Rules & Regulations of the State of Tennessee
Title 1715 - Utility Management Review Board
Chapter 1715-03 - Utility Relocation Loan Program
Section 1715-03-.03 - DETERMINATION OF ELIGIBILITY
Universal Citation: TN Comp Rules and Regs 1715-03-.03
Current through September 24, 2024
(1) Applicants.
(a) Only local governments as defined in this
chapter shall be eligible for loans to assist in financing the cost of construction
utility relocation projects.
(b) The
applicant shall certify to the satisfaction of the Board all of the following:
1. The applicant is a local government as defined
in this chapter;
2. The applicant shall
certify that the additional debt, together with the applicant's existing debt, is
within the debt limitation provisions of the general laws of the State;
3. The applicant will comply with all applicable
laws, rules, and regulations of the State; and
4. As determined from the detailed engineering
report and other available information, the estimated revenues to be derived from
the project under the applicant's proposed schedule of fees and charges will provide
for proper operation, maintenance, depreciation, administration, reasonable
expansion of the utility facilities and repayment of present and proposed
indebtedness. For this purpose, if the project described in the application is to be
an integral part of existing utility facilities, the revenues to be derived from
operation of the entire system shall be utilized in determining the adequacy of the
applicant's proposed schedule of fees and charges.
(2) Applications and Loan Program Agreements.
(a) An application for a loan shall include but
not be limited to the following:
1. A letter from
the local government;
2. A letter from
the Tennessee Department of Transportation describing the project and requiring the
local government to relocate its utility facilities;
3. An engineering report describing the project,
including all estimated costs;
4.
Estimated time of construction;
5. Cash
flow projections;
6. Evidence of
inability to obtain other financing, including but not limited to letters from
lending institutions; and
7. Three (3)
years of audited financial statements.
(b) Complete applications will be processed on a
first-come, first-served basis by the Board.
(3) Project Costs.
Eligible project costs shall include but not be limited to: actual cost of construction, materials, equipment, and appurtenances; actual cost of engineering, legal and fiscal services related to the project; actual costs of purchase or acquisition of real property or interests therein; and actual costs caused by change orders and the costs of meritorious contractor claims provided the costs are within the scope of the project.
Authority: T.C.A. §§ 4-5-202 and 7-82-702.
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