In addition to any other information that may be required by
the executive administrator or the board, the applicant shall provide:
(1) 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 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
or the board;
(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, §551.001, et seq,)
and after providing all such notice as required by such Act;
(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
issue of any kind or nature by EPA, Texas Commission on Environmental
Quality (commission), 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;
(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;
(3) a proposed schedule for purchase of the board's
interest in the project;
(4) copies of any proposed or existing contracts for
consultant financial advisory, engineering, 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;
(5) 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;
(6) 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;
(7) 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;
(8) if payment under the master agreement is based
either wholly or in part from revenues of contracts with others, a
copy of any actual or proposed contracts under which applicant's gross
income is expected to accrue. Prior to release of funds, an applicant
shall submit executed copies of such contracts to the executive administrator;
(9) if an election is required by law to authorize
participation in the project, the executive administrator may require
applicant to provide the election date and election results as to
each proposition necessary for the participation of the applicant
as part of the application.
(10) Applicant shall submit an 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, shall provide:
(A) description and purpose of the project;
(B) entities to be served and current and future population;
(C) the cost of the project;
(D) a description of the alternatives considered and
reasons for selection of the project proposed;
(E) sufficient information to evaluate the engineering
feasibility; and
(F) maps and drawings as necessary to locate and describe
the project service area. The executive administrator may request
additional information or data as necessary to evaluate the project.
(11) a water conservation plan prepared in accordance
with §363.15 of this title (relating to Required Water Conservation
Plan).
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| Source Note: The provisions of this §363.1004 adopted to be effective October 8, 2002, 27 TexReg 9382; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective February 9, 2023, 48 TexReg 520 |
