Title 10, Chapter 9, Section 51
( 10-9-51)
(a) Subject to the limitations set forth in this chapter, the
authority shall be authorized to provide, directly or through
lessees of the project, such security for revenue bonds issued by it
as it may determine appropriate. (b)(1) Without limitation of the provisions of subsection (a) of
this Code section, in the discretion of the authority, any issue
of revenue bonds may be secured by a trust indenture by and
between the authority and a corporate trustee, which may be any
trust company or bank having the powers of a trust company within
or outside the state. The trust indenture may pledge or assign
rents, revenues, earnings, and funds derived from the facilities
designated by the resolution authorizing the issuance of such
revenue bonds or which may be otherwise available to the authority
for such purposes, including but not limited to rents, revenues,
earnings, and funds which are: (A) Payable to the authority by the lessee or lessees and
received by the authority from the lessee or lessees under the
lease or leases by the authority of the facilities acquired or
improved by the proceeds of such revenue bonds described in the
resolutions authorizing the issuance of such revenue bonds; (B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired or improved by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds; (C) Payable to the authority under such other contracts or
agreements relating to the facilities acquired or improved by
the proceeds of the revenue bonds as may be designated as
security for such bonds; and (D) As may otherwise be designated as security for such bonds
either: (i) which are derived from or in connection with the
facilities acquired or improved by the proceeds of the revenue
bonds or the use or operation thereof or the services provided
through such facilities; or (ii) which are otherwise available
to the authority for such purposes. (2) Either the resolution providing for the issuance of the
revenue bonds or the trust indenture 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, including covenants setting forth the duties of the
authority in relation to the acquisition of property; the
construction of the project; the maintenance, operation, repair,
and insurance of the project; and the custody, safeguarding,
manner of disbursements, and application of all moneys and may
also provide that any facility shall be constructed and paid for
under the supervision and approval of consulting engineers or
architects employed or designated by the authority. The resolution
or the trust indenture may also require that the security given by
contractors and by any depository of the proceeds of the bonds or
revenues or other moneys be satisfactory to such purchasers and
may also contain provisions concerning the conditions, if any,
upon which additional revenue bonds may be issued. The indenture
may set forth the rights and remedies of the bondholders and of
the trustee and may restrict the individual right of action of
bondholders as is customary in trust indentures securing revenue
bonds and debentures of corporations. (c) The resolution or trust indenture may provide that the rents,
revenues, earnings, and funds which are designated as security for
the revenue bonds shall be set aside into a sinking fund, which
sinking fund shall be pledged to and charged with the payment of: (1) The interest upon the revenue bonds as the interest falls due; (2) The principal of the bonds as the same falls due; (3) The necessary charges of paying agents for paying principal
and interest; (4) Any premium upon bonds retired by call or purchase as provided
in this article; and (5) Any fees, costs, or expenses payable under the revenue bonds
or trust indentures. (d) The use and disposition of the sinking fund shall be subject to
such regulations as may be provided in the resolution authorizing
the issuance of the revenue bonds or in the trust indenture, but,
except as may otherwise be provided in the resolution or trust
indenture, such sinking fund shall be a fund for the benefit of all
revenue bonds without distinction or priority of one over another.
Subject to the resolution authorizing the issuance of the revenue
bonds or in the trust indenture, surplus moneys in the sinking fund
may be applied to the purchase or redemption of such revenue bonds;
and any such bonds so purchased or redeemed shall immediately be
canceled and shall not again be issued. |