1. (a) Time to submit applications. Applications and required additional data or information shall be submitted within the timelines established in this section. The failure to timely submit the application, the information necessary to complete the application or additional requested information will result in project on the priority list being bypassed.

   1. (1) Deadline to submit application. Applications shall be submitted no later than three months from the invitation to apply for financial assistance. The Applicant will be notified when an application is administratively complete.
   2. (2) Incomplete applications. An Applicant shall cure any deficiency in an application upon request from the executive administrator and shall submit all requested information within fourteen days from receipt of the notice of a deficiency.
   3. (3) Additional information. The Applicant shall submit any additional or modified information or data required by the executive administrator within fourteen days of the request for same, regardless of the expiration of other applicable deadlines in this section.
   4. (4) Extension of time. The executive administrator may grant an extension of time to complete the application or to receive additional information and data if the Applicant can show good cause for the delay or if the delay is caused by an event of force majeure. The executive administrator exercises sole discretion in determining whether and to what extent to grant a time extension.

2. (b) Required Application Information. 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, the Applicant shall provide at a minimum, the following documentation:

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

      1. (A) request financial assistance, identifying 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.

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

      1. (A) 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, Chapter 551) and after providing all such notice as is required by the Open Meetings Act;
      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 outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issues of any kind or nature by EPA, the commission, Texas Comptroller of Public Accounts, 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 for the Applicant;
      4. (D) the Applicant warrants compliance with the representations made in the application in the event that the Board provides the financial assistance; and
      5. (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;

   3. (3) copies of the following project documents:

      1. (A) any draft or existing contracts for financial advisory and bond counsel consulting services to be used by the Applicant in applying for financial assistance; and
      2. (B) any draft or executed contracts for engineering services including the scope of services, level of effort, costs, project schedules, and other information sufficient to enable the executive administrator to perform an adequate review of the application. A project schedule shall be provided with the contract; the schedule must provide firm timelines for the completion of each phase of a project and note the milestones within the phase of the project.
   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;
   5. (5) if the Applicant provides or will provide wastewater 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;
   6. (6) documentation of the ownership interest, with supporting legal documentation, of 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. (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 a loan is closed, an Applicant shall submit executed copies of such contracts to the executive administrator;
   8. (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 furnished;
   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 necessary for the issuance of the bonds as part of the application or prior to closing;
   10. (10) if financing of the project requires 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;
   11. (11) an audit of the Applicant for the preceding year prepared in accordance with generally accepted auditing standards by a certified public accountant or licensed public accountant; and
   12. (12) if additional funds are necessary to complete the project, or if the applicant has applied for and/or received a commitment 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.

Source Note:The provisions of this §375.41 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective April 28, 2011, 36 TexReg 2611.