Rule 33-1-3.1.3 - Contents of ApplicationAll documents listed below must be complete and approvable when submitted to the Department staff:
1. An original and one copy of the DWSELF loan application must be submitted to the Department staff. When forms are provided by the Department staff these forms must be used, and these forms may not be altered. The DWSELF loan application may request assistance only for costs that are allowable in accordance with Appendix A of this regulation, and may include a construction contingency, as determined by the Department staff, in the project budget. The application must include in the Project Cost Breakdown any administration fee charged to the loan recipient by the Department. A complete application must conform to this regulation, including all Appendices, and must include the following: a. A complete DWSELF loan application form, which includes the amounts requested for construction/repairs, equipment, supplies, land/easements, testing contracts, contingency, contracts for planning, design, land acquisition, engineering services during construction/repairs and administration fees required by the Board.b. A certified copy of a resolution by the loan applicant's governing body which: i. declares an emergency, which meets the definition of an emergency as defined in Section I.C.(14) of this regulation, exists;ii. agrees to implement, prior to final disbursement of DWSELF funds, a per connection surcharge, over and above all existing user charges, adequate to completely cover repayment of the DWSELF loan;iii. commits the loan recipient's authorized representative to meet with the Department staff, prior to final disbursement of DWSELF funds, to discuss the results of the drinking water system viability/financial capability analysis to insure future operational/managerial capabilities and commits to implement the recommendations approved by the Department;iv. authorizes the submission of the application; andv. designates an individual or office to make application for assistance and to sign documents required to undertake and complete the project, on behalf of the applicant.c. A clear description from the certified operator or registered engineer or other qualified personnel (i.e. well contractor, equipment representative, electrician, etc.) explaining the circumstances leading up to this emergency.d. A registered engineer's (City/County Engineer or consulting engineer) or other qualified personnel's recommended course of action and estimated costs to remedy the emergency. If such project must be designed by a registered engineer in accordance with State Law and the Rules and Regulations of the Mississippi State Board of Registration for Professional Engineers and Land Surveyors, the report must include the seal of the professional engineer who prepared the report.e. Registered engineer's plans, specifications and contract documents, if applicable, and/or contracts for repairs/equipment/supplies needed to meet the emergency.f. A copy of contracts for all eligible engineering, observation, architectural, administrative, and legal services included in the DWSELF loan application, if applicable. All procurement actions related to the DWSELF Loan project must comply with state law and Appendix B of this regulation.g. A procurement certification from the Loan Applicant and the loan applicant's legal counsel, stating that all procurement actions related to the DWSELF loan project have been, and will be, in compliance with State law and Appendix B of this regulation.h. A draft user charge system and ordinance/corporate resolution. The user charge system must establish a surcharge over and above any existing user charges to the system's customers in an amount necessary to meet the repayment schedule established in the DWSELF loan agreement. The ordinance/corporate resolution enacting this user charge system must be enacted prior to final disbursement of DWSELF loan funds and by the date established in the DWSELF loan agreement.2. After loan award the loan recipient may request and receive Department approval to eliminate the surcharge if the loan recipient can demonstrate its user charge system is adequate to meet the repayment schedule established in the loan agreement.3. A draft water use ordinance/corporate resolution, if applicable - The water use ordinance or corporate resolution must require that new distribution lines, service lines, and connections are properly designed and constructed, must establish any prohibitions or conservation measures for water usage, and must establish any other requirements for use of the system determined appropriate by the loan recipient.4. A statement of the amount of all local funds necessary for the project and a Financial Certification Form from the Loan Applicant which states that all local funds necessary for the project have been secured, or will be secured within 30 days after loan offer, and a statement to this effect from the funding source(s). If all funds for the project are being requested from the DWSELF program, this certification need not be submitted.5. A completed water system financial capability summary.6. A Legal Certification Form from the Loan Applicant and the loan applicant's legal counsel, stating that (1) the loan applicant has authority under state laws and regulations to receive DWSELF loan assistance, to collect user charges through an approved user charge ordinance or corporate resolution, to enforce the user charge ordinance or corporate resolution and water use ordinance or corporate resolution, to repay the loan under the terms of the loan agreement, to comply with all other terms of the loan agreement, to own, operate, maintain and replace the facilities to be constructed with DWSELF loan funds, and that (2) there are no restrictions under federal or state laws or regulations regarding indebtedness which may prevent the loan applicant from executing the DWSELF loan agreement and implementing the project.7. A copy of the bid forms from the contract documents containing the registered engineer's cost estimates, if applicable. The costs shown on the application must match those on the bid forms.8. If the Loan Applicant is a water organization other than a county, incorporated municipality, or district, documentation of its tax exempt status under either federal or state law.9. Clear Site Certificates from the loan applicant and the title counsel indicating that the Loan Applicant has secured all real property and easements (including power and other utilities) necessary to build the project.10. Completion of the intergovernmental review process as described in Appendix G of this regulation, and submittal of a completed Intergovernmental Review Certification, any intergovenmental review agency comments received, and the action required to address all comments prior to awarding contracts for construction.11. Certification Regarding Debarment, Suspension and Violating Facilities.12. All other forms, documents, and supporting information that may be required by the Department.33 Miss. Code. R. 1-3.1.3
Miss. Code Ann. § 41-3-16(3)(b)