A full application for planning, acquisition, design, construction,
or a combination thereof, shall be in the form and numbers prescribed
by §363.12 of this title (relating to General, Legal, and Fiscal
Information). Full applications will be reviewed for administrative
completeness, as determined by the executive administrator. In addition
to any other information that may be required by the executive administrator
or the board, the full application shall include:
(1) information to establish to the satisfaction of
the executive administrator that the county in which the applicant
is located has adopted and is enforcing the model rules adopted by
the board pursuant to Texas Water Code §16.343 (model rules)
and that, if any part of the project is located within the corporate
limits of a municipality or its extraterritorial jurisdiction, the
municipality has adopted and is enforcing the model rules, including
the following information:
(A) A copy of the subdivision regulations adopted by
the county and the municipality, if applicable;
(B) From the county and the municipality, if applicable,
the lesser of either the three most recently approved residential
subdivision plats, or all recently approved subdivision plats, that
are within the jurisdiction of the county, and, if applicable, the
municipality; provided that, if a county or municipality has not approved
any residential subdivision plats within the last five years, the
county judge and mayor, if applicable, shall submit a notarized statement
to such effect;
(C) A notarized statement from the county judge that:
(i) the residential subdivision regulations adopted
by the county and submitted with the statement fully incorporate the
model rules;
(ii) any residential subdivision plats submitted with
this statement fully comply with the county regulations;
(iii) the county is enforcing the applicable model
rules developed under Texas Water Code §16.343, and a description
of any measures taken to mitigate any deficiencies in compliance;
(iv) acknowledges that, if the executive administrator
determines that the county is not enforcing the model rules, all funds
provided by the board under this subchapter and committed for Economically
Distressed Areas Program (EDAP) projects in the county shall be suspended;
and
(v) Such statement shall be considered sufficient to
establish compliance with the model rules unless the executive administrator
identifies significant violations with the model rules and the county
is unable to correct the deficiencies within 90 days of notification
of the violations;
(D) If any part of the project is located within the
corporate limits of a municipality or its extraterritorial jurisdiction,
a notarized statement from the mayor that:
(i) the residential subdivision regulations adopted
by the municipality and submitted with the statement fully incorporate
the model rules;
(ii) any residential subdivision plats submitted with
this statement fully comply with the municipality's regulations;
(iii) acknowledges that, if the executive administrator
determines that the municipality is not enforcing the model rules,
all funds provided by the board under this subchapter and committed
for EDAP projects in the municipality or its extraterritorial jurisdiction
shall be suspended; and
(iv) such statement shall be considered sufficient
to establish compliance with the model rules unless the executive
administrator identifies significant violations with the model rules
and the municipality is unable to correct the deficiencies within
90 days of notification of the violations;
(E) If the county or municipality, if applicable, has
only been required or authorized to adopt residential subdivision
rules that enforce the model rules within one year of the submission
of the application the executive administrator may require that each
member of the applicable governing body:
(i) complete a course of training of not more than
two hours on the implementation of the model rules prepared and provided
by the executive administrator in a widely available medium at no
cost; and
(ii) provide a notarized statement that the member
has completed the training.
(2) Any relevant data or information identified in §355.73(b)
of this title (relating to Scope of Facility Plan) that may be requested
by the board or the executive administrator.
(3) a proposed project schedule and budget that includes
estimated project costs, identifying the source of funds, and method
for repayment of financial assistance;
(4) a resolution from its governing body which shall:
(A) request financial assistance and identify the amount
of requested assistance;
(B) designate the authorized representative to act
on behalf of the governing body; and
(C) authorize the representative to submit the application,
appear before the board on behalf of the applicant, and submit such
other documentation as may be required by the executive administrator
or the board;
(5) a notarized affidavit from the authorized representative
stating that:
(A) the decision to request financial assistance from
the board was made in a public meeting held in accordance with the
Open Meetings Act (Texas Government Code, §§551.001, et
seq.,) and after providing all such notice as required by such Act
as is applicable to the applicant or, for a corporation, that the
decision to request financial assistance from the board was made in
a meeting open to all customers and after providing all customers
written notice at least 72 hours prior to such meeting that a decision
to request public assistance would be made during such meeting;
(B) the information submitted in the application is
true and correct according to best knowledge and belief of the representative;
(C) the applicant has no outstanding fines, penalties,
taxes, assessment or other enforcement or compliance issue of any
kind or nature by the Texas Comptroller, Texas Secretary of State,
or any other federal, state or local government or identifying such
judgments, orders, fines, penalties, taxes, assessment or other enforcement
or compliance issue as may be outstanding for the applicant that are
not related to public health and safety issues resulting from water
supply or sewer services;
(D) the applicant warrants compliance with the representations
made in the application in the event that the board provides the financial
assistance; and
(E) the applicant will comply with all applicable federal
laws, rules, and regulations as well as the laws of this state and
the rules and regulations of the board;
(6) copies of any proposed or existing contracts with
any appropriate consultants such as financial advisory, engineering,
general counsel and bond counsel services to be used by the applicant
in applying for financial assistance or constructing the proposed
project. Contracts for engineering services should include the scope
of services, level of effort, costs, schedules, and other information
necessary for adequate review by the executive administrator;
(7) a citation to the specific legal authority in the
Texas Constitution and statutes pursuant to which the applicant is
authorized to provide the service for which the applicant is receiving
financial assistance as well as the legal documentation identifying
and establishing the legal existence of the applicant as may be deemed
necessary by the executive administrator;
(8) if the applicant provides or will provide water
supply or treatment or sewer service to another service provider,
or receives such service from another service provider, the proposed
agreement, contract, or other documentation which legally establishes
such service relationship, with the final and binding agreements provided
prior to closing;
(9) documentation of the ownership interest, with supporting
legal documentation, of property on which proposed project shall be
located, or if the property is to be acquired, certification that
the applicant has the necessary legal power and authority to acquire
the property;
(10) the name of the political subdivision and its
principal officers;
(11) a preliminary facility engineering plan, prepared
and certified by an engineer registered to practice in this state,
that must:
(A) describe the proposed planning, design, and construction
activities necessary to provide water supply and/or sewer services
that meet minimum state standards provided by board rules;
(B) identify the households to which water supply and
sewer services will be provided; and
(C) described the existing water supply and sewer facilities
located in the area to be served by the proposed project, including
a statement that the facilities do not meet minimum state standards;
(12) information identifying the median household income
for the area to be served by the proposed project; and
(13) the water conservation plan required by Texas
Water Code §16.4021.
|
