Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,609
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(B) contracts for engineering services should include
the scope of services, level of effort, costs, project schedules, and other
information necessary for adequate review by the executive administra-
tor. A project schedule shall be provided with the contract; the sched-
ule must provide firm timelines for the completion of each phase of a
project and note the milestones within the phase of the project;
(4) a citation to the specific legal authority in the Texas
Constitution and statutes under which the Applicant is authorized to
provide the service for which the Applicant is receiving financial assis-
tance as well as the legal documentation identifying and establishing
the legal existence of the Applicant;
(5) if the Applicant provides or will provide water supply
or treatment service to another service provider, or receives such ser-
vice from another service provider, the proposed agreement, contract,
or other documentation which legally establishes such service relation-
ship, with the final and binding agreements provided prior to closing;
(6) documentation of the ownership interest, with support-
ing legal documentation, for the property on which proposed project
shall be located, or if the property is to be acquired, certification that
the Applicant has the necessary legal power and authority to acquire
the property;
(7) if financing of the project will require a contractual loan
agreement or the sale of bonds to the Board payable either wholly or
in part from revenues of contracts with others, a copy of any actual or
proposed contracts under which Applicant's gross income is expected
to accrue. Before financial assistance is closed, an Applicant shall sub-
mit executed copies of such contracts to the executive administrator;
(8) if the bonds to be sold to the Board are revenue bonds
secured by a subordinate lien, a copy of the authorizing instrument of
the governing body for all prior and outstanding bonds shall be fur-
nished;
(9) if a bond election is required by law to authorize the
issuance of bonds to finance the project, the executive administrator
may require Applicant to provide the election date and election results
necessary for the issuance of the bonds as part of the application or
prior to closing;
(10) an audit of the Applicant for the preceding year pre-
pared in accordance with generally accepted auditing standards by a
certified public accountant or licensed public accountant; and
(11) if additional funds are necessary to complete the
project, or if the applicant has applied for and/or received a commit-
ment from any other source for the project or any aspect of the project,
a listing of those sources, including total project costs, financing terms,
and current status of the funding requests.
(c) For eligible private Applicants and eligible NPNC Appli-
cants that are not also eligible public Applicants, 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, such Applicant shall provide:
(1) the legal documentation identifying and establishing
the legal existence of the Applicant, including articles of incorporation
with certificate of good standing or partnership agreements;
(2) the documentation identifying and establishing full le-
gal and equitable ownership interests of the real and personal property
that constitute the water system held by the Applicant;
(3) if the documentation of ownership indicates that the
Applicant is a legal entity other than a sole proprietorship, the Appli-
cant shall provide:(A) identification of any affiliated interests or affiliates;
and
(B) a notarized statement from each entity holding an
ownership interest:
(i) identifying an individual whom may act as the
representative on behalf of each legal entity which has been identified
as maintaining an ownership interest in the Applicant;
(ii) authorizing such representative to submit an ap-
plication and such other documentation as may be required by the ex-
ecutive administrator;
(4) identification of the authority to provide the service for
which the assistance is requested which shall include:
(A) a map of the area served acceptable to the executive
administrator;
(B) if the Applicant provides or will provide water sup-
ply or treatment service to another service provider, or receives such
service from another service provider, the proposed agreement, con-
tract, or other documentation which legally establishes such service
relationship, with the final and binding agreements provided prior to
closing; and
(C) for utilities, as defined pursuant to Commission
rules, the Certificate of Public Convenience and Necessity number and
a service area map;
(5) a notarized affidavit by the designated representative of
the Applicant:
(A) for eligible private Applicants, stating that the de-
cision to request financial assistance from the Board was made in a
meeting open to all customers and after providing all customers writ-
ten notice at least 72 hours prior to the meeting that a decision to request
public assistance would be made during such meeting;
(B) requesting financial assistance and identifying the
amount of requested assistance;
(C) stating that the information submitted in the appli-
cation is true and correct according to belief and knowledge of the rep-
resentative;
(D) stating that the Applicant or any of its affiliates or
affiliated interests has no outstanding judgments, orders, fines, penal-
ties, taxes, assessment or other enforcement or compliance issue of any
kind or nature by EPA, the Commission, Texas Comptroller of Public
Accounts, Texas Office of the Secretary of State, or any other federal,
state or local government, that would materially affect the Applicant's
ability to repay its debt, or identifying such judgments, orders, fines,
penalties, taxes, assessment or other enforcement or compliance issue
as may be outstanding against the Applicant or any of its affiliates or
affiliated interests;
(E) stating that each entity with an ownership interest
warrants compliance with representations made in the application in
the event that the Board provides the financial assistance; and
(F) assuring 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;
(6) copies of the following project documents:
(A) any draft or executed contracts for consulting ser-
vices to be used by the Applicant in applying for financial assistance
or constructing the proposed project, to include, but not limited to, fi-
nancial advisor, engineer, and bond counsel; andADOPTED RULES July 27, 2012 37 TexReg 5609
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/89/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.