Ariz. Admin. Code § 18-15-104

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-15-104 - General Financial Assistance Application Requirements

A. The applicant shall provide in the financial assistance application the information in subsections (B), (C), (D), and (E).

B. The applicant shall demonstrate the applicant is legally authorized to apply for long-term indebtedness, and is legally authorized to declare its intent to obligate a dedicated revenue source for repayment under subsection (C).

1. If the applicant is a political subdivision and the long-term indebtedness is authorized through an election, the applicant shall provide all of the following:

a. One copy of the sample election ballot and election pamphlet, if applicable;

b. One copy of the governing body resolution calling for the election; and

c. Official evidence of the election results following the election.

2. If the applicant is a political subdivision and the long-term indebtedness is not required by law to be authorized through an election, the applicant shall provide one copy of the approved governing body resolution authorizing the application for long-term indebtedness and an identification of the dedicated revenue source.

3. If the applicant is a political subdivision and the long-term indebtedness is authorized through a special taxing district creation process, the applicant shall provide one copy of the final documentation, notices, petitions, and related information authorizing the long-term indebtedness.

4. If the applicant is regulated by the Arizona Corporation Commission, the applicant shall provide evidence that the Arizona Corporation Commission authorized the financing decision.

5. All other applicants shall demonstrate that a majority of the beneficiaries consent to apply to the Authority for financial assistance. The Authority shall assist each applicant to devise a process by which this consent is documented.

C. The applicant shall identify a dedicated revenue source for repayment of the financial assistance and demonstrate that the dedicated revenue source is sufficient to repay the financial assistance.

1. The applicant shall provide the following information:

a. Amount of the financial assistance requested;

b. One copy of each financial statement, audit, or comprehensive financial statement from at least the previous five financial operating years (fiscal or calendar);

c. One copy of each budget, business plan, management plan, or financial plan from the current financial operating years (fiscal or calendar);

d. One copy of the proposed budget, business plan, management plan, or financial plan for the next financial operating year (fiscal or calendar);

e. Documentation of current rates and fees for drinking or wastewater services including, as applicable, any resolutions related to rates and fees passed by the governing body of a political subdivision; and

f. Copies of documentation relating to outstanding indebtedness pledged to the dedicated source for repayment, including official statements, financial assistance agreements, and amortization schedules.

2. If any of the required information listed in subsection (C)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's financial capability.

3. The Authority may ask for additional financial information as necessary to evaluate the applicant's financial capability.

D. The applicant shall demonstrate the applicant is technically capable to construct, operate, and maintain the proposed project.

1. The applicant shall provide the following information:

a. An estimate of the project costs in as much detail as possible, including an estimate of applicable planning, design, construction, and material costs;

b. The number of connections to be served by the proposed project;

c. The most recent version of the applicant's capital improvement plan or other plan explaining proposed infrastructure investments;

d. One copy of each feasibility study, engineering report, design memorandum, set of plans and specifications, and other technical documentation related to the proposed project and determined applicable by the Authority for the stage of project completion;

e. Biographies or related information of the certified operators, system employees, or contractors employed by the applicant to operate and maintain the existing facilities and the proposed project;

f. A description of the service area, including maps and system schematics; and

g. A description of the existing physical facilities.

2. The Authority may ask for additional information as necessary to evaluate the applicant's technical capability. If any of the required information listed in subsection (D)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's technical capability.

E. The applicant shall demonstrate the applicant is capable of managing the system and the proposed project.

1. The applicant shall provide the following information:

a. Years of experience and related information regarding the owners, managers, chief elected officials, and governing body members of the applicant; and

b. A list of professional and outside services retained by the applicant.

2. If any of the required information listed in subsection (E)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's managerial capability.

3. The Authority may ask for additional information as necessary to evaluate the applicant's managerial capability.

Ariz. Admin. Code § R18-15-104

Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.