intended purpose, a detailed summary of the proposed recreational
facility projects, projects' estimated costs, and proposed financing
methods for the projects as part of the preliminary engineering report;
and
(11) other related information as required by the executive
director.
(b) Creation application requirements and procedures
for TWC, Chapter 36, Groundwater Conservation Districts, are provided
in Subchapter C of this chapter (relating to Special Requirements
for Groundwater Conservation Districts).
(c) Creation applications for TWC, Chapter 51, Water
Control and Improvement Districts, within two or more counties shall
contain items listed in subsection (a) of this section and the following:
(1) a petition as required by TWC, §51.013, requesting
creation signed by the majority of persons holding title to land representing
a total value of more than 50% of value of all land in the proposed
district as indicated by tax rolls of the central appraisal district,
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 of district;
(C) constitutional authority;
(D) purpose(s) of district;
(E) statement of the general nature of work and necessity
and feasibility of project with reasonable detail; and
(F) 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, 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 the
following as applicable:
(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,
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, §49.052
and §51.072;
(8) if the application includes a request for approval
of a fire plan, information meeting the requirements of §293.123
of this title (relating to Application Requirements for Fire Department
Plan Approval), 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
(9) other information as required by the executive
director.
(d) Creation applications for TWC, Chapter 54, Municipal
Utility Districts, shall contain items listed in subsection (a) of
this section and the following:
(1) a petition containing the matters required by TWC, §54.014
and §54.015, 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 tax rolls of the central appraisal district.
The petition shall include the following:
(A) name of district;
(B) area and boundaries of district described by metes
and bounds or lot and block number, if there is a recorded map or
plat and survey of the area;
(C) necessity for the work;
(D) statement of the general nature of work proposed;
and
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