Sec. 18.5. (a) The board may negotiate terms and borrow money from any source for the payment of the costs of airport capital improvements, including the acquisition of real property or construction or improvement of revenue producing buildings or facilities located on an airport and owned and operated by the eligible entity, subject to the following requirements:

(1) The loan contract must be approved by resolution of the board and the fiscal body of the eligible entity that established the board.

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Terms Used In Indiana Code 8-22-2-18.5

  • Contract: A legal written agreement that becomes binding when signed.
  • loan contract: means a debt instrument other than a revenue or general obligation bond, such as a note. See Indiana Code 8-22-1-11.5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) The loan contract must provide for the repayment of the loan in not more than forty (40) years.

(3) The loan contract must state that the indebtedness is that of the board, is payable solely from revenues of the board that are derived from either airport operations or from revenue bonds, and may not be paid by a tax levied on property located within the district.

     (b) A loan contract issued under this chapter is issued for essential public and governmental purposes. A loan contract, the interest on the contract, the proceeds received by a holder from the sale of a loan contract to the extent of the holder’s cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation as provided in IC 6-8-5.

     (c) After a board enters into a loan contract, the board may use funds received from state or federal grants to satisfy the repayment of part or all of the loan contract.

As added by P.L.77-1990, SEC.2. Amended by P.L.90-2002, SEC.327; P.L.61-2012, SEC.2; P.L.174-2022, SEC.49.