SECTION 363.711. Applications  


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  • (a) A political subdivision seeking emergency assistance shall submit an application for financial assistance in writing and will accompany the written application either with a telephone briefing or, if feasible, a meeting with board staff.

    (b) The following information is required on all applications to the board for financial assistance.

    (1) General, Fiscal and Legal Information:

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

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

    (C) the total cost of the project;

    (D) the amount of financial assistance being requested;

    (E) a description of the project;

    (F) the name, address and telephone numbers of the official representative, engineer and any other consultant(s);

    (G) the source of repayment and the status of legal authority to pledge selected revenues;

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

    (I) the political subdivision's default history;

    (J) 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;

    (K) 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;

    (L) an affidavit executed by the authorized representative stating that the facts contained in the application are true and correct to his best knowledge and belief;

    (M) a certification by the authorized representative of the political subdivision in a form acceptable to the board which warrants compliance by the political subdivision with all representations in the application, all laws of the State of Texas, and all rules and published policies of the board;

    (N) any special request for repayment structure that reflects the particular needs of the political subdivision; and

    (O) evidence that sufficient time is not available to obtain permanent financing.

    (2) Engineering Information. An engineering report signed and sealed by a professional engineer registered in the State of Texas that provides:

    (A) an explanation of the situation that constitutes an emergency for the political subdivision and a statement as to when the political subdivision first identified the emergency;

    (B) a description of the planned resolution of the emergency condition;

    (C) current estimated cost of the proposed project with costs allocated to each project element;

    (D) sufficient information to evaluate the engineering feasibility of the proposed project;

    (E) maps and drawings as necessary to locate and describe the project area; and

    (F) any additional information or data necessary to evaluate the project.

    (3) Preliminary Environmental Information. The following information to enable the executive administrator to determine the level of review for the proposed project:

    (A) a written description of the proposed project;

    (B) a map of sufficient detail to accurately depict the location of each project element; and

    (C) preliminary data on any known environmental, social and permitting issues which may affect the alternatives considered for implementation of the project or which may impact the existing environment in a manner that is the subject of any environmental regulation.

    (4) Additional Application Information. 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 §363.711 adopted to be effective August 8, 1996, 21 TexReg 7265.