SECTION 53.103. Contents of Utility District Transcripts

A municipal utility district transcript shall contain the following with respect to its organization.

(1) Consent agreements.

(A) Consent of city to creation of district (certified copy of ordinance or order).

(B) Consent of county, if applicable (certified copy of order).

(i) Petitions for consent and certification as to district location must state whether all or any part of the proposed district is located outside the extraterritorial jurisdiction of a city, identifying by metes and bounds, or by survey name, lot and block number, or by both, such located area and, if so, state the date and file reference of the county wherein such petition was presented to the county commissioners court for its review.

(ii) If no review is made by county commissioners court, or if the court's written opinion on review relative to the district's creation is not submitted to the Texas Water Rights Commission (TWRC) at least 10 days prior to the commission's ordered hearing day on the petition, a certificate of no-filing of such opinion by the secretary of the Texas Water Rights Commission shall be incorporated in transcript.

(iii) If the county has local drainage and flooding standards the Board order or resolution guaranteeing compliance with Texas Water Rights Commission construction requirements shall also assure conformity to such county standards. If the county has not adopted such standards a certification by the board secretary shall so declare.

(2) Petition to Texas Water Rights Commission requesting creation of district certified by secretary of TWRC.

(3) Evidence of compliance with the Texas Water Code, §50.331--copies of petitions to cities and counties--for districts filed with commission after May 28, 1973.

(4) Evidence of authority for persons who signed petition in representative capacities to do so in such capacities. Representative's affidavit is not acceptable.

(5) County tax assessor-collector's certificate evidencing that signers of petition constituted a majority in value of holders of title to the land in the proposed district as indicated by county tax rolls or that at least 50 were holders of title. Assessment slips should be attached for verification of values if more than one tract or parcel are involved.

(6) Order of TWRC fixing date, time, and place for hearing on petition.

(7) Affidavit of publication of notice of hearing on petition, with copy of clipping attached.

(8) Order of TWRC granting petition for creation.

(9) Certificate of district clerk of Travis County, dated at least 30 days after effective date of TWRC creation, that no appeal has been taken from order granting petition for creation.

(10) Minutes of organizational meeting of board of directors (including at least approval of directors' bonds and oaths, election of officers, adoption of seal, designation of offices and meeting places).

(11) Affidavit of publication of notice of location of meeting place outside district, if applicable, copy of clipping to be attached.

(12) Certificate of secretary of TWRC that copy of order establishing meeting place outside the district is on file with TWRC, if applicable.

(13) Order calling confirmation and directors' election.

(14) Affidavit of publication of notice of confirmation and directors election, copy of clipping to be attached.

(15) Order canvassing returns and declaring results of confirmation and directors' election, containing boundary description of district.

(16) Affidavit of each voter regarding his or her qualifications as voter and participation in the election, with copy of voters registration certificates attached or other written evidence from election registration officer. A majority of voters participating in the election is sufficient.

(17) Certificate of secretary of TWRC that copy of canvass order is on file with TWRC.

(18) Evidence that copy of canvass order has been filed in county deed records. A complete copy of the order bearing all county clerk file numbers, marks, and references is sufficient.

Source Note: The provisions of this §53.103 adopted to be effective January 1, 1976.