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Section 7: Economically Disadvantaged/Insolvent Utilities

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Policy

Economically disadvantaged or insolvent utilities may own utility facilities located on a proposed highway project. Cooperatives or small communities may not be able to finance the adjustment of their facilities. They may not have a governing body to take responsibility for the facilities, or the means to prepare the required plans and estimates for any necessary adjustments. The TxDOT LPA Coordinator, with the aid of the TxDOT Utility Liaison, may help the utility prepare and execute an agreement for funding to make the necessary adjustments. Some of the tools and methods to be used are as follows:

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  • The Texas State Infrastructure Bank (SIB) was created to improve, rehabilitate, and renovate transportation facilities. Information concerning SIB may be found in 43TAC, Part 1, Chapter 6.
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  • The State's Hardship Financing Fund enables the State to loan funds to utilities financially unable to accomplish the utility adjustment. The District Engineer will submit a request to the Finance Division for any utility desiring financing. Refinancing or restructuring of existing debt and elective betterments are not eligible. The application must be filled out according to the guidelines stated in 43TAC, §5.21-5.29.
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