Title 50, Chapter 23, Section 6
( 50-23-6)
(a) The authority may make loans to a local government to pay all or
any part of the cost of a project. The authority may require the
local government to issue bonds or revenue bonds as evidence of such
loans. The authority and a local government may enter into such
loan commitments and option agreements as may be determined
appropriate by the authority. (b) The authority may require as a condition of any loan to a local
government that such local government shall perform any or all of
the following: (1) In the case of loans for a sewerage facility, establish and
collect sewer rents, rates, fees, and charges so as to produce
revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and
repairs; and (B) Outstanding indebtedness incurred for the purposes of such
sewerage facility, including the principal of and interest on
the bonds, revenue bonds, notes, or other obligations issued by
the local government, as the same shall become due and payable,
and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and
collect rents, rates, fees, and charges so as to produce revenues
sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and
repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such
water facility, including the principal of and interest on the
bonds, revenue bonds, notes, or other obligations issued by the
local government, as the same shall become due and payable, and
to create and maintain any required reserves; (3) In the case of loans for a solid waste facility, establish and
collect rents, rates, fees, and charges so as to produce revenues
sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and
repairs of the solid waste facility of such local government;
and (B) Outstanding indebtedness incurred for the purposes of such
solid waste facility, including the principal of and interest on
the bonds, revenue bonds, notes, or other obligations issued by
the local government, as the same shall become due and payable,
and to create and maintain any required reserves; (4) Create and maintain a special fund or funds, as additional
security for the payment of the principal of such revenue bonds
and the interest thereon and any other amounts becoming due under
any agreement, entered into in connection therewith and for the
deposit therein of such revenues as shall be sufficient to make
such payment as the same shall become due and payable;
(5) Create and maintain such other special funds as may be
required by the authority; and (6) Perform such other acts, including the conveyance of real and
personal property together with all right, title, or interest
therein to the authority, or take other actions as may be deemed
necessary or desirable by the authority to secure the payment of
the principal of and interest on such bonds, revenue bonds, notes,
or other obligations and to provide for the remedies of the
authority in the event of any default by such local government in
such payment. (c) All local governments issuing and selling bonds, revenue bonds,
notes, or other obligations to the authority are authorized to
perform such acts, take such action, adopt such proceedings, and to
make and carry out such contracts with the authority as may be
contemplated by this article. (d) In connection with the making of any loan authorized by this
article, the authority may fix and collect such fees and charges
including, but not limited to, reimbursement of all costs of
financing by the authority, as the authority shall determine to be
reasonable. Neither the Public Service Commission nor any local
government or state agency shall have jurisdiction over the
authority's power over the regulation of such fees or charges. |