In addition to any other information that may be required by the executive administrator or the board, the applicant shall provide:

1. (1) a resolution from its governing body which shall:

   1. (A) request financial assistance and identify the amount of requested assistance;
   2. (B) designate the authorized representative to act on behalf of the governing body; and
   3. (C) authorize the representative to execute 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.

2. (2) a notarized affidavit from the authorized representative stating that:

   1. (A) 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 (Government Code, §551.001, et seq,);
   2. (B) the information submitted in the application is true and correct according to best knowledge and belief of the representative;
   3. (C) 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; and
   4. (D) 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.
3. (3) copies of any proposed or existing contracts for consultant financial advisory, engineering, 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;
4. (4) 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;
5. (5) if the applicant provides or will provide water supply or wastewater collection and/or treatment service to another entity, the applicant shall submit the actual or proposed agreements, contracts or other legally binding instruments which establish this service relationship;

6. (6) a description of all real property interests (sites, easements, rights-of-way, or specific use permits) necessary for construction of the project including:

   1. (A) a statement explaining the status and means of obtaining the property interests;
   2. (B) certification that it has the necessary legal powers and authority to obtain the property interests; and
   3. (C) a copy of any proposed or existing lease or other agreement transferring interests in any land acquired or to be acquired for the project;
7. (7) if financing of the project will require 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 a loan is closed, an applicant shall submit executed copies of such contracts to the executive administrator;
8. (8) if 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 in the issuance of the prior lien bonds shall be furnished; and
9. (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 as to each proposition necessary for the issuance of the bonds to the board as part of the application.

Source Note:The provisions of this §375.33 adopted to be effective February 11, 1999, 24 TexReg 769.