Wyo. Code R. 060-0003-3
Loan and Investment Board
Chapter 3: Fed Mineral Royalty Capital Const. Acct Grants
Effective Date: 11/24/1999 to 06/28/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0003.3.11241999
STATE LOAN AND INVESTMENT BOARD
Section 1. Authority.
This chapter is adopted pursuant to W.S. 9-4-604 and Laws 1979, Chapter 160, Section 6.
Section 2. Definitions.
As used in this chapter:
Section 3. General Policy.
The Board shall award grants under the provisions of this chapter in such a manner and to such applicants as shall, in the judgment of the Board, inure to the greatest benefit of the citizens of the state and represent a prudent use of grant funds.
Section 4. Grant Eligibility.
(a) Applicants. Incorporated cities and towns, counties, special districts and joint powers boards shall be eligible to apply for grants under this chapter. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to submitting an application.
(b) Purposes. Pursuant to W.S. 9-4-604(a), the Board may award grants necessary to alleviate an emergency situation which poses a direct and immediate threat to health, safety or welfare, to comply with a federal or state mandate, or to provide an essential public service.
(i) The Board interprets the term, “federal or state mandate” as used in W.S. 9-4-604(a) to mean those federal or state mandates that specifically concern public health and safety.
(ii) The Board interprets the term, “essential public service” as used in W.S. 9-4-604(a) to mean a public service facility owned by the applicant and available for use by the general public including: water and sewer projects, storm drainage projects, street and road projects, solid waste disposal projects, acquisition of emergency vehicles, public administration buildings, health care facilities, senior citizens centers, jail and detention facilities, facilities needed to provide services to the disabled and similar facilities as authorized by the Board. The term also means refinancing outstanding loans extended to the applicant.
(c) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds and shall be ineligible to be counted toward the applicant’s match:
(i) Costs for sidewalks that are owned or maintained by a private property owner;
(ii) Costs for tap fees, sewer and water fees, and plant investment fees;
(iii) Engineering fees, including design, inspection and contract administration costs, over twenty percent (20%) of project cost;
(iv) All non-cash costs except:
(A) Land, labor, materials, equipment, and services provided by the applicant, and used for project purposes, valued at reasonable, actual cost; and
(B) Land, labor, materials, equipment, and services provided to the applicant by others, at no cost to the applicant, used for project purposes and valued at reasonable, actual cost.
(v) Costs for preparation or presentation of grant or loan applications for any source of funding;
(vi) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;
(vii) Costs for furnishings;
(viii) Legal fees;
(ix) Costs related to issuance of bonds;
(x) Costs for real property in excess of current fair market value and/or costs for an amount of real property in excess of that needed for project purposes;
(xi) Costs to establish and form special districts or joint powers boards;
(xii) Costs incurred prior to grant award, except costs for architectural and engineering design or in emergency situations;
(xiii) Costs for a contingency or extra work allowance in excess of 10% of estimated construction costs;
(xiv) Costs for stand alone street chip and seal projects.
(a) Applications. Separate applications shall be prepared for each project. Applicants shall submit three (3) copies of their completed application to the Office. Applications shall be properly executed by the officers of the applicant.
(b) Timing. The Board shall meet regularly on the third Thursday of each January and July to consider applications for grants under this chapter. Applications for the January Mineral Royalty Grant meeting must be received by the third Thursday of the preceding September. Applications for the July Mineral Royalty Grant meeting must be received by the third Thursday of the preceding March. Applications for emergency consideration must be received at least ten (10) working days prior to any regular meeting of the Board.
(c) Renewal of Applications. Applications shall be retained by the Office and may be renewed only by a written request from the applicant received within the time period established in subsection (b) of this section. If applications are not renewed, they shall be destroyed by the Office.
(d) Information Required for All Applications. The following information shall be provided in all applications:
(i) An application cover page on a form provided by the Office;
(ii) A project summary on a form provided by the Office;
(iii) The grant amount requested and percentage of total project costs that the grant would pay;
(iv) A full description of the proposed project, specifically including, but not limited to, a phase construction schedule, if applicable;
(v) A detailed project budget broken into at least six (6) month intervals delineating all costs of the proposed project and the method by which the project costs were estimated;
(vi) A licensed engineer’s statement of the feasibility of the project, except for the purchase of emergency vehicles;
(vii) The geographic area and population served directly and indirectly by the project and the percentage of the applicant’s population directly served by the project;
(viii) A description of other project funding sources, committed or pending, the portion of the project cost expected to be funded from each source, including any future grant appli- cations under this chapter, and copies of funding commitments from all project funding sources, including the applicant, to demonstrate commitment to the project;
(ix) If the applicant is a special district, a copy of the resolution that shows formation of the special district and certification from the Board of County Commissioners that the special district currently exists;
(x) If the applicant is a joint powers board, a copy of the certificate of organization filed with the Secretary of State, and a copy of an executed joint powers agreement approved by the Attorney General;
(xi) A standard resolution authorizing the filing of the application on a form provided by the Office;
(xii) A financial statement of the applicant, on a uniform “General Financial Information” form provided by the Office;
(xiii) If an applicant submits multiple applications under this chapter for consideration at one meeting, a priority ranking of the multiple applications as established by the applicant;
(xiv) If the project is needed to meet federal or state health and safety requirements, documentation of the specific requirements and an explanation of how the project addresses the requirements;
(xv) For applications submitted by a special district, either standing alone or as a member of a joint powers board, the written review from the board of county commissioners in any county in which the special district or joint powers board is located required by W.S. 9-4-604(h); and
(xvi) Other applicable information as requested by the Office.
(e) Additional Information Required. If the grant funds requested by the applicant exceed fifty percent (50%) of estimated project costs, the following information shall also be provided in the application:
(i) If the grant request is for water facilities,
(A) Whether water meters have been installed or will be installed;
(B) Whether the applicant will require the owners of all new additions of land to the city or town to pay all costs of expanding the water system within and to the boundaries of the addition; and
(C) Whether water rates, tap fees, and plant investment fees are in effect or are to be adopted, and an analysis of whether the water rates will be adequate to finance the operation and maintenance of the system;
(ii) If the grant request is for sewer facilities,
(A) Whether the applicant will require the owners of all new additions of land to the city or town to pay all costs of expanding the sewer system within and to the boundaries of the addition; and
(B) Whether sewer rates, tap fees, and plant investment fees are in effect or are to be adopted, and an analysis of whether the sewer rates will be adequate to finance the operation and maintenance of the system.
(f) Preliminary Review. Within forty-five (45) working days of receipt of an application, the Office shall notify the applicant, in writing, if the application lacks any of the items required in subsections (d) and (e) of this section. The applicant shall have ten (10) working days to submit the required information.
(g) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.
(h) When applications are received by the Office that would serve, to some extent, the same population, the Office shall notify all the applicants submitting overlapping applications. The applicants shall prioritize the applications serving the same population and submit their priority ranking of the applications to the Office within thirty days after notice.
(a) Criteria. The Board shall evaluate applications utilizing the following criteria:
(i) The extent of match committed to the project from all sources;
(ii) Whether the applicant has made a significant commitment of local resources;
(iii) Whether the applicant has matching funds for the project from other than state grants;
(iv) Whether the project is appropriately sized in relation to the population to be served by the project;
(v) The relative urgency of the project;
(vi) Whether the applicant is current on all its repayment obligations to the Board;
(vii) The extent to which the applicant is utilizing, or plans to utilize, available and qualified Wyoming based professional firms and contractors on the project;
(viii) The financial need of the applicant, as determined by the Board;
(ix) The percentage of the applicant’s population directly served by the project;
The Board shall consider each application, allow for comments from the applicant and from the Director, and establish the maximum amount of the grant and the percent of eligible project costs that will be paid by the grant.
(a) Grant Disbursement. Grant funds shall be disbursed to the applicant only as needed to discharge obligations incurred in accordance with the Board approved percentage split of eligible project costs. Requests for disbursements shall be made on a form supplied by the Office and supported by adequate proof that such obligations have been incurred for project purposes and are due and owing.
(b) The minimum grant disbursement shall be Five Hundred dollars ($500.00) unless it is the final disbursement of grant funds for the project.
(c) Fund Reversion.
(i) If the Director determines that the project has not been commenced within one (1) year from the date the grant is approved, the grant will automatically expire. Based upon information supplied by the grantee, the Director may grant an extension of time in which to commence the project.
(ii) If the Director determines that the project has not been completed within a reasonable time, he shall notify the grantee in writing at least thirty (30) days prior to presenting the matter for Board review. The Board, upon review of the project circumstances, may terminate or modify the grant award.
(iii) If the Director determines that the project is complete, but the full amount of the grant has not been expended, the Office shall notify the grantee of this determination. Thirty (30) days following the notification, the unused portion of the grant or loan shall revert to uncommitted status.
The Board may, at its expense, conduct an audit of the records of the applicant and inspect the construction and operation of the project.
Amendments to these rules do not apply to applications filed after the effective date for phased construction projects which have already received partial funding under this chapter.