SECTION 363.1104. Application

An application shall be in the form and numbers 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:

(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 (Government Code, §551.001, et seq.) and after providing all such notice as required by such Act as is applicable to the applicant or, for a corporation, that the decision to request financial assistance from the board was made in a meeting open to all customers and after providing all customers written notice at least 72 hours prior to such meeting that a decision to request public assistance would be made during such meeting;

(B) the information submitted in the application is true and correct according to the best knowledge and belief of the representative;

(C) the applicant warrants compliance with the representations made in the application in the event that the board provides the financial assistance; and

(D) 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) 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;

(4) a citation to the 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;

(5) data from the most recent federal census for the most applicable census tract or tracts or a survey approved by the executive administrator of a statistically acceptable sampling of the customers in the service area completed within the last 12 months that demonstrates that the area meets the adjusted median household income level to qualify it as a disadvantaged area;

(6) an engineering feasibility report in compliance with §363.13 of this title (relating to Engineering Feasibility data) and including information satisfactory to the executive administrator that the water or sewer service for which assistance is requested is inadequate as defined herein;

(7) preliminary environmental information in compliance with §363.14 of this title (relating to Environmental Assessment);

(8) a water conservation plan prepared in compliance with §363.15 of this title (relating to Required Water Conservation Plan) or a statement identifying the applicable statutory exemption from preparation and adoption of the water conservation program; and

(9) if the applicant provides or will provide water supply or treatment, or sewer 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.

Source Note: The provisions of this §363.1104 adopted to be effective May 11, 2004, 29 TexReg 4547