West Virginia Code of State Rules › Agency 44 - Water Development Authority › Title 44 - LEGISLATIVE RULES WATER DEVELOPMENT AUTHORITY › Series 44-01 - Requirements governing disbursement Of loans And grants To governmental agencies For The design, acquisition Or construction Of water development projec › Section 44-1-9 - Loans to Governmental Agencies for Design, Acquisition or Construction of Water Development Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Purpose and
				Objectives.
This rule is promulgated for the purpose of setting forth the
				  procedures by which the Authority may make loans to governmental agencies to
				  finance the cost of the design, acquisition or construction of water development
				  projects by such governmental agencies. This Section 9 shall apply both to loans
				  to governmental agencies which have received a commitment from the United States
				  of America to make a construction grant to pay all or a portion of the cost of a
				  water development project and to loans to governmental agencies which have not
				  received such a commitment. The proceeds of the loan from the Authority shall be
				  used to pay all or part of the cost of a project as is not provided by funds from
				  other sources, including any such construction grant. The objective of such a
				  loan program is to stimulate the design, acquisition and construction of water
				  development projects by governmental agencies in the state, by providing all or a
				  portion of the funds required for the cost thereof.
9.2. Definitions applicable to this section.
9.2.1. "Act" means W. Va. Code
				'22C-1.
9.2.2. "Authority" means the
				West Virginia Water Development Authority.
9.2.3. "Applicant" means a governmental agency
				which applies for a loan pursuant to the provisions of this Section 9.
9.2.4. "Cost" means, as applied to water
				development projects, the costs of their design, acquisition and construction as
				provided in the Act, including, but not limited to: the cost of acquisition of
				all land, rights-of-way, property rights, easements, franchise rights and
				interests required for such acquisition and construction; the cost of demolishing
				or removing any buildings or structures on land so acquired, including the cost
				of acquiring any lands to which such buildings or structures may be moved; the
				cost of diverting highways, interchange of highways; access roads to private
				property, including the cost of land or easements therefor; the cost of all
				machinery, furnishings and equipment; all financing charges, and interest prior
				to and during construction and for no more than eighteen months after completion
				of construction; the cost of all engineering services and all expenses of
				research and development with respect to wastewater facilities; the cost of all
				legal services and expenses; the cost of all plans, specifications, surveys and
				estimates of cost and revenues; all working capital and other expenses necessary
				or incident to determining the feasibility or practicability of designing,
				acquiring or constructing any such project; all administrative expenses and such
				other expenses as may be necessary or incident to the design, acquisition or
				construction of the project; the financing of such design, acquisition or
				construction; the financing of the placing of any such project in operation; and,
				with the approval of the Authority, the cost of surveys, borings, preparation of
				plans and specifications, other engineering services and other similar and
				necessary services associated with the design, acquisition, or construction of a
				project; and shall include any amendments to the definition as provided in the
				Act.
9.2.5. "Governmental agency"
				means the state government or any agency, department, division or unit thereof;
				counties; municipalities; watershed improvement districts; soil conservation
				districts; sanitary districts; public service districts; drainage districts;
				regional governmental authorities and any other governmental agency, entity,
				political subdivision, public corporation or agency having the authority to
				construct, acquire or operate wastewater facilities; the United States government
				or any agency, department, division or unit thereof; and any agency, commission
				or authority established pursuant to an interstate compact or agreement; and
				shall include any amendments to the definition as provided in the Act.
9.2.6. "Loan" means a loan made by the
				Authority to an applicant pursuant to this Section 9 for funding all or part of a
				project's costs.
9.2.7. "Loan
				Agreement" means an agreement entered into between the Authority and the
				applicant pertaining to a loan and as more particularly described in Section 9.5
				of these rules.
9.2.8. "Project" or
				"water development project" means any wastewater facility, the cost of the
				design, acquisition or construction of which is financed in whole or in part from
				funds made available by grant or loan by, or through, the Authority as provided
				in the Act, including facilities, the cost of the design, acquisition or
				construction of which is authorized in whole or in part by the Authority or the
				design, acquisition or construction of which is financed in whole or in part from
				funds made available by grant or loan by, or through, the Authority as provided
				in the Act, including all buildings and facilities which the Authority deems
				necessary for the operation of the project, together with all property, rights,
				easements and interest which may be required for the operation of the project;
				and shall include any amendments to the definition as provided in the
				Act.