| (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
(C) for utilities, as defined pursuant to Utility Commission
rules, the Certificate of Convenience and Necessity number and a service
area map;
(5) a notarized affidavit by the designated representative
of the Applicant:
(A) requesting financial assistance and identifying
the amount of requested assistance;
(B) stating that the information submitted in the application
is true and correct according to belief and knowledge of the representative;
(C) stating that the Applicant or any of its affiliates
or affiliated interests has no outstanding judgments, orders, fines,
penalties, taxes, assessment, or other enforcement or compliance issue
of any kind or nature by EPA, the Commission, Texas Comptroller of
Public Accounts, 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 against the
Applicant or any of its affiliates or affiliated interests;
(D) stating that each entity with an ownership interest
warrants compliance with representations made in the application in
the event that the Board provides the financial assistance;
(E) for eligible private Applicants, stating that the
decision to request financial assistance from the Board was made in
accordance with any applicable bylaws or charter of the Applicant;
and
(F) assuring 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;
(6) 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, to include, 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;
(7) a business plan that:
(A) identifies by month for the next 18 months, or
for the time period of project construction, whichever is longer,
anticipated revenues, including any anticipated rate increases, and
anticipated expenditures; and
(B) provides five year historical data on system revenue
and expenditures;
(8) copies of the federal income tax returns for the
Applicant for the two previous tax years;
(9) documentation of any bankruptcy proceedings for
the Applicant or any affiliated interests or affiliates for the preceding
five years or a sworn statement that the Applicant or any affiliated
interests or affiliates has not been a party to a bankruptcy proceeding
for the preceding five years;
(10) if any part of the community water system has
been pledged or otherwise used as security for any other indebtedness
of the Applicant or an affiliate or affiliated interest, a copy of
the outstanding indebtedness;
(11) 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 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;
(12) if the Applicant is required to utilize a surcharge
or otherwise intends to rely on an increase in the rate that it is
charging in order to repay the requested financial assistance, a copy
of the acknowledgment from the Utility Commission that the proposed
rate change filing has been received;
(13) 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
(14) if additional funds are necessary to complete
the project, or if the Applicant has applied for and/or received a
commitment from any other source for the project or any aspect of
the project, a listing of those sources, including total project costs,
financing terms, and current status of the funding requests.
|
| Source Note: The provisions of this §371.31 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective April 28, 2011, 36 TexReg 2610; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844; amended to be effective June 10, 2020, 45 TexReg 3863; amended to be effective February 3, 2021, 46 TexReg 835 |
