Title 42, Chapter 3, Section 16
( 42-3-16)
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. The 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 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 trust indenture may
also (1) 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, (2) 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 (3) 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 depository
and to furnish such indemnifying bonds or to pledge such securities
as may be required by the authority. The trust 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, the 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 the trust indenture may be treated as a
part of the cost of maintenance, operation, and repair of the
project affected by the trust indenture. |