State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-14b > 40-14b-31

40:14B-31.  Bond provisions
    (a) If the bond resolution of a municipal authority authorizing or providing  for the issuance of a series of its bonds shall provide in substance that the  holders of the bonds of such series shall be entitled to the benefits of this  section, then in the event that there shall be a default in the payment of  principal of or interest on any bonds of such series after the same shall  become due, whether at maturity or upon call for redemption, and such default  shall continue for a period of 30 days, or in the event that the municipal  authority shall fail or refuse to comply with the provisions of this act or  shall fail or refuse to carry out and perform the terms of any contract with  the holders of any such bonds, and such failure or refusal shall continue for a  period of 30 days after written notice to the municipal authority of its  existence and nature, the holders of 25% in aggregate principal amount of the  bonds and such series then outstanding by instrument or instruments filed in  the office of the Secretary of State and proved or acknowledged in the same  manner as a deed to be recorded, may appoint a trustee to represent the holders  of the bonds of such series for the purposes provided in this section.

    (b) Such trustee may and upon written request of the holders of 25% in aggregate principal amount of the bonds of such series then outstanding shall, in his or its own name:

    (1) By any action, writ, proceeding in lieu of prerogative writ, or other proceeding, enforce all rights of the holders of such bonds, including the right to require the municipal authority to charge and collect service charges adequate to carry out any contract as to, or pledge of, system revenues, and to  require the municipal authority to carry out and perform the terms of any contract with the holders of such bonds or its duties under this act;

    (2) Bring an action upon all or any part of such bonds or interest coupons or claims appurtenant thereto;

    (3) By action, require the municipal authority to account as if it were the  trustee of an express trust for the holders of such bonds;

    (4) By action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds;  or

    (5) Declare all such bonds due and payable, whether or not in advance of maturity, upon 30 days' prior notice in writing to the municipal authority and,  if all defaults shall be made good, then with the consent of the holders of 25%  of the principal amount of such bonds then outstanding, annul such declaration  and its consequences.

    (c) Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of the functions specifically set forth herein or incident to the general representation of the holders of bonds of such series in the enforcement and protection of their rights.

    (d) In any action or proceeding by such trustee, the fees, counsel fees and  expenses of the trustee and of the receiver, if any, appointed pursuant to this  act, shall constitute taxable costs and disbursements, and all costs and  disbursements, allowed by the court, shall be a first charge upon any service  charges and system revenues of the municipal authority pledged for the payment  or security of bonds of such series.

     L.1957, c. 183, p. 658, s. 31, eff. Aug. 22, 1957.