§39A-157 - Authorization of special purpose revenue bonds.
§39A-157 Authorization of special purpose
revenue bonds. (a) Special purpose revenue bonds for each project or
multiproject program shall be authorized by a separate act of the legislature,
by an affirmative vote of two-thirds of the members to which each house is
entitled; provided that the legislature shall find that the issuance of such
bonds is in the public interest; provided further that no authorization shall
be made for a period exceeding five years of its enactment. Any such special
purpose revenue bond authorization, or any portion of such special purpose
revenue bond authorization, which has not been issued at the close of the
fiscal year for the period for which the authorization is made, shall lapse.
Special purpose revenue bonds issued pursuant to this part may be in one or
more series for each project. The special purpose revenue bonds of each issue
shall be dated, shall bear interest at such rate or rates, shall mature at such
time or times not exceeding forty years from their date or dates, shall have
such rank or priority and may be made redeemable before maturity at the option
of the department, at such price or prices and under such terms and conditions,
all as may be determined by the department. The department shall determine the
form of the special purpose revenue bonds, including any interest coupons to be
attached thereto, and the manner of execution of the special purpose revenue
bonds, and shall fix the denomination or denominations of the special purpose
revenue bonds and the place or places of payment of principal and interest,
which may be at any bank or trust company within or without the State. The
special purpose revenue bonds may be issued in coupon or in registered form, or
both, as the department may determine, and provisions may be made for the
registration of any coupon bonds as to principal alone and also as to both
principal and interest, and for the reconversion into coupon bonds of any bonds
registered as to both principal and interest. The department may sell special
purpose revenue bonds in such manner, either at public or private sale, and for
such price as it may determine.
(b) Prior to the preparation of definitive
special purpose revenue bonds, the department may issue interim receipts or
temporary bonds, with or without coupons, exchangeable for definitive bonds
when such bonds have been executed and are available for delivery.
(c) Should any bond issued under this part or
any coupon appertaining thereto become mutilated or be lost, stolen, or
destroyed, the department may cause a new bond or coupon of like date, number,
and tenor to be executed and delivered in exchange and substitution for, and
upon the cancellation of such mutilated bond or coupon, or in lieu of and in
substitution for such lost, stolen, or destroyed bond or coupon. Such new bond
or coupon shall not be executed or delivered until the holder of the mutilated,
lost, stolen, or destroyed bond or coupon has (1) paid the reasonable expense
and charges in connection therewith, (2) in the case of a lost, stolen, or
destroyed bond or coupon, has filed with the department or its fiduciary
evidence satisfactory to such department or its fiduciary that such bond or
coupon was lost, stolen, or destroyed and that the holder was the owner
thereof, and (3) has furnished indemnity satisfactory to the department.
(d) The department may provide that CUSIP
identification numbers shall be printed on such bonds. In the event such
numbers are imprinted on any such bonds (1) no such number shall constitute a
part of the contract evidenced by the particular bond upon which it is
imprinted, and (2) no liability shall attach to the department or any officer
or agent thereof, including any fiscal agent, paying agent, or registrar for
such bonds, by reason of such numbers or any use made thereof, including any
use thereof made by the department, any such officer, or any such agent, or by
reason of any inaccuracy, error, or omission with respect thereto or in such
use. The department may require that all costs of obtaining and imprinting
such numbers shall be paid by the purchaser of such bonds. For the purpose of
this subsection, the term "CUSIP identification numbers" means the
numbering system adopted by the Committee for Uniform Security Identification
Procedures formed by the Securities Industry Association. [L 1981, c 122, pt of
§2; am L 2001, c 148, §5]