Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0003 - Loan and Investment Board › Chapter 15 - ABANDONED MINE LAND FUNDING FOR PUBLIC FACILITY PROJECTS › Section 15-5 - Application Procedure

Current through July 13, 2024
(a) Applications.
				Separate applications shall be prepared for each project. Applicants shall
				submit three (3) copies of their completed application to the Office. The
				Office will forward the application to AML for review.
(b) Timing. The Board shall meet on the third
				Thursday of each July to consider applications for AML funding under this
				chapter. Applications for the July meeting must be received by the third
				Thursday of the preceding April.
(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) Transmittal cover
				letter signed by a proper authority of the applicant;
(ii) Documentation showing public support,
				including documentation of public notice and opportunity for citizen
				input;
(iii) The amount requested
				and percentage split of total project costs;
(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 delineating all costs of the proposed project and the
				method by which the project costs were estimated;
(vi) 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;
(vii) A description of other project funding
				sources, committed or pending, and the portion of the project cost expected to
				be funded from each source, including any future funding applications under
				this chapter. The applicant must submit a funding commitment from all project
				funding sources, including the applicant, to demonstrate commitment to the
				project;
(viii) Information to
				demonstrate the eligibility of the project in accordance with the requirements
				for AML funding;
(ix) Information
				to demonstrate the need and importance of the project with regards to the AML
				funding;
(x) 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;
(xi) 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;
(xii)
				Applications shall be properly executed by the officers of the applicant. A
				copy of the resolution authorizing the filing of the application shall be
				attached;
(xiii) A standard
				resolution on a form provided by the Office;
(xiv) A map and photographs showing the
				project area, if applicable;
(xv) A
				financial statement of the applicant, on a uniform "General Financial
				Information" form provided by the Office that includes, but is not limited to,
				the following information:
(A) Assessed
				valuation for the current and two preceding fiscal years;
(B) Total bonded and non-bonded indebtedness,
				including outstanding principal balance, interest rate, and remaining
				term;
(C) Total mills levied within
				the jurisdiction of the applicant for the current and two preceding years; and
				a breakdown of the mill levy for the current fiscal year;
(D) Sales and use tax imposed within the
				jurisdiction of the applicant;
(E)
				A summary of the applicant's total investments and cash balances for the two
				preceding fiscal years;
(F) The
				applicant's current water and sewer rates, tap fees, and an indication if water
				meters have been installed.
(xvii) If an applicant submits multiple
				applications under this chapter for consideration at one meeting, a priority
				ranking of the multiple applications must be established by the
				applicant;
(xviii) The names of any
				land developers or others whose business ventures will directly benefit in an
				amount equal to or in excess of 10% of the project cost and a showing whether
				funding or other assistance has been requested, received or pledged from these
				sources;
(xix) If the project is
				needed to meet a federal or state health and safety requirement, provide
				documentation of the specific requirement(s) and an explanation of how the
				project addresses the requirement(s);
(xx) Applications submitted by a special
				district, either standing alone or as a member of a joint powers board, shall
				provide a written review from the board of county commissioners in any county
				in which the special district or joint powers board is located. The board of
				county commissioners shall review:
(A) the
				ability of the special district to fund the project through bonds,
(B) whether the project is adverse to the
				needs, plans or general welfare of the county,
(C) whether the special district has met
				county standards. If any part of the special district lies within five (5)
				miles of the corporate limits of any city or town, the special district's
				funding or loan application shall also receive a written review from the
				governing body of the city or town;
(xxi) Applications shall contain
				documentation that a public hearing has been held in accordance with footnote 4
				of Enrolled Act No. 1 of the fifty-fourth legislature. Evidence of the public
				hearing shall consist of:
(A) a copy of the
				notice of public hearing in a newspaper of general circulation in the affected
				locality published at least once a week for three consecutive weeks immediately
				preceding the hearing. Said notice should give details of who the applicant is,
				the project to be funded and the amount of funds requested.
(B) A copy of the minutes of the public
				hearing reflecting the comments for or against and the number of commentors.
(C) A copy of the affidavit of
				publication from each newspaper in which the notice of public hearing was
				printed. In cases that it appears to the Director there is considerable public
				interest in the project, the Director shall request and the applicant shall
				provide a written summary of all comments received at the public hearing. In
				the case of an emergency funding application the hearing requirements must be
				met before any of the emergency funding award can be disbursed. In the event
				that this footnote is not continued or similar legislation enacted, this
				requirement shall be void for applications submitted for consideration under
				this chapter after the January 15, 1998 meeting.