Title 36, Chapter 82, Section 67
( 36-82-67)
In the event that the governmental body defaults in the payment of
the principal or interest on any of the revenue bonds after the same
becomes due, whether at maturity or upon call for redemption, and
that such default continues for a period of 30 days or in the event
that the governmental body or the governing body or the officers,
agents, or employees thereof fail or refuse to comply with the
essential provisions of this article or default in any material
respect in any agreement made with the holders of the revenue bonds,
any holders of revenue bonds or any trustee therefor shall have the
right to apply in an appropriate judicial proceeding to the superior
court of the county in which the governmental body is located or to
any court of competent jurisdiction for the appointment of a
receiver of the undertaking, whether or not all revenue bonds have
been declared due and payable and whether or not such holder or
trustee therefor is seeking or has sought to enforce any other right
or to exercise any remedy in connection with such revenue bonds.
Upon such application, the superior court, if it deems such action
necessary for the protection of the bondholders, may appoint and, if
the application is made by the holders of 25 percent in principal
amount of such revenue bonds then outstanding or by any trustee for
holders of such revenue bonds in such principal amount, shall
appoint a receiver of the undertaking. |