Section 33:4545.16 - Trust agreement; bond resolutionIn the discretion of the Authority, any revenue bonds issued under the provisions of this Chapter may be secured by a trust agreement by and between the Authority and a corporate trustee. Such corporate trustee, and any depository of funds of the Authority, may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or the trust agreement may pledge or assign all or a portion of the revenues to be received by the Authority in respect of any project or projects but shall not convey or mortgage any project, and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders. The trust agreement or the resolution providing for the issuance of such bonds may contain covenants including, but not limited to, the following:
(1) The pledge of all or any part of the revenues derived from the project or projects to be financed by the bonds or from the electric system or facilities of the Authority.(2) The rents, rates, fees and charges to be established, maintained, and collected, and the use and disposal of revenues, gifts, grants and funds received or to be received, by the Authority.(3) The setting aside of reserves and the investment, regulation and disposition thereof.(4) The custody, collection, securing, investment, and payment of any moneys held for the payment of bonds.(5) Limitations or restrictions on the purposes to which the proceeds of sale of bonds then or thereafter to be issued may be applied.(6) Limitations or restrictions on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured or the refunding of outstanding or other bonds.(7) The procedure, if any, by which the terms of any contract with bondholders may be amended, the percentage of bonds the bondholders of which must consent thereto, and the manner in which such consent may be given.(8) Events of default and the rights and liabilities arising thereupon, the terms and conditions upon which bonds issued under this Chapter shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.(9) The preparation and maintenance of a budget.(10) The retention or employment of consulting engineers, independent auditors, and other technical consultants.(11) Limitations on or the prohibition of free service to any person, firm or corporation, public or private.(12) The acquisition and disposal of property, and the appointment of a receiver of the funds and property of the Authority in the event of a default.(13) Provisions for insurance and for accounting reports and the inspection and audit thereof, and(14) The continuing operation and maintenance of the project or projects. Any pledge made by the Authority pursuant to this Chapter shall be valid and binding from the date the pledge is made. The revenues, securities, and other moneys so pledged and then held or thereafter received by the Authority or any fiduciary shall immediately be subject to the lien of the pledge without physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Authority without regard to whether such parties have notice thereof. The resolution or trust agreement or any financing statement, continuation statement or other instrument by which a pledge is created need not be filed or recorded in any manner.
Added by Acts 1979, No. 772, §1, eff. 7/20/1979.