Title 20, Chapter 3, Section 164
( 20-3-164)
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. Either the resolution providing for the
issuance of revenue bonds or such 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; 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; may also require that the security given by
contractors and by any depositary 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. It shall be lawful for
any bank or trust company incorporated under the laws of this state
to act as such depositary and to furnish such indemnifying bonds or
pledge such securities as may be required by the authority. Such
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, such
trust indenture may contain such other provisions as the authority
may deem reasonable and proper for the security of the bondholders.
All expenses incurred in carrying out such trust indenture may be
treated as a part of the cost of maintenance, operation, and repair
of the project affected by such indenture. |