SECTION 363.12. General, Legal, and Fiscal Information

An application will be in the form and in numbers prescribed by the executive administrator.

(1) The executive administrator may request any additional information needed to evaluate the application and may return any incomplete applications.

(2) The following information is required on all applications to the board for financial assistance to be considered an administratively complete application:

(A) General, fiscal and legal information required includes:

(i) the name and address of the political subdivision;

(ii) a citation of the law under which the political subdivision operates and was created;

(iii) the total cost of the project;

(iv) the amount of financial assistance being requested;

(v) a description of the project;

(vi) the name, address, e-mail, and telephone number of the authorized representative, engineer and any other consultant(s);

(vii) for financial assistance requiring repayment, the source of repayment and the status of legal authority to pledge selected revenues;

(viii) the financing plan for repaying the total cost of the project;

(ix) the political subdivision's default history;

(x) 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;

(xi) a certified copy of a resolution of the 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;

(xii) a notarized affidavit from the authorized representative stating that:

(I) for a 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 (Texas 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, Texas Commission on Environmental Quality, Texas Comptroller of Public Accounts, Texas Secretary of State, or any other federal, state or local government, except for such actions identified in the affidavit;

(V) the applicant is, or will become, in compliance with all of its material contracts; and

(VI) the applicant is and will remain during the term of any financial assistance received from the board, in 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.

(xiii) any special request for repayment structure that reflects the particular needs of the political subdivision.

(B) Preliminary Engineering feasibility report. An applicant shall submit an engineering feasibility report in accordance with §363.13 of this title (relating to Preliminary Engineering Feasibility Report).

(C) Environmental assessment. An applicant shall submit an environmental assessment in accordance with §363.14 of this title (relating to Environmental Assessment).

(D) 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).

(E) Required water loss audit. An applicant that is a retail public utility that provides potable water shall submit its most recent water loss audit in accordance with §358.6 of this title (relating to Water Loss Audits), unless it has previously been submitted.

(F) 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 source 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.

(G) 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.

Source Note: The provisions of this §363.12 adopted to be effective July 19, 1991, 16 TexReg 3768; amended to be effective December 25, 2007, 32 TexReg 9721; amended to be effective April 28, 2011, 36 TexReg 2609; amended to be effective February 15, 2012, 37 TexReg 709; amended to be effective February 3, 2021, 46 TexReg 832