Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 363 - FINANCIAL ASSISTANCE PROGRAMS › Subchapter A - GENERAL PROVISIONS › Division 2 - GENERAL APPLICATION PROCEDURES › Section 363.12 - General, Legal, and Fiscal Information

Current through Reg. 49, No. 28; July 12, 2024
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, the Texas Commission on Environmental Quality, Texas Comptroller, 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.