Title 12, Chapter 3, Section 332
( 12-3-332)
(a) 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 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. The resolution or indenture 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
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. (c) 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 bonds and debentures of corporations. In addition to the
foregoing provisions of this Code section, the trust indenture may
contain such other provisions as the authority may deem reasonable
and proper for the security of the bondholders. (d) 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. (e) 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 and of the cost of project affected by such
indenture. |