SECTION 363.523. Application

An applicant for financial assistance under the Colonia Self-Help Program shall submit an application in the form and numbers prescribed by the executive administrator before any eligible project expenses are incurred. The application shall include the information required by the Water Code §15.955, and any additional information required by the board, including:

(1) if a nonprofit: the name of the nonprofit organization and its principal officers, and documentation of its tax exempt status under the Internal Revenue Code, §501(3)(c);

(2) if a political subdivision: a citation to the specific legal authority in the Texas Constitution and statutes pursuant to which it is authorized to provide the service for which the applicant is receiving financial assistance and legal documentation identifying and establishing the legal existence of the political subdivision;

(3) a description of the project area, its existing water and wastewater facilities, the number of new utility connections expected to be made, and the number of residents expected to be served by the project;

(4) a description of the project and its estimated total cost, a description of the aspect of the project for which the grant sought from the board will be used and its estimated cost, and a summary of the sources of funding for the total cost of the project;

(5) evidence that the residents of the area to be served by the proposed project will contribute labor to the construction of the system or otherwise participate in the project in a manner that results in a significant reduction of the total conventional project cost, as determined by the board;

(6) if the political subdivision will not be the service provider, a resolution from a retail public utility authorized to provide water or wastewater services to the colonia that it will inspect the project during and after construction to ensure adequacy of the project to provide water or wastewater service upon completion of construction by the applicant;

(7) if the political subdivision will not be the service provider, a resolution from a retail public utility that it has the capability to and will assume ownership of the completed project and responsibility for its operation and maintenance and will provide the water or wastewater services that the project is intended to make available to the colonia;

(8) if the political subdivision will not be the service provider, documentation which demonstrates that the retail public utility that is to provide wastewater services exercises the authority granted to such service providers pursuant to the Water Code, §17.934, and requires property owners that can be served by wastewater system improvements resulting from completion of the self-help project to connect to the service provider's sewer system;

(9) information which adequately identifies an amount necessary for the purchase of capacity in an existing treatment plant and/or related facilities to which the completed project will be connected, if applicable;

(10) documentation that demonstrates work experience relevant to extending retail water or wastewater utility service to colonias in coordination with retail public utilities; and

(11) a plan that requires self-help project beneficiaries to actively participate in the implementation of the project, in coordination with a retail public utility, if the political subdivision will not be the service provider.

Source Note: The provisions of this §363.523 adopted to be effective November 7, 2001, 26 TexReg 8847; amended to be effective March 31, 2010, 35 TexReg 2598