1. (a) Bond election results. If a bond election is required by law to authorize the issuance of bonds to finance the project, such election should be held prior to consideration of the application by the board. The applicant shall provide the executive administrator with the election date and election results as to each proposition submitted.
2. (b) Resolution. The applicant shall submit a certified copy of a resolution of its governing body requesting financial assistance from the board, authorizing the submission of the application, designating the authorized representative for executing the application, and appearance before the board.
3. (c) Utilities service. If the applicant provides or will provide water supply or sewage collection and/or treatment service to another entity, or receives, or will receive water supply or sewage collection and/or treatment service from another entity, the applicant shall submit the actual or proposed agreements, contracts, or other legally binding instruments which establish this service relationship. Before a loan is closed, a certified copy of such agreement shall be required. The executive administrator may waive this requirement in whole or in part in the case of a project where the applicant is the supplier of water, sewage collection, and/or treatment services to other municipal entities, provided the applicant can demonstrate that its financial strength is adequate to continue the project even if one of the proposed customer entities fails to participate.
4. (d) Other contracts. 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, the applicant shall submit a copy of any actual or proposed contracts under which the applicant's gross income is expected to accrue. Before a loan is closed, an applicant shall submit certified copies of such contracts to the executive administrator.
5. (e) Affidavit. The applicant shall submit an affidavit executed by the authorized representative stating that the facts contained in the application are true and correct to his best knowledge and belief.

6. (f) Construction contract. The applicant shall submit a copy of any existing construction contract.

   1. (1) All contracts shall have provisions assuring compliance with the board's rules and all relevant statutes.
   2. (2) The applicant shall be represented by a registered professional engineer who shall inspect the project at each phase of construction to assure construction in substantial compliance with the contract documents and in accordance with sound engineering principles and the terms and provisions of the construction contracts.
   3. (3) The applicant shall submit such other provisions as may be deemed necessary to provide the board and the applicant adequate control to ensure that materials furnished or work performed conform with the provisions of the construction contracts.
7. (g) Consultant contracts. The applicant shall submit copies of any proposed or existing contracts for consultant services necessary for construction of the proposed project and included as part of the total cost of the 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.
8. (h) Compliance with state law. The applicant shall submit a certification by the authorized representative of the applicant in a form acceptable to the board which warrants compliance by the applicant with all representations in the application, all laws of the State of Texas, and all rules and published policies of the board.
9. (i) Ordinance for prior lien bonds. If bonds to be sold to the board are revenue bonds secured by a subordinate lien, then a copy of the authorizing instrument of the governing body in the issuance of the prior lien bonds shall be furnished.
10. (j) Other information. The applicant shall submit other information requested by the board or the executive administrator which is reasonably necessary for an adequate understanding of the project.

11. (k) Sites and easements. The applicant shall submit a description of all real property interests (sites, easements, rights-of-way, or specific use permits) necessary for construction of the project.

    1. (1) The applicant shall submit a statement explaining the status and means of obtaining the property interests.
    2. (2) The applicant shall provide certification that it has the necessary legal powers and authority to obtain the property interests.
    3. (3) The applicant shall submit a copy of any proposed or existing lease or other agreement transferring interests in any land acquired or to be acquired for the project.
12. (l) Compliance with SRF capitalization grant requirements. The applicant's authorized representative shall certify in a form acceptable to the board that the applicant will comply with all federal laws, regulations, and rules which apply to the SRF loan program.

Source Note:The provisions of this §375.34 adopted to be effective February 25, 1988, 13 TexReg 791; amended to be effective June 30, 1988, 13 TexReg 3077; amended to be effective April 21, 1989, 14 TexReg 1749.