085-3 Wyo. Code R. § 3-2

Current through April 27, 2019

Section 3-2 - Application Submittal Requirements

An applicant shall submit one (1) copy of the draft application and draft application materials to the Wyoming Business Council Regional Director at least two weeks in advance of the application deadline. An applicant shall submit three (3) copies and one digital copy of its completed application to the Council staff The application shall include:

(a) An application provided by the Council staff

(b) 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, if the applicant is a joint powers board.

(c) A full description of the proposed project.

(d) A clear budget statement of the source and use of all funds needed to complete the project facility. An explanation of the level of commitment of other funds to complete the project facility. The budget must be supported by an engineer's or architect's estimate of project costs. Loans will be made only to applicants that demonstrate that upon receipt of the loan all project costs will be funded.

(e) An inspection report prepared by an engineer or architect documenting the structural condition of the facility or building to be renovated. The report shall also include information indicating the condition and age of the facility or building components to include but not be limited to:

• (i) Plumbing.

• (ii) Mechanical.

• (iii) Roof.

• (iv) Environmental hazards, i.e. asbestos, lead based paint.

(f) A detailed map of the site showing the location of the infrastructure to be funded.

(g) A copy of the certificate of incorporation of the organization, if the project will be carried out by contract with a Community Development Organization or State Development Organization.

• (i) A Community Facility Business Plan for the operation of the project facility to include at a minimum the following:
  • (A) Executive Summary, a one page summary of the entire business plan.
  • (B) Financial projects that clearly identify funding sufficient to cover the projected operation and maintenance costs.
  • (C) Performance measures of desired outcomes, in the form of baselines or other evaluation criteria, which will address how well the project meets local community economic development or enhancement of quality of life goals.
  • (D) Ownership, identify all owners of the project facility.

• (ii) A Community Facility Business Plan should contain, as appropriate, the following:
  • (A) Description of the equipment necessary to operate and maintain the project facility.
  • (B) Description of the personnel necessary to operate and maintain the project facility. Include the management experience of the personnel and partners.
  • (C) A project facility marketing plan.

(h) The source of repayment of the loan.

(i) Proposed security for the loan.

(j) In order for the Council to determine the ability of the applicant to repay a loan and to aid the Attorney General in evaluating the legality of the proposed indebtedness, an applicant shall provide an annual budget for the preceding and current fiscal years and a completed financial statement provided on a "General Financial Information" form provided by the Council staff, that includes, but is not limited to the following information:

• (i) Assessed valuation for the current and two (2) preceding fiscal years;

• (ii) Total bonded and non-bonded indebtedness, including outstanding principal balance, interest rate, and remaining term;

• (iii) Total mills levied within the jurisdiction of the applicant for the current and two (2) preceding years: and, a breakdown of the mill levy for the current fiscal year;

• (iv) Sales and use tax imposed within the jurisdiction of the applicant;

• (v) A summary of the applicant's total investments and cash balances for the two (2) preceding fiscal years.

(k) 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, if the applicant is a joint powers board.

(l) A copy of a signed resolution supporting the submittal of the application from the governing body of the applicant or all participating agencies if the applicant is a joint powers board.

(m) Information outlining the capacity of the applicant to properly manage the loan and the project. This should include previous loan and grant management experience and the name and qualifications of the individual who will manage the loan.

(n) Information required to document need. To satisfy the requirements of Chapter 1, Section 14, the following documentation shall be submitted with the application:

• (i) Written certification by the applicant committing to adequately maintain the project facility for which the loan is requested for at least four (4) years. The certification shall clearly identify funding sources to cover all maintenance and operational costs.

• (ii) Copy of the partnership or working agreement or agreement with other local governmental entities to ensure the viability of the project facility for at least four (4) years.

• (iii) Copy of the agreement between the applicant and the school district as required in Chapter 1, Section 9.

• (iv) Written certification by the applicant that the project facility is not otherwise provided in the community or that such facility exists except that the financing of that facility has not been paid in full. Written certification that the project facility will not compete with existing governmental organizations or businesses. See Chapter 1, Section 10 for related public notice and hearing requirements.

• (v) An applicant must demonstrate the project facility relates to and is mentioned in a community economic development plan or a need exists to enhance the quality of life in the community. This is demonstrated by having some or all of the following in place:
  • (A) A current Comprehensive Economic Development Strategy (CEDS), or other economic development plan covering the area.
  • (B) A capital facilities plan with a priority listing of proposed community facility projects and sites related to economic development and quality of life goals.
  • (C) Other appropriate plans or studies which support the project facility and indicate its chances of achieving success in fulfilling economic development and quality of life goals.

• (vi) A written certification that all project facility costs identified in the application budget will be funded at the time of receipt of the grant.

(o) A contingency contract for purchase or transfer of the project facility upon notification of a loan award, or evidence the project facility is already owned by the applicant.

(p) Other applicable information as requested by the Council staff.

085-3 Wyo. Code R. § 3-2