Alternative Project Delivery - Texas Water Development Board

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Legal Review of Alternative Delivery Methods bonds. The commission shall retain a copy of the order and send a copy of the order to the district. (g) Notwithstanding any provision of this code to the contrary, the commission may approve the issuance of bonds of a district without the submission of plans and specifications of the improvements to be financed with the bonds. The commission may condition the approval on any terms or conditions considered appropriate by the commission. (h) This section does not apply to a district if: (1) the district's boundaries include one entire county; (2) the district was created by a special Act of the legislature and: (a) the district is located entirely within one county; (b) entirely within one or more home-rule municipalities; (c) the total taxable value of the real property and improvements to the real property zoned by one or more home-rule municipalities for residential purposes and located within the district does not exceed 25 percent of the total taxable value of all taxable property in the district, as shown by the most recent certified appraisal tax roll prepared by the appraisal district for the county; and (d) the district was not required by law to obtain commission approval of its bonds before the effective date of this section; (3) the district is a special water authority; or (4) the district is governed by a board of directors appointed in whole or in part by the governor, a state agency, or the governing body or chief elected official of a municipality or county and does not provide, or propose to provide, water, sewer, drainage, reclamation, or flood control services to residential retail or commercial customers as its principal function. xlviii 30 Tex. Admin. Code § 293.43 (1999) (TNRCC approval of issuance of bonds) xlix id. at § 402.014, 402.018 and Tex. Water Code § 49.213 and 49.219 (West 2000). l Tex. Rev. Civ. Stat. Ann. Art. 5190.6 (Vernon 2000). li id. at § 2(11). lii id. at § 23(a). liii Tex. Loc. Gov’t Code Ann §§ 303.001-303.124 (West 2000). liv Id. at §§ 375.221-223. lv Id. at §§ 375.221-223. lvi Id. at §§ 378.001-378.012. lvii Id. at § 383.111. lviii Tex. Trans. Code Ann. § 431.102 (Vernon 1999). lix Steven Nelson, Procurement of Educational Facilities in Texas, An Overview of Senate Bill 583, presented to the 11 th Annual Construction Law Conference, San Antonio, Texas, February 19, 1998. lx Tex. Edu. Code Ann. § 44.036 (Vernon 1999). lxi Nelson supra note 54. lxii S.B. 155, S.B. 227, and S.B. 510. lxiii Op. Tex. Att’y Gen. No. JC-0206 (2000). lxiv This memorandum reflects our current opinion on the legal and factual issues addressed and is based on current applicable legal authorities. Future court decisions, legislation, and other relevant developments, however, can change the law. Before applying this opinion in the future, therefore, it is essential to determine whether the law has changed in any respect that would necessitate a revision of the opinion expressed. We have not been requested to keep you informed as to such future developments and are under no obligation to do so. This opinion is supplied solely for your information and use in connection with the transaction or matter described above and should not be quoted or otherwise referred to in any financial statement or any other documents, in whole or in part, or furnished to any other person or agency, other than the Texas Water Development Board, without our prior written consent. Legal Review R. W. Beck 15
Legal Review of Alternative Delivery Methods The opinions in this letter are limited to the matters expressly stated. No opinion is implied and none should be inferred, beyond the opinions expressly stated. Our opinion concerning probable outcomes should not be construed as a guarantee or unqualified prediction of the result. Litigation is an inherently risky undertaking, and for that reason, it is always possible that the outcome will differ from our expectation. 16 Texas Water Development Board Legal Review
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Alternative Project Delivery Texas
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Table of Contents VI. School Distri
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Executive Summary statutory/regulat
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Table of Contents Areas of Concern.
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Section 1 INTRODUCTION Introduction
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Implementation of Stricter Regulati
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Introduction TABLE 1-1 GLOBAL WATER
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Introduction These large private fi
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Section 2 DESCRIPTION OF PROJECT DE
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Traditional Design-Bid-Build (“DB
Page 21 and 22: Description of Project Delivery Met
Page 27 and 28: Engineer-Procure-Construct (“EPC
Page 37: Description of Project Delivery Met
Page 40 and 41: PUBLIC/PRIVATE PARTNERSHIPS TRADITI
Page 42 and 43: Section 3 One of the critical areas
Page 44 and 45: Section 3 Figure 3-2 DB or DBO Appr
Page 46 and 47: Section 3 TABLE 3-1 POTENTIAL AREAS
Page 48 and 49: Section 4 • The company, BexarMet
Page 50 and 51: Section 4 receive an up-front conce
Page 52 and 53: Section 4 • Rate stabilization
Page 54 and 55: Section 4 Pursuant to stringent tim
Page 56 and 57: Appendix A GLOSSARY - B - BOOT: Bui
Page 58 and 59: LEGAL REVIEW OF ALTERNATIVE DELIVER
Page 60 and 61: Legal Review of Alternative Deliver
Page 64 and 65: Wastewater Legal Review of Alternat
Page 68 and 69: San Antonio Water System Legal Revi
Page 74 and 75: Neil Callahan - National Director f
Page 76 and 77: Comparison Of Traditional Vs. Alter
Page 78 and 79: Comparison Table Comparison Of Trad
Page 80 and 81: Areas of Concern Potential Areas Of
Page 82 and 83: ISSUES CHECKLIST Introduction The d
Page 84 and 85: Issues Checklist • Public input o
Page 86 and 87: Design-Build-Operate (DBO) Issues C
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Alternative Project Delivery - Texas Water Development Board

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