Title 36, Chapter 42, Section 11
( 36-42-11)
(a) Subject to the limitations and procedures provided by this Code section and by Code Section 36-42-10, the agreements or instruments executed by an authority may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. (b) The proceeds derived from the sale of all bonds, notes, and
other obligations issued by an authority shall be held and used for
the ultimate purpose of paying, directly or indirectly as permitted
in this chapter, all or part of the cost of any project, or for the
purpose of refunding any bonds, notes, or other obligations issued
in accordance with this chapter. (c) Issuance by an authority of one or more series of bonds, notes,
or other obligations for one or more purposes shall not preclude it
from issuing other bonds, notes, or other obligations in connection
with the same project or with any other projects; but the proceeding
wherein any subsequent bonds, notes, or other obligations are issued
shall recognize and protect any prior loan agreement, mortgage, deed
to secure debt, trust deed, security agreement, or other agreement
or instrument made for any prior issue of bonds, notes, or other
obligations, unless in the resolution authorizing such prior issue
the right is expressly reserved to the authority to issue subsequent
bonds, notes, or other obligations on a parity with such prior
issue. (d) An authority shall have the power and is authorized, whenever
bonds of the authority shall have been validated as provided in this
chapter, to issue from time to time its notes in anticipation of
such bonds as validated and to renew from time to time any such
notes by the issuance of new notes, whether or not the notes to be
renewed have matured. The authority may issue such bond anticipation
notes only to provide funds which would otherwise be provided by the
issuance of the bonds as validated. Such notes may be authorized,
sold, executed, and delivered in the same manner as bonds. As with
its bonds, the authority may sell such notes at public sale or at
private sale. Any resolution or resolutions authorizing notes of the
authority or any issue thereof may contain any provisions which the
authority is authorized to include in any resolution or resolutions
authorizing bonds of the authority to any issue thereof; and the
authority may include in any notes any terms, covenants, or
conditions which the authority is authorized to include in any
bonds. Validation of such bonds shall be a condition precedent to
the issuance of such notes, but it shall not be required that such
notes be judicially validated. Bond anticipation notes shall not be
issued in an amount exceeding the par value of the bonds in
anticipation of which they are to be issued. |