Title 46, Chapter 3, Section 148
( 46-3-148)
(a) For the purpose of earning sufficient revenue to make possible
the financing of the construction of the projects of the authority
with revenue bonds, the authority is authorized and empowered to fix
and revise rates and collect fees, tolls, and charges on each
project which it causes to be acquired or constructed. Such rates,
fees, tolls, and charges to be paid for the use of the facilities or
services of such projects shall be so fixed and adjusted from time
to time as to provide a fund which, together with other revenue, if
any, of such projects or of the authority, will be sufficient: (1) To pay: (A) The costs of operating, maintaining, and repairing the
projects, including reserves for insurance and extraordinary
repairs, reserves for fuel, and other reserves required by the
resolution, trust agreement, or indenture pertaining to such
bonds and the issuance thereof, unless such costs shall be
otherwise provided for; (B) The costs of operating and conducting the business of the
authority, including salaries; fees for professional services,
including legal, engineering, and others; and all expenses
properly relating to the conduct of the affairs of the
authority; (C) The costs of power, whether generated by the authority or
acquired from others; and (D) All other costs associated with the operation of the
authority and its projects and facilities; (2) To pay the principal of and interest on such revenue bonds as
the same become due, including all premiums, if any, the proceeds
of which shall have been or will be used to pay the cost of such
projects, which cost shall include all elements of cost authorized
by this article, including acquisition of property, whether real
or personal, and any interest in property; clearing and preparing
land for the purposes of this article; architectural, engineering,
financial, and legal services; construction of projects authorized
by this article; administrative expenses; funds for initiating the
operation of the project; and interest prior to and during
construction and during such period of time thereafter as may be
reasonably determined by the authority to be necessary to put the
project into operation; (3) To comply with any sinking fund requirements contained in the
resolution, trust agreement, or indenture pertaining to the
issuance of and security for such bonds; (4) To perform fully all provisions of such resolution, trust
agreement, or indenture relating to the issuance of or security
for such bonds to the payment of which such revenue is pledged; (5) To accumulate any excess income which may be required by the
purchasers of such bonds or may be dictated by the requirements of
such resolution, trust agreement, or indenture or by the
requirements of achieving ready marketability of and low interest
rates on such bonds; and
(6) To pay expenses in connection with such bond issue or such
projects, including, but not limited to, trustees' and fiscal
fees. (b) The rates, fees, tolls, and charges authorized by subsection (a)
of this Code section shall be payable at such intervals as may be
agreed upon and set forth in the contract providing therefor. Any
such contract may provide for the commencement of payments, not
necessarily based directly on rates, to the authority prior to the
completion of the undertaking by the authority of any such project;
may provide for the making of payments during such times as such
projects may be partially or wholly not in use, whether or not any
such project has been completed, is then operable, or is operating;
and may provide that such payments shall not be subject to any
reduction, by offset or otherwise, and shall not be conditioned upon
the performance or nonperformance by any party of any agreement. (c) Such contract may obligate the political subdivision to
indemnify and save harmless the authority from any and all damage to
persons and property occurring on or by reason of the project, and
may also obligate the political subdivision to undertake, at the
expense of the political subdivision, the defense of any action
brought against the authority by reason of injury or damages to
persons or property occurring on or by reason of the project. (d) In the event of any failure or refusal on the part of the
political subdivision to perform punctually any covenant or
obligation contained in any such contract, the authority may enforce
performance by any legal or equitable process, including specific
performance. (e) Any payments due or to become due to the authority pursuant to
any such contract may be assigned by the authority to a trustee or
paying agent as may be required by the terms of the resolution,
trust agreement, or indenture relating to the issuance of and
security for such bonds. (f) The use and disposition of the authority's revenue shall be
subject to the provisions of the resolution authorizing the issuance
of such bonds or of the trust agreement or indenture, if any,
securing the same. |