(a) As used in W.S. 21-17-402 through 21-17-450:
(i) "Acquisition" or "acquire" means the opening,
laying out, establishment, purchase, construction, securing,
installation, reconstruction, lease, gift, grant from the
federal government, the state, any body corporate and politic
therein, or any person, the endowment, bequest, devise,
transfer, assignment, option to purchase, other contract, or any
combination thereof, of any properties pertaining to a project,
or an interest therein;
(ii) "Board" means the board of trustees of the
University of Wyoming constituting the governing body of the
university and a body corporate and politic by the name of "The
Trustees of the University of Wyoming", as a political
subdivision of the state and means any successor governing body
of the university;
(iii) "Commercial bank" means a state or national
bank or trust company which is a member of the Federal Deposit
Insurance Corporation, including without limitation any trust
bank as herein defined;
(iv) "Cost of any project", or any phrase of similar
import, means all or any part designated by the board of the
cost of any project, or interest therein, which cost, at the
option of the board may include all or any part of the
incidental costs pertaining to the project, including without
limitation:
(A) Preliminary expenses advanced by the
university from funds available for use therefor, or advanced by
the state, the federal government, or from any other source,
with the approval of the board, or any combination thereof;
(B) The costs in the making of surveys, audits,
preliminary plans, other plans, specifications, estimates of
costs, and other preliminaries;
(C) The costs of premiums on builders' risk
insurance and performance bonds, or a reasonably allocable share
thereof;
(D) The costs of appraising, printing,
estimates, advice, services of engineers, architects, financial
consultants, attorneys at law, clerical help, or other agents or
employees;
(E) The costs of making, publishing, posting,
mailing and otherwise giving any notice in connection with a
project, the filing or recordation of instruments, the taking of
options, the issuance of bonds and other securities, and bank
fees and expenses;
(F) The costs of contingencies;
(G) The costs of the capitalization with
proceeds of bonds or other securities issued hereunder of any
operation and maintenance expenses appertaining to any
facilities to be acquired as a project and of any interest on
bonds or other securities for any period not exceeding the
period estimated by the board to effect the project plus one (1)
year, of any discount on bonds or other securities and of any
reserves for the payment of the principal of and interest on the
bonds or other securities, of any replacement expenses and of
any other cost of issuance of the bonds or other securities;
(H) The costs of amending any resolution or
other instrument authorizing the issuance of or otherwise
appertaining to outstanding bonds or other securities of the
university;
(J) The costs of funding any emergency loans,
construction loans and other temporary loans of not exceeding
three (3) years appertaining to a project and of the incidental
expenses incurred in connection with the loans; and
(K) All other expenses necessary or desirable
and appertaining to a project, as estimated or otherwise
ascertained by the board.
(v) "Facilities" means buildings, structures, or
other income producing facilities from the operation of which or
in connection with which pledged revenues for the payment of any
bonds or other securities issued hereunder are derived,
including without limitation any facilities to be acquired with
the proceeds of the bonds or securities issued hereunder;
(vi) "Federal government" means the United States, or
any agency, instrumentality or corporation thereof;
(vii) "Federal securities" means bills, certificates
of indebtedness, notes, bonds or similar securities which are
direct obligations of, or the principal and interest of which
securities are unconditionally guaranteed by, the United States;
(viii) "Gross revenues" or "gross pledged revenues"
means all pledged revenues received by the university and
pledged for the payment of any securities issued hereunder;
(ix) "Holder" when used in conjunction with any bonds
or any other securities issued hereunder, means the registered
owner of the designated item;
(x) "Improvement" or "improve" means the extension,
widening, lengthening, betterment, alteration, reconstruction or
other major improvement, or any combination thereof, of any
properties pertaining to a project, or an interest therein, but
does not mean renovation, reconditioning, patching, general
maintenance or other minor repair;
(xi) "Net revenues" or "net pledged revenues" means
gross revenues after the deduction of operation and maintenance
expenses;
(xii)(A) "Operation and maintenance expenses"
means all reasonable and necessary current expenses of the
university, paid or accrued, of operating, maintaining and
repairing the facilities pertaining to the pledged revenues for
the payment of the bonds or other securities issued hereunder
and may include at the board's option except as limited by
contract or otherwise limited by law, without limiting the
generality of the foregoing:
(I) Legal and overhead expenses of the
various university departments directly related and reasonably
allocable to the administration of the facilities;
(II) Fidelity bond and insurance premiums
appertaining to the facilities, or a reasonably allocable share
of a premium of any blanket bond or policy pertaining to the
facilities;
(III) The reasonable charges of any paying
agent, commercial bank, trust bank, or other depository bank
appertaining to any securities issued by the board or
appertaining to any facilities;
(IV) Contractual services, professional
services, salaries, administrative expenses and costs of labor
appertaining to facilities;
(V) The costs incurred by the board in the
collection of all or any part of the pledged revenues, including
without limitation revenues appertaining to any facilities;
(VI) Any costs of utility services
furnished to the facilities by the university or otherwise; and
(VII) Reasonable allowances for the
depreciation of furniture and equipment for the facilities.
(B) "Operation and maintenance expenses" does
not include:
(I) Any allowance for depreciation except
as otherwise provided in W.S. 21-17-404(a)(xii)(A)(VI);
(II) Any costs of reconstruction,
improvements, extensions or betterments;
(III) Any accumulation of reserves for
capital replacements;
(IV) Any reserves for operation,
maintenance or repair of any facilities;
(V) Any allowance for the redemption of any
bond or other security evidencing a loan or other obligations or
the payment of any interest thereon;
(VI) Any liabilities incurred in the
acquisition or improvement of any properties comprising any
project or any existing facilities, or any combination thereof;
and
(VII) Any other ground of legal liability
not based on contract.
(xiii) "Person" means a corporation, firm, other body
corporate excluding the federal government, the state, or any
other body corporate and politic, partnership, association or
individual, and also includes an executor, administrator,
trustee, receiver or other representative appointed according to
law;
(xiv)(A) "Pledged revenues" means the monies
pledged wholly or in part for the payment of bonds or other
securities issued hereunder, and, subject to any existing
pledges or other contractual limitations, may include at the
board's discretion, income or monies derived from one (1), all
or any combination of the following revenue sources, including
without limitation student fees and other fees, rates and
charges appertaining thereto:
(I) Dormitories, apartments and other
housing facilities;
(II) Cafeterias, dining halls and other
food service facilities;
(III) Student union and other student
activities facilities;
(IV) Store or other facilities for the sale
or lease of books, stationery, student supplies, faculty
supplies, office supplies and like material;
(V) Stadium, arena, theater, fieldhouse and
other athletic or recreation facilities for use in part by
spectators or otherwise;
(VI) Land and any structures, other
facilities, or other improvements thereon used or available for
use for the parking of vehicles used for the transportation by
land or air of persons to or from the land and any improvements
thereon;
(VII) Properties providing heat or any
other utility furnished by the university to any facilities on
its campus;
(VIII) Services, contracts, investments and
other miscellaneous unrestricted sources of income not
hereinabove designated, whether presently realized or to be
realized, and accounted for in a miscellaneous sales and
services fund or account;
(IX) That account commonly known as the
university account within the permanent land income fund,
pursuant to section 8 of the Act of Admission of the state of
Wyoming; and
(X) The board's proportion for the benefit
of the university of the monies remitted by the United States to
the state and accounted for as provided by law pursuant to W.S.