SECTION 293.124. Application Requirements for Fire Department Financing

(a) Applications submitted under the provisions of Water Code, §49.351, for establishment of a fire department and the issuance of bonds to finance the construction and purchase of necessary buildings, facilities, and equipment for this purpose shall be considered by the commission only as a separate application for the issuance of bonds; therefore, the request for approval to issue bonds to establish or expand a fire department should not be integrated into a bond application submitted under §293.43 of this title (relating to Application Requirements) for engineering projects except for those water supply and distribution facilities necessary to support the fire protection plan approved by the voters.

(b) Districts are encouraged to submit incremental separate applications to initially finance or expand fire department facilities and equipment at various stages of district development as required. Projects for ultimate fire protection plan financing will not normally be recommended for commission approval for a district unless development of that district is substantially completed.

(c) The application shall address the applicable subject matter contained in Water Code, §49.351, including the method proposed for district fire protection, the type and amount of bonds requested, and/or the board adopted method of financing the project from other resources.

(d) The application shall be accompanied by a certified copy of the district board's resolution authorizing submission of the application.

(e) The district shall also include a certified copy of the district board's order canvassing election returns as voted by the district's electorate on the propositions specified under the Water Code, §49.351(i).

(f) A certified copy of the fire protection plan and executed contracts as approved by the district's voters shall be submitted.

(g) If the fire protection plan authorized by the district's voters is not identical to that approved by the commission, or if the application request under consideration is to finance an increment of the ultimate fire plan approved by the voters, either or both, provide an itemized description of alterations and the reasons for each change or deferred service.

(h) A filing fee in the amount of $100 shall be submitted with the application.

(i) The district shall include a detailed plan approved by the district's electorate, or the incremental portion thereof as requested in the application, to include, but not be limited to:

(1) number and type of buildings and other facilities to be constructed, including final construction plans, specifications, and itemized cost estimates for each building or facility, water supply and distribution improvements;

(2) number, type, purpose, and estimated cost of each programmed piece of fire fighting equipment;

(3) number of paid employees proposed, and the total estimated salary, including benefit packages;

(4) copy of each executed contract for fire protection services between districts, with another person or fire service organization(s), and the estimated annual cost to fulfill the contract requirements;

(5) number and type of facilities and structures existing and projected within the district (or districts for joint projects) proposed for fire protection coverage under the application; and

(6) summary of costs in conformance with format shown under §293.123(6)(G) of this title (relating to Application Requirements for Fire Department Plan Approval).

(j) Districts are encouraged to update and/or modify the financial presentation included in the application for fire protection plan approval as considered by the commission in its approval of that plan, including all the information required under §293.123 of this title (relating to Application Requirements for Fire Department Plan Approval).

Source Note: The provisions of this §293.124 adopted to be effective September 5, 1986, 11 TexReg 3747; amended to be effective October 22, 1996, 21 TexReg 9905.