11-89B-4
Section 11-89B-4 Resolution of board of directors, etc., or trust indenture containing provisions
creating statutory mortgage lien. Any resolution of the board of directors or other governing
body of such public corporation or trust indenture under which bonds may be issued pursuant
to the provisions of this chapter may contain provisions creating a statutory mortgage lien,
in favor of the holders of such bonds, on the water, sewer and garbage systems or other revenue-producing
and facilities or any thereof (including any after-acquired property) out of the revenues
from which such bonds are made payable. The said resolution of the board of directors or other
governing body of such public corporation or the said trust indenture may provide for the
filing for record in the office of the judge of probate of each county in which any part of
such water, sewer and garbage systems or other revenue-producing facilities or any thereof
may be located of a notice containing a brief description...
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45-2A-61.03
Section 45-2A-61.03 Bond issue authorized. (a) In payment for the purchase, lease, construction,
acquisition, extension, or maintenance of such television cable system, the utilities board
may issue its bonds in the manner provided by law. (b) Such utilities board, in order to secure
the prompt and faithful payment of the principal and interest of all debts, bonds, or other
evidences of indebtedness incurred or issued by it for the construction, acquisition, lease,
extension, or maintenance of a television cable system may execute a mortgage or deed of trust
upon any or all of such system and all property used in connection therewith, including the
franchise or any part thereof. (c) Such mortgage or deed of trust may contain such terms,
conditions, covenants, and warranties for the protection of the utilities board and holders
of such bonds or securities issued by such utilities board as may be determined and agreed
upon by the governing body of the utilities board and persons, firms,...
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45-2A-80.03
Section 45-2A-80.03 Bond issue authorized. (a) In payment for the purchase, lease, construction,
acquisition, extension, or maintenance of such television cable system, the municipal corporation
may issue its bonds in the manner provided by law. (b) Such municipal corporation, in order
to secure the prompt and faithful payment of the principal and interest of all debts, bonds,
or other evidences of indebtedness incurred or issued by it for the construction, acquisition,
lease, extension, or maintenance of a television cable system may execute a mortgage or deed
of trust upon any or all of such system and all property used in connection therewith, including
the franchise or any part thereof. (c) Such mortgage or deed of trust may contain such terms,
conditions, covenants, and warranties for the protection of the utilities board and holders
of such bonds or securities issued by such municipal corporation as may be determined and
agreed upon by the governing body of the municipal...
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45-40A-10.04
Section 45-40A-10.04 Funding. (a) In payment for the purchase, construction, acquisition, extension,
or maintenance of the television cable system, the municipal corporation may issue its bonds
in the manner provided by law. (b) The municipal corporation, in order to secure the prompt
and faithful payment of the principal and interest of all debts, bonds, or other evidences
of indebtedness incurred or issued by it for the construction, acquisition, extension, or
maintenance of a television cable system, may execute a mortgage or deed of trust upon any
or all of the system and all property used in connection therewith, including the franchise
or any part thereof. (c) The mortgage or deed of trust may contain the terms, conditions,
covenants, and warranties for the protection of the municipal corporation and holders of the
bonds or securities issued by the municipal corporation as may be determined and agreed upon
by the governing body of the municipal corporation and persons, firms, or...
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11-50-102
Section 11-50-102 Liability of municipal officials to bondholders for diversion, misappropriation,
etc., of funds for payment of bonds. The official charged with the duty of collecting assessments
shall be liable on his official bond to any holder of the bonds authorized to be issued under
this division for any loss or injury to such bondholder caused by the diversion by said officer
of any funds or part thereof to the payment of any bonds or coupons or indebtedness of the
city or town other than the bonds and interest coupons entitled and indebtedness authorized
by this division to be paid out of said fund or by the use or misappropriation by said officer
of any part of the funds out of which said bonds are required and contemplated in this division
to be paid for any other purpose than provided for in this division or for the benefit of
the city or town or others. All members of the governing body or bodies of the city or town
who shall, by their vote or in any other manner, cause,...
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11-50-172
Section 11-50-172 Provision by transferor for payment of outstanding bonds, mortgages, indentures,
etc. If there are outstanding any bonds, mortgages, indentures, resolutions, or other obligations,
including revenue bonds or other securities, payable from or secured by a pledge of the revenues
or earnings of or constituting a lien upon the water system or systems proposed to be transferred
and conveyed under the provisions of this article, the public corporation proposing to make
such transfer and conveyance: (1) Shall make provision for the assumption by the transferee
public corporation of the due and prompt payment of the principal of and interest on such
bonds or other obligations and the due and prompt performance of all other agreements and
conditions in the manner authorized by such outstanding bonds, mortgages, indentures, resolutions,
or other obligations, or (2) In the absence of any such authorization or, at the election
of the transferor and transferee public corporations,...
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11-50-346
Section 11-50-346 Execution of trust agreement as security for payment of revenue bonds authorized;
provisions in trust agreements or resolutions for issuance of bonds generally. In the discretion
of the board, any revenue bonds issued under the provisions of this article may be secured
by a trust agreement by and between the board and a corporate trustee, which may be any trust
company or bank having the powers of a trust company within or without the state. Such trust
agreement or resolution providing for the issuance of such bonds may pledge or assign the
revenues to be received, but shall not convey or mortgage any water system or sewer system
or any part thereof. Such trust agreement or resolution providing for the issuance of such
bonds may contain such provisions for protecting and enforcing the rights and remedies of
the bondholders as may be reasonable and proper and not in violation of law, including covenants
setting forth the duties of the board in relation to the...
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41-10-472
Section 41-10-472 Pledge and lien for benefit of bonds. In the proceedings authorizing the
issuance of any of its bonds, the authority is authorized and empowered to pledge for the
payment of the principal of and interest on such bonds at the respective maturities of said
principal and interest, and to agree to use solely for such purpose, all the revenues which
under the provisions of Section 41-10-471 are provided for the payment of the said principal
and interest, subject to prior pledges thereof as and to the extent the authority may provide.
In said proceedings the authority may further provide and create, as security for the payment
of said principal and interest, a statutory lien upon the buildings and properties, other
than the State Capitol, for the acquisition and construction or renovation of which the bonds
are issued. Such statutory lien shall not be subject to foreclosure and, in the event of default
in the payment of any such principal or interest, the remedies...
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11-81-115
Section 11-81-115 Bond of officer charged with collection of assessments; liability of officer
and members of governing body for diversion, misappropriation, etc., of funds. (a) The official
charged with the duty of collecting assessments shall be required to give bond, including
the amount of any official bond which may have been required of him by law, equal to not less
than five percent of the total amount in said sinking funds provided for in Section 11-81-114,
and said bonds shall be increased and may be diminished from time to time in order to comply
with this provision. The cost of said increased bond shall be paid by the municipality. Said
official shall be liable on his official bond to any holder of the bonds authorized to be
issued under this division for any loss or injury to such holder caused by the diversion by
said officer of any fund or part thereof to the payment of any bonds or coupons or indebtedness
of the municipality other than the bonds and interest coupons...
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22-21-150
Section 22-21-150 Bonds - Default. (a) In event of default on bonds. If there should be any
default in the payment of the principal of, or interest on, any bonds issued under this article,
then the holder of any of the bonds, and of any of the interest coupons applicable thereto,
and the trustee under any indenture, or any one or more of them: (1) May, by mandamus, injunction
or other proceedings, compel performance of all duties of the officers and directors of the
authority with respect to the use of funds for the payment of the bonds and for the performance
of the agreements of the authority contained in the proceedings under which they were issued;
(2) Shall be entitled to a judgment against the authority for the principal of, and interest
on, the bonds so in default; and (3) Regardless of the sufficiency of the security for the
bonds in default and as a matter of right, shall be entitled to the appointment of a receiver:
a. To make lease agreements respecting the project out of...
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