Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter K - ROAD UTILITY DISTRICTS › Section 15.133 - Creation

Current through Reg. 49, No. 28; July 12, 2024
(a) Petition. A petition to form a RUD, or
				  for a conservation and reclamation district to acquire RUD powers, must include
				  the following documents:
(1) all information
				  required by Transportation Code, §
											441.019;
(2) the names, addresses, and signatures of
				  holders of title to all the land within the proposed RUD, as shown by the
				  county tax rolls;
(3) a $5,000
				  nonrefundable filing fee made payable to the department;
(4) a scale map showing the boundaries of the
				  RUD and drawn on plan sheets not larger than 22 inches by 36 inches, a metes
				  and bounds description, and a computation sheet for survey closure;
(5) a plan sheet that is not larger than 22
				  inches by 36 inches showing the boundaries of the RUD, existing topography
				  including streams, highways, roads, and other improvements;
(6) preliminary plans;
(7) an approval statement from the
				  governmental entity;
(8) an
				  engineering report including:
(A) a vicinity
				  map;
(B) the cost of right of way
				  acquisition, including justification that the cost represents an equitable and
				  fair market value or a statement that the right of way and easements will be
				  acquired at no cost;
(C) the
				  projected useful life of the facility and the expected costs of
				  maintenance;
(D) a comprehensive
				  study showing the justification for creation of the RUD supported by evidence
				  that the proposed facility is feasible and necessary and that the proposed RUD
				  and facility will be a benefit to land included in the RUD;
(9) a financial study of the
				  proposed RUD and surrounding area, prepared by an independent consultant, that
				  includes:
(A) projected bond requirements,
				  including;
(i) the estimated cost of the
				  facility;
(ii) all other estimated
				  costs of the RUD;
(iii) a finding
				  that the RUD will be financially able to issue and pay bonds of the RUD and all
				  other costs with projected revenues;
(B) economic feasibility, including:
(i) a table showing the projected tax rates
				  and fees over the life of the bond period;
(ii) total tax assessments;
(iii) a table showing the total debt
				  encumbering the land within the RUD, including any debt payable from taxes
				  levied by an entity under the provisions of the Texas Constitution, Article
				  III, §52;
(iv) a projection of
				  the assessed valuation of the real property on a yearly basis from the date of
				  filing to the projected date on which the facility will be completed;
(10) a certificate from
				  the central appraisal district or the tax assessor of each county in which the
				  proposed RUD is located indicating the owners and tax valuation of the real
				  property within the proposed RUD as reflected on the county or counties tax
				  rolls, or if the tax rolls do not show that each applicant is an owner of land
				  within the proposed RUD, a certified copy of deeds tracing title from the
				  person listed on the county tax rolls as owner to the applicant;
(11) a certificate from the municipal clerk
				  or secretary and the county clerk that a copy of the preliminary plans for
				  creation of the proposed RUD was received by each municipality in whose
				  extraterritorial jurisdiction the proposed RUD is located and by the
				  commissioners court of each county in which the proposed RUD is
				  located;
(12) a specific
				  chronological history showing compliance with all the requirements of
				  Transportation Code, Chapter 441;
(13) a proposed order of the commission
				  providing for the public hearing and giving notice of the hearing;
(14) a list of at least five potential
				  temporary directors who are eligible under subsection (c)(3) of this section,
				  with their resumes; and
(15) other
				  information that the commission may require.