2018 Tennessee Code
Title 4 - State Government
Chapter 31 - Tennessee Local Development Authority Act
Part 7 - Tennessee Local Development Authority Mental Health and Mental Retardation Facilities Act of 1990
§ 4-31-707. Administration of loans -- Loan agreement -- Security.
(a)
(1) The authority shall administer loans made under this part.
(2) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part.
(b) The loan agreements into which the authority enters with grantees may include such provisions as may be agreed upon by the authority and the grantees and shall include an agreement by the grantee to:
(1) Proceed expeditiously with, and complete, the project in accordance with the loan agreement;
(2) Pledge any available sources of revenues, income and charges and make payments according to the repayment schedule;
(3) Authorize the commissioner of finance and administration, in the event of a failure by the grantee to make a timely payment of amounts due under a loan agreement, to withhold grant funds pursuant to this part;
(4) Establish and maintain adequate financial records for the project, including maintaining an inventory;
(A) 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
(B) Furnish a copy of such audits to the comptroller of the treasury;
(5) Prepare and submit a plan of operation as required by this part;
(6) Operate the project in accordance with law;
(7) Reapply for or renegotiate its grant with the department for so long as the loan with the authority is outstanding; and
(8) Not contract with any other entity, nonprofit corporation, corporation for profit, private person or firm for the operation of the facility without prior written permission of both the department and the authority.
(c) The authority has the right to enter into further agreements with a grantee and require such further guarantees or securities as it may see fit prior to, or simultaneously with, the issuance of bonds or to refuse to issue bonds until such agreements or securities, in any form that the authority may elect, are agreed to or are obtained.
(d) The loan agreement is subject to the approval by the attorney general and reporter as to form; each loan agreement is subject to approval by the commissioner of finance and administration as to funding. All pay requests shall be on vouchers approved by the authority, and payments to grantees shall be subject to audit at any time.
(e) The authority shall require any type of security that it deems reasonable and necessary, including, but not limited to, a lien (deed of trust or mortgage) on the project; the authority shall be exempt from payment of indebtedness tax that would otherwise be due in connection with the perfection of the authority's lien.
