(a) Time to submit applications. Applications and required
additional data or information, must be submitted by the deadlines
established by the executive administrator. Failure to timely submit
the application, the information necessary to complete the application
or additional requested information will result in the bypass of the
project.
(b) Required application information. For eligible
public Applicants, an application shall be in the form and number
of copies prescribed by the executive administrator and, in addition
to any other information that may be required by the executive administrator
or the Board, the Applicant shall provide the following documentation:
(1) a resolution from its governing body that shall:
(A) request financial assistance, identifying the amount
of requested assistance;
(B) designate the authorized representative to act
on behalf of the governing body; and
(C) authorize the representative to execute the application,
appear before the Board on behalf of the Applicant, and submit such
other documentation as may be required by the executive administrator;
(2) 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, Chapter 551) and after providing
all such notice as is required by the Open Meetings Act or, for a
corporation, that the decision to request financial assistance from
the Board was made in a meeting open to all customers after providing
all customers written notice at least 72 hours prior to 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 judgments, orders,
fines, penalties, taxes, assessment, or other enforcement or compliance
issues of any kind or nature by EPA, the Commission, Texas Comptroller
of Public Accounts, the Utility Commission, Texas Office of the Secretary
of State, or any other federal, state, or local government, that would
materially affect the Applicant's ability to repay its debt, or identifying
such judgments, orders, fines, penalties, taxes, assessment, or other
enforcement or compliance issue as may be outstanding for the Applicant;
(D) the Applicant warrants compliance with the representations
made in the application in the event that the Board provides the financial
assistance;
(E) the Applicant is, or will become, in compliance
with all of its material contracts; and
(F) the Applicant is, and will remain during the term
of any financial assistance received from the board, in compliance
with all applicable federal laws, rules, and regulations as well as
the laws of this State and the rules and regulations of the Board;
(3) copies of the following project documents:
(A) any draft or executed contracts for consulting
services to be used by the Applicant in applying for financial assistance
or constructing the proposed project, including but not limited to,
financial advisor, engineer, and bond counsel; and
(B) contracts for engineering services should include
the scope of services, level of effort, costs, project schedules,
and other information necessary for adequate review by the executive
administrator. A project schedule shall be provided with the contract;
the schedule must provide firm timelines for the completion of each
phase of a project and note the milestones within the phase of the
project;
(4) a citation to the specific legal authority in the
Texas Constitution and statutes under 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;
(5) if the Applicant provides or will provide wastewater
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;
(6) documentation of the ownership interest, with supporting
legal documentation, for the property on which the 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;
(7) if financing of the project will require a contractual
loan agreement or the sale of bonds to the Board payable either wholly
or in part from revenues of contracts with others, a copy of any actual
or proposed contracts, for a duration specified by the executive administrator,
under which the Applicant's gross income is expected to accrue. Before
the financial assistance is closed, an Applicant shall submit executed
copies of such contracts to the executive administrator;
(8) if the bonds to be sold to the Board are revenue
bonds secured by a subordinate lien, a copy of the authorizing instrument
of the governing body for all prior and outstanding bonds shall be
furnished;
(9) if a bond election is required by law to authorize
the issuance of bonds to finance the project, the executive administrator
may require Applicant to provide the election date and election results
necessary for the issuance of the bonds as part of the application
or prior to closing;
(10) an audit of the Applicant for the preceding year
prepared in accordance with generally accepted auditing standards
by a certified public accountant or licensed public accountant, unless
an alternative method of establishing a reliable accounting of the
financial records of the Applicant is approved by the executive administrator;
and
(11) a listing of all the funds used for the project,
including funds already expended from sources other than financial
assistance offered from the Board, such as from participating local
government entities or prior-issued debt.
(12) Preliminary Engineering Feasibility Report signed
and sealed by a professional engineer registered in the State of Texas.
The report, based on guidelines provided by the executive administrator,
must provide:
(A) a description and purpose of the project;
(B) the entities to be served and current and future
population;
(C) the cost of the project;
(D) a description of alternatives considered and reasons
for the selection of the project proposed;
(E) sufficient information to evaluate the engineering
feasibility of the project;
(F) maps and drawings as necessary to locate and describe
the project area; and
(G) any other information the executive administrator
determines is necessary to evaluate the project.
(c) For eligible private Applicants and eligible NPNC
Applicants that are not also eligible public Applicants, an application
shall be in the form and number of copies prescribed by the executive
administrator, and, in addition to any other information that may
be required by the executive administrator or the Board, such Applicant
shall provide:
(1) the legal documentation identifying and establishing
the legal existence of the Applicant, including articles of incorporation
with certificate of account status or partnership agreements;
(2) the documentation identifying and establishing
full legal and equitable ownership interests of the real and personal
property that constitute the water system held by the Applicant;
(3) the Applicant shall provide:
(A) identification of any affiliated interests or affiliates;
and
(B) if the Applicant provides or will provide water
supply or treatment 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; and
(i) identifying an individual whom may act as the representative
on behalf of the sole proprietor or each legal entity which has been
identified as maintaining an ownership interest in the Applicant;
(ii) authorizing such representative to submit an application
and such other documentation as may be required by the executive administrator;
(4) identification of the authority to provide the
service for which the assistance is requested which shall include:
(A) a map of the area served acceptable to the executive
administrator;
Cont'd... |