4-31-606 - Loan agreements.
4-31-606. Loan agreements.
(a) Subject to the provisions of § 4-31-605 and subject to any existing contractual obligations of the airport authority or municipal airport, the authority may enter into a loan agreement with any airport authority or municipal airport, and any airport authority or municipal airport may enter into a loan agreement with the authority, for loans for financing projects, if such repayment under such loan agreement is guaranteed or secured by a creating municipality or participating municipality as set forth in § 4-31-607.
(b) Any loan agreement may include such provisions as may be agreed upon by the authority and the airport authority or municipal airport, subject to the provisions of § 4-31-605 and shall additionally include, in substance, the following:
(1) The amount of the loan, not to exceed the estimated reasonable cost of the project to be financed, as determined by the authority; and
(2) An agreement by the airport authority or municipal airport to:
(A) Proceed expeditiously with, and complete, the project in accordance with the loan agreement approved pursuant to this part;
(B) Not dispose of the project without the prior approval of the authority during the term of the loan agreement;
(C) Pledge any available sources of revenues, income and charges, including grants and contributions from the federal government or other sources, make payments according to the repayment schedule established by the authority and make such payments; and
(D) Establish and maintain adequate financial records for the project, including maintaining an inventory, cause to be made an annual audit of the financial records and transactions covering each fiscal year in accordance with generally accepted government auditing standards, and furnish a copy of such audits to the comptroller of the treasury.
(c) Failure of an airport authority or municipal airport to file the audit required by subdivision (b)(2)(D) with the comptroller of the treasury each year, until the loan, together with interest, is totally repaid, constitutes a Class A misdemeanor, and anyone violating this provision, upon conviction, shall be liable for a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each violation, and each day of continued violation constitutes a separate offense.
[Acts 1988, ch. 820, § 1.]