[§304A-2677] Covenants in resolution authorizing revenue bonds.
554 words·~3 min read·
/hi/304a-2677A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§304A-2677] Covenants in resolution authorizing revenue bonds. [(a)] Any resolution authorizing the issuance of revenue bonds under this subpart may contain covenants as to:
(1)The purpose to which the proceeds of the sale of the revenue bonds may be applied; the use and disposition of the proceeds; the investment thereof pending the use and disposition; and the use and disposition of the income from the investment;
(2)The use and disposition of the revenue of the university pledged to the payment of the revenue bonds, including the creation and maintenance of reserves; the investment of the revenues and of the moneys in the reserves; and the use and disposition of the income from the investments;
(3)The minimum amount of revenue of the university to be produced by the university project, university system, or network or any combination thereof over and above the amount required to be produced by section 304A‑2681;
(4)The use and disposition of the proceeds of the sale of any university project, university system, or network or any part thereof;
(5)The construction or maintenance of any university project, university system, or network or any combination thereof for the construction or maintenance of which revenue bonds are issued, or any university system or network in which university projects constructed or maintained are later included;
(6)The issuance of other or additional revenue bonds and the revenue of the university from which additional revenue bonds shall be payable;
(7)The maintenance of the university projects, university system, or network or any combination thereof, including the creation by the board of supervisory positions, which shall not be subject to chapter 76, as are necessary to facilitate the issuance of revenue bonds to ensure the adequacy of revenue of the university;
(8)The insurance on a university project, university system, or network or any combination thereof, 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 resolution may be subsequently amended or modified by the board with or without the consent of the holders of revenue bonds or any proportion of the holders, or any trustee thereof; and
(11)The terms and conditions upon which the holders of revenue bonds, 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, and the receiver may enter and take possession of the university project, university system, or network; maintain them; prescribe rents, fees, and charges; and collect, receive, and apply all revenue of the university thereafter arising therefrom in the same manner as the board itself may do; provided that the receiver shall have no power to mandate appropriations, or to use, or permit the use of, any university project, university system, or network or any combination thereof, other than in a manner consistent with and in furtherance of the purposes of the university.
[(b)] This subpart and any resolution shall be deemed a contract with the holders of revenue bonds issued under this subpart. The duties of the board and any resolution shall be enforceable by any bondholder by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction. [L 2007, c 161, pt of §1]