| (a) A rural political subdivision shall submit an application
for financial assistance in writing.
(b) The following information is required on all applications
to the board for financial assistance.
(1) General, fiscal and legal information required
includes:
(A) the name and address of the rural political subdivision;
(B) a citation of the law under which the rural political
subdivision operates and was created;
(C) the total cost of the project;
(D) the amount of financial assistance being requested;
(E) a description of the project;
(F) the name, address and telephone number of the
authorized representative, engineer and any other consultant(s);
(G) the source of repayment and the status of legal
authority to pledge selected revenues;
(H) the financing plan for repaying the total cost
of the project;
(I) the rural political subdivision's default history;
(J) the most recent annual financial statements and
latest monthly and year-to-date financial reports for the General
Fund and Utility Fund of the political subdivision;
(K) a certified copy of a resolution of the rural political
subdivision's governing body requesting financial assistance from
the board, authorizing the submission of the application, and designating
the authorized representative for executing the application, and
for appearing before the board;
(L) a notarized affidavit from the authorized representative
stating that:
(i) for a rural political subdivision, the decision
to request financial assistance from the board was made in a public
meeting held in accordance with the Open Meetings Act (Government
Code, Chapter 551);
(ii) the information submitted in the application is
true and correct according to the best knowledge and belief of the
representative;
(iii) the applicant has no litigation or other proceedings
pending or threatened against the applicant that would materially
adversely affect the financial condition of the applicant or the ability
of the applicant to issue debt;
(iv) the applicant has no pending, threatened, or outstanding
judgments, orders, fines, penalties, taxes, assessment or other enforcement
or compliance issue of any kind or nature by EPA, the Texas Commission
on Environmental Quality, Texas Comptroller, Texas Secretary of State,
or any other federal, state or local government, except for such actions
identified in the affidavit; and
(v) 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;
(M) any special request for repayment structure that
reflects the particular needs of the rural political subdivision.
(2) Engineering feasibility report. An applicant shall
submit an engineering feasibility report in accordance with §363.13
of this title (relating to Preliminary Engineering Feasibility Data).
(3) Environmental assessment. An applicant shall submit
an environmental assessment in accordance with §363.14 of this
title (relating to Environmental Assessment).
(4) Required water conservation plan. An applicant
shall submit a water conservation plan prepared in accordance with
§363.15 of this title (relating to Required Water Conservation
Plan).
(5) Funding from other sources. If additional funds
are necessary to complete the project, or if the applicant has applied
for and/or received a commitment from any other funding agency for
the project or any aspect of the project, an applicant shall submit
a listing of those sources, including total project costs, financing
terms, and current status of the funding requests.
(6) Additional application information. An applicant
shall submit any additional information requested by the executive
administrator as necessary to complete the financial, legal, engineering,
and environmental reviews.
(c) A rural political subdivision may enter into an
agreement with a federal agency, a state agency, or another rural
political subdivision to submit a joint application for financial
assistance under this subchapter.
|
| Source Note: The provisions of this §365.22 adopted to be effective January 1, 2002, 26 TexReg 11031; amended to be effective February 9, 2006, 31 TexReg 708; amended to be effective April 28, 2011, 36 TexReg 2612; amended to be effective November 30, 2011, 36 TexReg 8036; transferred effective February 15, 2020, as published in the January 24, 2020 issue of the Texas Register, 45 TexReg 593 |
