Current through Reg. 49, No. 38; September 20, 2024
A full application for planning, acquisition, design,
construction, or a combination thereof, shall be in the form and numbers
prescribed by §
363.12
of this title (relating to General, Legal, and Fiscal Information). Full
applications will be reviewed for administrative completeness, as determined by
the executive administrator. In addition to any other information that may be
required by the executive administrator or the board, the full application
shall include:
(1) information to
establish to the satisfaction of the executive administrator that the county in
which the applicant is located has adopted and is enforcing the model rules
adopted by the board pursuant to Texas Water Code §
16.343
(model rules) and that, if any part of the project is located within the
corporate limits of a municipality or its extraterritorial jurisdiction, the
municipality has adopted and is enforcing the model rules, including the
following information:
(A) A copy of the
subdivision regulations adopted by the county and the municipality, if
applicable;
(B) From the county and
the municipality, if applicable, the lesser of either the three most recently
approved residential subdivision plats, or all recently approved subdivision
plats, that are within the jurisdiction of the county, and, if applicable, the
municipality; provided that, if a county or municipality has not approved any
residential subdivision plats within the last five years, the county judge and
mayor, if applicable, shall submit a notarized statement to such
effect;
(C) A notarized statement
from the county judge that:
(i) the
residential subdivision regulations adopted by the county and submitted with
the statement fully incorporate the model rules;
(ii) any residential subdivision plats
submitted with this statement fully comply with the county
regulations;
(iii) the county is
enforcing the applicable model rules developed under Texas Water Code §
16.343,
and a description of any measures taken to mitigate any deficiencies in
compliance;
(iv) acknowledges that,
if the executive administrator determines that the county is not enforcing the
model rules, all funds provided by the board under this subchapter and
committed for Economically Distressed Areas Program (EDAP) projects in the
county shall be suspended; and
(v)
Such statement shall be considered sufficient to establish compliance with the
model rules unless the executive administrator identifies significant
violations with the model rules and the county is unable to correct the
deficiencies within 90 days of notification of the violations;
(D) If any part of the project is
located within the corporate limits of a municipality or its extraterritorial
jurisdiction, a notarized statement from the mayor that:
(i) the residential subdivision regulations
adopted by the municipality and submitted with the statement fully incorporate
the model rules;
(ii) any
residential subdivision plats submitted with this statement fully comply with
the municipality's regulations;
(iii) acknowledges that, if the executive
administrator determines that the municipality is not enforcing the model
rules, all funds provided by the board under this subchapter and committed for
EDAP projects in the municipality or its extraterritorial jurisdiction shall be
suspended; and
(iv) such statement
shall be considered sufficient to establish compliance with the model rules
unless the executive administrator identifies significant violations with the
model rules and the municipality is unable to correct the deficiencies within
90 days of notification of the violations;
(E) If the county or municipality, if
applicable, has only been required or authorized to adopt residential
subdivision rules that enforce the model rules within one year of the
submission of the application the executive administrator may require that each
member of the applicable governing body:
(i)
complete a course of training of not more than two hours on the implementation
of the model rules prepared and provided by the executive administrator in a
widely available medium at no cost; and
(ii) provide a notarized statement that the
member has completed the training.
(2) Any relevant data or information
identified in §
355.73(b)
of this title (relating to Scope of Facility Plan) that may be requested by the
board or the executive administrator:
(3) a proposed project schedule and budget
that includes estimated project costs, identifying the source of funds, and
method for repayment of financial assistance;
(4) a resolution from its governing body
which shall:
(A) request financial assistance
and identify the amount of requested assistance;
(B) designate the authorized representative
to act on behalf of the governing body; and
(C) authorize the representative to submit
the application, appear before the board on behalf of the applicant, and submit
such other documentation as may be required by the executive administrator or
the board;
(5) a
notarized affidavit from the authorized representative stating that:
(A) 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, §§
551.001, et seq.,)
and after providing all such notice as required by such Act as is applicable to
the applicant or, for a corporation, that the decision to request financial
assistance from the board was made in a meeting open to all customers and after
providing all customers written notice at least 72 hours prior to such meeting
that a decision to request public assistance would be made during such
meeting;
(B) the information
submitted in the application is true and correct according to best knowledge
and belief of the representative;
(C) the applicant has no outstanding fines,
penalties, taxes, assessment or other enforcement or compliance issue of any
kind or nature by the Texas Comptroller, Texas Secretary of State, or any other
federal, state or local government or identifying such judgments, orders,
fines, penalties, taxes, assessment or other enforcement or compliance issue as
may be outstanding for the applicant that are not related to public health and
safety issues resulting from water supply or sewer services;
(D) the applicant warrants compliance with
the representations made in the application in the event that the board
provides the financial assistance; and
(E) the applicant will comply 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 any proposed or existing
contracts with any appropriate consultants such as financial advisory,
engineering, general counsel and bond counsel services to be used by the
applicant in applying for financial assistance or constructing the proposed
project. Contracts for engineering services should include the scope of
services, level of effort, costs, schedules, and other information necessary
for adequate review by the executive administrator;
(7) a citation to the specific legal
authority in the Texas Constitution and statutes pursuant to which the
applicant is authorized to provide the service for which the applicant is
receiving financial assistance as well as the legal documentation identifying
and establishing the legal existence of the applicant as may be deemed
necessary by the executive administrator;
(8) if the applicant provides or will provide
water supply or treatment or sewer service to another service provider, or
receives such service from another service provider, the proposed agreement,
contract, or other documentation which legally establishes such service
relationship, with the final and binding agreements provided prior to
closing;
(9) documentation of the
ownership interest, with supporting legal documentation, of 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;
(10) the name
of the political subdivision and its principal officers;
(11) a preliminary facility engineering plan,
prepared and certified by an engineer registered to practice in this state,
that must:
(A) describe the proposed planning,
design, and construction activities necessary to provide water supply and/or
sewer services that meet minimum state standards provided by board
rules;
(B) identify the households
to which water supply and sewer services will be provided; and
(C) described the existing water supply and
sewer facilities located in the area to be served by the proposed project,
including a statement that the facilities do not meet minimum state
standards;
(12)
information identifying the median household income for the area to be served
by the proposed project; and
(13)
the water conservation plan required by Texas Water Code §
16.4021.
