§10-27 - Covenants in resolution authorizing revenue bonds.
§10-27 Covenants in resolution authorizing
revenue bonds. Any resolution or resolutions authorizing the issuance of
revenue bonds under this part may contain covenants as to:
(1) The purpose or purposes to which the proceeds of
the sale of revenue bonds may be applied; the use and disposition of such
proceeds; the investment thereof pending such use and disposition; and the use
and disposition of the income from such investment;
(2) The use and disposition of the revenue of the
office project or projects for the construction or maintenance of which the
revenue bonds are issued are to be included; the use and disposition of the
revenue of all office projects, and of the revenues of the office, including
the creation and maintenance of reserves; the investment of such revenues and
of the moneys in such reserves; and the use and disposition of the income from
such investments;
(3) The minimum amount of revenues to be produced by
the office projects or the office, over and above the amount required to be produced
by the first sentence and paragraphs (1) to (3) of section 10‑31;
(4) The use and disposition of the proceeds of the
sale of any office project, or part thereof;
(5) The construction and maintenance of any office
project other than the office project or projects for the construction or
maintenance of which revenue bonds are issued;
(6) The issuance of other or additional revenue bonds
payable either from the revenue of the office project or projects for the
construction or maintenance of which the revenue bonds are issued or the
revenue of the office or payable from the revenue of other office projects;
(7) The maintenance of the office project, including
the creation by the board of such supervisory positions, which shall not be
subject to chapter 76, as are necessary to facilitate the issuance of revenue
bonds by ensuring the adequacy of revenues;
(8) The insurance to be carried on office projects
and the use and disposition of insurance moneys;
(9) Books of account and inspection and audit thereof;
(10) A procedure by which the terms and conditions of
the bond resolution or indenture may be subsequently amended or modified with
the consent of the board, the vote or written assent of the holders of bonds or
any proportion of the holders, or any trustee thereof; and
(11) The terms and conditions upon which the holders
of bonds evidencing the obligation to repay loans, or any proportion of the
holders, or any trustee thereof, shall be entitled to the appointment of a
receiver by any court of competent jurisdiction, which court shall have
jurisdiction in such proceedings, and which receiver may enter and take
possession of the office project or projects, maintain them, prescribe rents,
fees, and charges, and collect, receive, and apply all revenue thereafter
arising therefrom in the same manner as the board itself might do, but the
receiver shall have no power, nor be granted any power, to utilize, or permit
the utilization of, any office project other than in a manner consistent with
and in furtherance of the purposes of the office.
This part and any such resolution or
resolutions shall be a contract with the holders of bonds issued under this
part, and the duties of the board and any such resolution or resolutions shall
be enforceable by any bondholder by mandamus or other appropriate suit, action,
or proceeding in any court of competent jurisdiction. [L 1994, c 283, pt of
§2(2); am L 2000, c 253, §150; am L 2008, c 16, §1]