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<br />Attachment D <br />Standard Provisions and Assurances <br /> <br />more is no longer needed for the originally authorized purpose, the TNRCC has the right <br />to required disposition of the property by the A TCOG.or CONTRACTOR in accordance with <br />the provisions of the Article. <br /> <br />26.7. When, during the useful life of the property acquired with grant funds under this Agreement <br />by the CONTRACTOR and with a current per-unit fair market value of $1,000 or more, the <br />property is no longer needed for the originally authorized purpose, the CONTRACTOR <br />agrees to request disposition instructions from the TNRCC. When property acquired by a <br />pass-through grant recipient with grant funds provided by the A TCOG under this Agreement <br />is no longer needed for the originally purpose, the CONTRACTOR agrees to request <br />disposition instructions from the ATCOG or, if the ATCOG is no longer administering a <br />Regional Solid Waste Grants Program, the TNRCC. The ATCOG shall, in turn, request <br />authorization from the TNRCC to provide disposition instructions to the CONTRACTOR. <br />Disposition instructions shall solicit, at a minimum, information on the source and amount <br />of funds used in acquiring the property, the date acquired, the fair market value and how <br />the value was determined (e.g" by appraisal, bids, etc.), and the proposed use of the <br />proceeds. The assessment of whether to authorize the proposed disposition of the property <br />must include a determination that the disposition plan will comply with the private industry <br />provisions of ~361.014(b) ofthe TEXAS HEALTH & SAFETY CODE ANN. In cases where <br />the ATCOG or pass-through grant recipient fails to take appropriate disposition actions, the <br />TNRCC may direct the ATCOG or pass-through grant recipient to take excess and <br />disposition actions. The disposition instructions may provide for one of the alternatives as <br />set forth in this Section. <br /> <br />26.7.1. Retain title, sell, or otherwise disposed of with no obligation to compensate the <br />A TCOG. <br /> <br />26.7.2. Retain title after compensating the ATCOG. If the ATCOG is compensated by <br />a pass-through grant recipient for property acquired using funds provided under <br />this Agreement, the ATCOG will in turn compensate the TNRCC or, upon <br />authorization by the TNRCC, use those funds for other projects or activities that <br />support this or similar future programs conducted by the TNRCC. The amount <br />due will be computed by applying the percentage of state-funded participation <br />in the cost of the original purchase to the fair market value of the property. <br /> <br />26.7.3. Sell the property and compensate the ATCOG. Ifthe ATCOG is compensated <br />by a pass-through grant recipient for property acquired using funds provided <br />under this Agreement, the A TCOG will in turn compensate the TNRCC or, upon <br />authorization by the TNRCC, use those funds for other projects or activities that <br />support the goals of this or similar future programs conducted by the A TCOG. <br />The amount due will be calculated by applying the TNRCC's percentage of <br />participation in the cost of the original purchase to the proceeds of the sale after <br /> <br />46 <br />