Title 50, Chapter 9, Section 40
( 50-9-40)
In the discretion of the authority, any issue of the 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 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 and may also 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. The resolution or the 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. 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. The 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 indenture. |