31 Tex. Admin. Code § 355.71 - Purpose and Policy
(a) Availability. The
board will make funds available through the research and planning fund or
development fund to political subdivisions in affected counties for up to 100%
of the cost of facility planning for water and wastewater facilities to serve
economically distressed areas. The determination of the amount of grant made
available by the board shall be made under the following criteria:
(1) If an applicant has unrestricted cash
reserves in an amount that is more than one and one-half times than the
preceding year's average monthly operation and maintenance expenses, the board
may fund 75% of the cost of the facility planning, with the applicant providing
at least 50% of the remaining cost of the facility planning in the form of
cash;
(2) Upon written request of
an applicant for a greater grant percentage and if the applicant has
unrestricted cash reserves of less than one and one-half times but equal to or
greater than one times the preceding year's average monthly operation and
maintenance expenses, the board may fund 87.5% of the cost of the facility
planning, with the applicant providing for the remaining portion of the
facility planning by providing in-kind services or any combination of cash and
in-kind services;
(3) Upon written
request of an applicant for a greater grant percentage and if the applicant has
unrestricted cash reserves of less than one times the preceding year's average
monthly operation and maintenance expenses, the board may fund 87.5% of the
cost of the facility planning, with the applicant providing for the remaining
portion of the facility planning by providing in-kind services; provided
however, upon certification by the applicant that the applicant does not have
the staff or that the applicant's staff lacks sufficient expertise to perform
any in-kind contribution, the board may provide 100% of the cost of the
facility planning; or
(4) Funds
made available to the board pursuant to an agreement which specifies terms and
conditions under which the board may distribute such funds shall be provided to
eligible applicants based on the availability of the funds and pursuant to the
criteria and in the manner set forth in such funding agreements. Any such
agreements shall be available upon request.
(b) Engineering. To make the most effective
use of the limited amount of funds available, the applicant will confer with
the board on all significant decisions related to facility planning.
(c) Professional engineer. All facility
planning reports and plans shall be signed and sealed by a professional
engineer in accordance with the Texas Engineering Practice Act, Texas
Occupations Code, Chapter 1001.
(d)
The board may provide financial assistance for costs necessary to provide water
or sewer services to economically distressed areas for the preliminary
planning, including contingencies as determined by the board, to determine the
feasibility of a water supply project, treatment works, or flood control
measures. The grant agreement shall provide for the board to retain a minimum
of 15% of the progress payments otherwise due to the applicant until the funded
deliverable, as defined in the grant agreement, is substantially complete and
is authorized by the executive administrator.
Notes
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