Or. Admin. Code § 123-046-0120

Current through Register Vol. 63, No. 11, November 1, 2024
Section 123-046-0120 - Application Review and Approval
(1) For a tide gate project, the Department must make the following determinations:
(a) That a tide gate construction project is feasible as demonstrated by certification from a professional engineer registered in the State of Oregon in a feasibility study, such as a feasibility study consistent with 123-046-0060(2), or other feasibility documentation approved by the Department.
(b) Any loan is secured by the pledge of utility revenues or other revenues or payments from owners of specially benefited properties, and these revenues or payments are sufficient, when considered with other security, to assure repayment of the loan and the borrower has certified to the Department that there will be adequate funds available to repay the loans made to the municipality from the fund.
(c) Moneys in the appropriate accounts of the fund are or will be available for the project.
(d) The applicant is willing and able to enter into a contract with the Department.
(e) The project is consistent with the requirements governing assistance from the fund. If the Department determines that the applicant or the proposed project does not meet the requirements of this OAR 123-046-0120, the Department may reject an application or require further documentation from the applicant.
(2) To award assistance from the fund for a tide gate project, the Department must determine that the applicant has, or has demonstrated the ability to secure, the administrative capacity to undertake and complete the project.

Or. Admin. Code § 123-046-0120

OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/5/2020through 4/1/2021; OBDD 4-2021, adopt filed 03/15/2021, effective 3/15/2021

Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020

Statutes/Other Implemented: Ch 10, OL 2020