Title 32, Chapter 10, Section 100
( 32-10-100)
(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, inside or outside of the
state. Such trust indenture may pledge or assign tolls, revenues,
and earnings to be received by the authority. (b) Either the resolution providing for the issuance of revenue
bonds or such trust indenture may contain provisions for protecting
and enforcing the rights and remedies of the bondholder, including
the right of the appointment of a receiver upon default in the
payment of any principal or interest obligation and the right of any
receiver or indenture trustee to enforce collection of tolls,
revenues, or other charges for the use of the project or projects,
necessary to pay all costs of operation, all reserves provided for,
the principal and interest on all bonds in the given issue, all cost
of collection, and all other costs reasonably necessary to
accomplish the collection of such sums, in the event of any default
by the authority. (c) Such resolution or trust indenture may include covenants setting
forth the duties of the authority in relation to the acquisition of
property; the construction of the project; the custody,
safeguarding, and application of all moneys; and the operation and
maintenance of the project or projects; and may also provide that
any project shall be constructed and paid for under the supervision
of department engineers or others satisfactory to the original
purchasers of the bonds issued for such project or projects. Such
resolution or 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. (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. 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. (e) 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. |