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Legal Resources | Title 5 |  T5  20416  

Matching Funds.   

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(a) Resolution certifying the project budge the local funding commitment, supplemental funds and the application:

(1) The governing body of the applicant shall certify by resolution the following:

(A) the project budget contained in the application (See section 20418(e) and application form section entitled "Library Project Budget"),

(B) the commitment of local matching funds,

(C) the applicant's ability to finance the supplemental funds necessary to complete the project in a timely manner (See section 20418(d)),

(D) that local matching and supplemental funds will be available when needed to meet the project's cash flow requirements (See section 20418(d)),

(E) the accuracy and truthfulness of all information contained in the application form (See section 20420(e)), and

(F) a commitment to operate the completed facility and provide direct public library service, unless the facility shall be operated by a jurisdiction other than the applicant (See section 20424(a)).

(2) The resolution shall be supported by official action taken at an open meeting of the governing body of the applicant and duly recorded in the minutes of that meeting. The resolution shall be signed by the duly elected head of the jurisdiction and notarized or validated by the affixing of the official seal of the clerk of the jurisdiction. The resolution shall be submitted with the application prior to the State Librarian's deadline for application. An application submitted without the resolution shall be deemed ineligible by the State Librarian.

(3) Private funds from donations, gifts or foundations which are identified as such in the library project budget section of the application form shall be deposited in a fund account under the complete control of the applicant prior to the State Librarian's deadline for applications. An account statement bearing on its face an original signature of the applicant's fiscal officer and a statement certifying the necessary account balance from private sources and the applicant's control over the account, shall be submitted with the application prior to the State Librarian's deadline for applications.

(b) In-kind expenditures or donations. In-kind expenditures or donations of materials, labor, equipment, works of art, articles or services of value of any kind shall, not qualify as matching funds, and shall not be counted as eligible project costs.

(c) Land credit.

(1) The State Librarian shall allow credit for all land already acquired by the applicant, which has not been rejected by the State Librarian as a library site, except:

(A) land already owned by the applicant and dedicated to the operation of an existing public library;

(B) land not owned by the applicant, but secured by a lease or lease purchase agreement.

(2) The credit allowance for land purchased by the applicant prior to three years of the State Librarian's deadline for applications shall be the appraised value of the land for the library project.

(3) The credit allowance for land purchased by the applicant for the library project within three years of the State Librarian's deadline for applications shall be the purchase price paid by the applicant for the land or the appraised value of the land.

(4) No credit allowance shall be made for land which will be purchased by the applicant after the State Librarian's deadline for application (See section 20414(g)(2)(A)).

(5) The credit allowance for land which has been donated to the applicant prior to the State Librarian's deadline for applications shall be the appraised value of the land for the library project.

(6) No credit allowance shall be made for land which will be donated to the applicant after the State Librarian's deadline for application (See section 20414(g)(2)(D)).

(7) No credit allowance shall be made for land which has been acquired through a lease or a lease purchase agreement.

(8) No credit allowance shall be made for land which is already owned by the applicant and dedicated to the operation of an existing public library.

(d) Appraisal.

(1) For the purpose of determining the appraised value of land or a building, a certified appraisal shall be obtained by the applicant and submitted with the application prior to the State Librarian's deadline for applications.

(2) A "certified appraisal" means conformance with the requirements of the Lancaster-Montoya Appraisal Act (Civil Code sections 1922 to 1922. 14).

(3) The appraiser performing the certified appraisal shall be a member of the American Institute of Real Estate Appraisers, or the Appraisal Institute and carry the MAI designation, or a member of the Society of Real Estate Appraisers and carry the SREA designation.

(4) The appraiser shall be an independent contractor, and not an employee or agent of the applicant or the seller of the proposed library site.

(5) If the certified appraisal is contested by either the State Librarian or the applicant, one or more additional certified appraisals shall be obtained by the applicant and the difference in the appraisals shall be resolved with a determination of land value made by the Office of Real Estate and Design Services in the Department of General Services for the State of California.

(e) Furnishings credit. Cash expenditures, not to exceed 10 percent of the eligible project costs, for furnishings required to make the facility fully operable may be credited towards the 35 percent matching funds requirement.

(f) Architectural plans credit.

(1) The State Librarian shall give credit for architectural plans and drawings developed solely for the public library project for which application is being made. The plans and drawings shall have been created by an architect or engineer licensed to practice in the State of California. The combined credit and eligible cost for architectural plans and drawings shall not exceed twelve percent of the construction cost of the project.

(2) "Architectural plans and drawings" means, and is limited to, any of the following documents necessary for the design of the public library building:

(A) conceptual plans and drawings,

(B) schematic plans and drawings,

(C) preliminary or design development plans and drawings, and

(D) final working drawings and specifications, commonly referred to as contract documents.

Authority cited:

Education Code 19960

Reference:

Education Code 19957

Education Code 19961

Education Code 19962

Education Code 19964

Education Code 19967

(Amended by Register 90, No. 50.)