12-3712. Grants not subject to other state agencies; revenues from service charge placed in fund for payment of bonds; use of revenues, liens; sinking fund for all bonds outstanding.
12-3712
12-3712. Grants not subject to other state agencies; revenues from
service charge placed in fund for payment of bonds; use of revenues, liens;
sinking fund for all bonds outstanding.
Grants made under this act and receipt thereunder shall not be subject
to supervision or regulation by any other commission, board, bureau or
agency of the state. The revenues from sewer service charges in connection
with which the bonds of any issue shall have been issued, shall be set
aside at such regular intervals as may be provided in such resolution or
such trust agreement in a sinking fund which is hereby pledged to, and
charged with, the payment of the principal of and the interest on such
bonds as the same shall become due, and the redemption price or the
purchase price of bonds retired by call or purchase as therein provided.
Such pledge shall be valid and binding from the time when the pledge is
made. Revenues or other moneys so pledged and thereafter received by the
secretary of health and environment shall immediately be subject to the
lien of such pledge without any physical delivery thereof or further act,
and the lien of any such pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract or otherwise against
the department of health and environment, irrespective of whether such
parties have notice thereof. Neither the resolution nor any trust agreement
by which a pledge is created need be filed or recorded except in the
records of the secretary of health and environment. The use and disposition
of moneys to the credit of such sinking fund shall be subject to the
provisions of the resolution authorizing the issuance of such bonds or of
such trust agreement. Except as may otherwise be provided in such
resolution or such trust agreement, such sinking fund shall be a fund for
all such bonds without distinction or priority of one over another.
History: L. 1973, ch. 69, § 3; L. 1975, ch. 462, § 4; July 1.