Title 12, Chapter 3, Section 262
( 12-3-262)
(a) In the discretion of the authority, any issue of such 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 of the
state. Such trust indenture may pledge or assign rents, revenues,
and earnings to be received by the authority. (b) Either the resolution providing for the issuance of 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, and application of all
moneys and may also provide that any project shall be constructed
and paid for under the supervision and approval of consulting
engineers or architects employed or designated by the authority and
satisfactory to the original purchasers of the bonds issued
therefor. 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 original purchasers and may also contain provisions concerning
the conditions, if any, upon which additional revenue bonds may be
issued. (c) It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depository and to
furnish such indemnifying bonds or pledge such securities as may be
required by the authority. (d) The trust 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 bonds and debentures of corporations. (e) In addition to the foregoing, the trust indenture may contain
such other provisions as the authority may deem reasonable and
proper for the security of the bondholders. (f) All expenses incurred in carrying out the trust indenture may be
treated as a part of the cost of maintenance, operation, and repair
of the project affected by the indenture. |