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<br />g. <br /> <br />h. <br /> <br />if requested by the Department, the Sponsor shall submit to the <br />Department annual statements of airport revenues and expenses; and <br />the Sponsor agrees to allow the Department the right to audit and <br />review any books, statements and records of the Sponsor pertaining <br />to this project; and <br /> <br />all fees collected for the use of an airport constructed, in whole <br />or part, with funds provided under the program shall be reasonable <br />and nondi scrimi natory. The proceeds of such fees shall be used <br />solely for the development, operation and maintenance of the airport <br />or navigational facility. Sponsor shall not be required to pledge <br />income received from the mineral estate to airport use unless state <br />funds were used to acquire the mineral estate of airport lands or <br />any interest therein; and <br /> <br />i. <br /> <br />an Airport Fund shall be established by resolution, order or <br />ordinance in the treasury of the Sponsor, or evidence of the prior <br />creation of an existing airport fund or a properly executed copy of <br />the resolution, order, or ordinance creating such a fund, shall be <br />submitted to the Department. All fees, charges, rents, and money <br />from any source derived from airport operations must be deposited in <br />this Airport Fund and shall not be diverted to the general revenue <br />fund or any other speci a 1 revenue fund of the Sponsor. All <br />expenditures from the Airport Fund shall be solely for airport <br />purposes. Sponsor shall be ineligible for a subsequent grant or <br />loan by the Department unless, prior to subsequent approval of a <br />grant or loan, Sponsor has complied with the requirements of this <br />subparagraph; and <br /> <br />j. <br /> <br />all airport-related development constructed with state funds shall <br />be consistent with the Airport Layout Plan approved by the <br />Department and maintained by the Sponsor. A reproducible copy of <br />such plan, and all subsequent modifications thereto, shall be filed <br />with the Department for approval; and <br /> <br />k. <br /> <br />where airport lighting is part of a project, Sponsor shall daily <br />operate such lighting from sunset to sunrise, either manually or by <br />radio control following completion of the project; and <br /> <br />insofar as it is reasonable and with in its power, Sponsor sha 11 <br />adopt and enforce zoning regulations to restrict the height of <br />structures and use of land adjacent to or in the immediate vicinity <br />of the airport to heights and activities compatible with normal <br />airport operations as provided in Tex. Local Gov't. Code Ann. 99 <br />241.001 et seq.. Sponsor shall also acquire and retain avigation <br />easements or other interests in or rights to use of land or <br />airspace, unless sponsor can show that acquisition and retention of <br />interest will be impractical or will result in undue hardship to <br />Sponsor. Sponsor shall be ineligible for a subsequent grant or loan <br />by the Department unless Sponsor has, prior to subsequent approval <br />of a grant or loan, adopted and passed an airport hazard zoning <br />ordinance or order approved by the Department; and <br /> <br />1. <br /> <br />Page 4 of 9 <br />