The following general information, where deemed by the Arkansas Natural Resources Commission to be applicable to the applicant and project under consideration, or where required with respect to the specific program funds for which application is made, must be submitted by applicant within each application:
(1) Applicant's:
- (A) Full, true, and correct legal name;
- (B) Office address;
- (C) Mailing address, if different from office address;
- (D) Telephone number;
- (E) Fax number; and
- (F) Email address, if available;
(2)
- (A) Authority of law under which applicant was created and established and the independent legal authority, including supporting documentary evidence as requested by the commission, under which application is made.
- (B) Applicant must identify and describe the nature of its legal identity.
- (C) See Subpart 7 of this part;
- (3) Certified copy of the ordinance, resolution, or other specific authorizing instrument or action reflecting applicant's authority for making application to the commission;
- (4) Name, address, telephone number, fax number, and email address, if available, of project engineer;
(5) Name, address, telephone number, fax number, and email address, if available, of:
- (A) Project legal counsel; and
- (B) If applicable, financial consultant or, if assessment-based repayment proposed, assessor;
(6) Total amount of funds requested for project assistance from the commission, including:
- (A) A statement of the specific uses and purposes for which such funds are intended to be applied; and
- (B) The program under which financial assistance from the commission is sought;
(7) A brief but adequate description of the proposed project for which application is made, including but not limited to the following:
- (A) Project location;
- (B) Nature of project;
(C)
(i) Comprehensive statement clearly:
- (a) (a) Delineating the customer service area;
- (b) (b) Demonstrating project need; and
- (c) (c) Demonstrating the degree and extent of local support for the project.
(ii) Such statement:
- (a) (a) Must be in sufficient detail to support and justify the project; and
- (b) (b) Should describe all aspects of present local support and approval for the project.
- (iii) Applicant may include letters or statements of support from any interested persons or agencies;
- (D) Anticipated total project cost;
(E) Listing of all financing institutions, lenders, or other funding sources, if any, participating in financing the project or other projects related to the project, including, where applicable, the following information:
- (i) Statement by each such participating entity reflecting the relative interest, support, and commitment of the participating lender or other funding source in and to the project;
- (ii) Statement reflecting total project cost allocation between lenders or other funding sources;
- (iii) Statement and description of all project service areas, project security, or project revenues already pledged or to be pledged to other participating lenders or fund sources; and
- (iv) Statement and description of other projects or service areas, if any, related to the project and information satisfying the requirements of subdivisions (a)(7)(E)(i)–(iii) above with respect to each such other related project, if any; and
- (F) Preliminary project plans and specifications as may be necessary to reflect general engineering feasibility of the project;
(8) Anticipated project timetable, including:
- (A) Anticipated dates for completion of plans and specifications;
- (B) Arkansas Water Plan compliance review, if required;
- (C) Department of Health and/or Division of Environmental Quality approvals;
- (D) Expected award of bids; and
- (E) Project construction commencement and completion dates;
(9)
- (A) Nature and amount of security to be pledged to secure the applicant's repayment obligations to the commission for the financial assistance requested.
- (B) If real or personal property, or any interest therein, other than or in addition to the project itself is to be pledged by applicant to secure the applicant's repayment obligations, applicant must submit a current statement of the nature and extent of all outstanding liabilities or indebtedness against such property, if any.
(C) If applicant is not the owner of such real or personal property to be pledged, applicant must:
- (i) State and describe the nature and extent of applicant's legal or equitable interest in such property; and
- (ii) Provide a statement setting forth who or what entity owns such property including details of all outstanding liabilities or indebtedness against such property;
- (10) A firm estimate of annual (or other interval) revenues to be derived from the project or other sources of revenue available to be paid to the commission for project cost repayment, with supporting detail and assumptions expressed, and such additional financial information as may be necessary to evaluate general economic feasibility of the project, including the ability of the project to generate sufficient revenues to repay the commission the cost of providing financial assistance for the project, together with such fees and charges as may be imposed by the commission;
(11) A statement of the:
- (A) Specific manner and means and projected timetable within which applicant proposes to finance the project, considering all sources of financing; and
- (B) Timetable to commence making repayments to the commission;
(12)
- (A) Information reflecting the availability to applicant of reserve or contingency funds that could and, if necessary, would be used to meet actual project costs that exceed applicant's original total estimated cost of the project.
(B) Such information should include the:
- (i) Nature, source, amount, and liquidity of such reserve or contingency fund; and
- (ii) Applicant’s commitment and ability to utilize such funds when and if necessary for such purposes;
(13)
- (A) Certified copies of applicant's previous three (3) years of annual audited financial statements, if available, and a statement of applicant's financial condition, including a current statement of all outstanding indebtedness of applicant or related entities, including but not limited to all outstanding general obligation or revenue debt that might affect applicant's overall financial condition.
- (B) In connection with such statement of indebtedness, applicant must list the security given for all such indebtedness;
- (14) Description of the nature and division of all applicants' equitable interests in the project if more than one (1) eligible entity will participate in the project;
(15)
(A) A statement reflecting the relevant history or current status of applicant's efforts toward obtaining all necessary and incidental rights and privileges needed for project:
- (i) Commencement;
- (ii) Completion; and
- (iii) Operation.
(B) This requirement includes, but is not limited to:
- (i) All necessary legal rights, including water rights;
- (ii) Licenses;
- (iii) Easements or permits, whether existing under federal, state, or local law or regulation;
- (iv) The relative status of secured or outstanding contracting arrangements; and
(v) The status of any incidental legal or governmental proceedings, including, but not limited to:
- (a) (a) The need for environmental impact studies, if not already prepared; and
- (b) (b) Any future authorizations or approvals required by electors, residents, members, and/or the governing body of the applicant;
- (16) All applicants should submit future capital improvement plans as they may relate to the proposed project or the applicant generally;
- (17) A copy of the current user charge (rate) ordinance/resolution and sewer use ordinance (sewer only), as applicable; and
- (18) Any other information required by law or regulation including without limitation disclosures required by Ark. Exec. Order No. 98-04 (Feb. 27, 1998).