33-2-191
Section 33-2-191 Docks facilities revenue bonds and refunding bonds - Continuation of special
charges. The department is hereby authorized to continue to impose and collect all charges
and other fees presently imposed and collected, pursuant to statutory authorization, by the
department for the use of docks facilities or the handling or processing of cargo and commodities,
irrespective of any statutory provisions providing for the termination of such charges and
fees upon the happening of certain events, including specifically the special handling charge
on coal handled by the department authorized to be imposed by Act No. 64 enacted at the 1971
Special Session of the Legislature, as amended, and the special processing charge on coal
processed by the department authorized to be imposed by Act No. 703 enacted at the 1976 Regular
Session of the Legislature, as amended, and all statutory provisions respecting or requiring
the termination of such charges and fees in certain events are...
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33-2-194
Section 33-2-194 Docks facilities revenue bonds and refunding bonds - Covenant by department
to maintain charges and other fees. For the benefit of the holders from time to time of the
docks facilities revenue bonds and the refunding bonds herein authorized, and in order to
secure maximum prices for said bonds, and in consideration of the purchase and acceptance
of said bonds by such holders, the department may, in any order of the director authorizing
the issuance of docks facilities revenue bonds or refunding bonds, irrevocably covenant and
agree that while any of such docks facilities revenue bonds or refunding bonds are outstanding
and unpaid, all charges, including special handling and processing charges, tariffs, surcharges,
and other fees of the department shall be maintained at such levels as the department shall
specify. (Acts 1984, No. 84-412, p. 963, §15.)...
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33-2-190
Section 33-2-190 Docks facilities revenue bonds and refunding bonds - Defeasance. Any docks
facilities revenue bond or refunding bond issued pursuant to the provisions of this article
shall no longer be deemed to be outstanding, shall no longer be secured by the docks facilities
revenues that may have been pledged therefor, shall no longer constitute a limited obligation
of the department, and shall be secured solely by and payable solely from moneys and government
securities deposited in trust with one or more trustees or escrow agents as provided herein,
whenever there shall be deposited in trust with one or more trustees or escrow agents, as
provided herein, either moneys or government securities the principal of and interest on which
when due will provide moneys which, together with the moneys, if any, deposited with one or
more trustees or escrow agents, at the same time, shall be sufficient to pay when due the
principal of, premium, if any, and interest due and to become due on...
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33-2-193
Section 33-2-193 Docks facilities revenue bonds and refunding bonds - Preservation of outstanding
appropriations, pledges and covenants by state and department. It is the intention of the
Legislature in enacting this article to preserve inviolate all appropriations and pledges
heretofore made of any portion of any revenues of the department for the benefit of any of
the outstanding bonds. The state does hereby covenant and agree with the holder of each docks
facilities revenue bond or refunding bond issued pursuant to the authority of this article
that while any such bonds are outstanding and unpaid (a) neither the state nor the department
will appropriate or pledge any portion of the docks facilities revenues for the benefit of
any obligations that may at any time be issued pursuant to any statute, ranking on a parity
with or superior to the pledge made for the benefit of docks facilities revenue bonds and
refunding bonds herein authorized, provided that such covenant and agreement...
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33-2-183
Section 33-2-183 Docks facilities revenue bonds and refunding bonds - Generally. The docks
facilities revenue bonds and the refunding bonds shall be in such forms and denominations
and of such tenor and maturities (either serial or term or a combination thereof), provided
that no docks facilities revenue bond or refunding bond shall have a specified maturity date,
including sinking fund redemptions, later than 30 years after its date, shall bear such rate
or rates of interest (including a zero rate of interest) payable and evidenced in such manner,
and may contain other provisions not inconsistent with this article, all as may be provided
in the order or orders of the director in which the docks facilities revenue bonds or the
refunding bonds, respectively, are authorized to be issued; provided, that no such order shall
be valid without the written approval of the Governor. Notwithstanding any other provision
of this article to the contrary, the director may, in connection with the...
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33-2-188
Section 33-2-188 Docks facilities revenue bonds and refunding bonds - Disposition of proceeds
of refunding bonds. The proceeds of refunding bonds shall be applied, together with any other
moneys legally available therefor to the payment of the expenses authorized by this article
and to the payment of the principal of, premium, if any, and interest due and to become due
on any outstanding bonds to be refunded thereby and, if so required by order of the director,
shall be deposited by the department, with one or more trustees or escrow agents, which trustees
or escrow agents shall be trust companies or national or state banks, located either within
or without the state, having powers of a trust company, in an interest account to pay interest
on refunding bonds, and in a reserve account to further secure the payment of the principal
of, premium, if any, and interest on any refunding bonds. Proceeds of refunding bonds may
also be applied to repay the department's lease obligations with...
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33-2-200
Section 33-2-200 Definitions. The words and terms used in this division shall have the same
definitions as provided in Section 33-2-180. In addition, the following words and terms shall
be given the following respective meanings: (1) INDENTURE. Any mortgage, indenture of mortgage,
deed of trust, trust agreement, or trust indenture executed by the department as security
for its special purpose obligations. (2) PRIVATE FACILITIES. Any and all kinds of buildings,
improvements, equipment, or other facilities for the use and benefit of one or more commercial
enterprises engaged in the manufacturing, processing, assembling, storing, warehousing, distributing,
or selling of any products of agriculture, mining, or industry, or other commercial activity
or research in connection therewith which is determined by the department's board of directors,
in its discretion, to aid commerce and use of the waterways of the state. (3) PRIVATE FACILITY
PAYMENTS. Rentals or other payments made to the...
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11-81-150
Section 11-81-150 Establishment, collection, etc., of rates, fees, tolls, etc., for services,
facilities, etc., of undertakings. The governing body shall prescribe and collect reasonable
rates, fees, tolls, rents or charges for the services, facilities and commodities of any undertaking
for the acquisition, construction, reconstruction, improvement, betterment or extension of
which revenue anticipation bonds are issued under this division, and shall revise such rates,
fees, tolls, rents or charges from time to time whenever necessary so that such undertakings
shall be and always remain self-supporting. The rates, fees, tolls, rents or charges prescribed
shall be such as will produce revenue at least sufficient to pay when due all bonds and interest
thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise
encumbered, including reserves therefor, and to provide for all expenses of operation and
maintenance of such undertaking, including reserves...
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33-2-202
Section 33-2-202 Short-term obligations. The department, from time to time, may enter into
or execute and deliver short-term obligations. Any short-term obligations shall not be general
obligations of the department, but shall be payable solely from docks facilities revenues
and shall be subject to repayment in not more than three years; provided, that the department
may refinance or renew any short-term obligations from time to time. As security for the payment
of any short-term obligations, the department is hereby authorized and empowered to pledge
for payment of the short-term obligations, all or any part of its docks facilities revenues;
provided, however, that any pledge of its docks facilities revenues, in the discretion of
the department, may be on parity with or subordinate to the pledge securing any revenue bonds
or other obligations of the department. (Act 2007-280, p. 379, §3.)...
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41-10-310
Section 41-10-310 Authority to issue bonds. For the purpose of providing funds for the acquisition
of sites, for the construction, reconstruction, alteration and improvement of facilities,
for the procurement and installation of equipment therefor and for payment of obligations
incurred and the principal of and interest on any temporary loans made for any of the said
purposes, the authority is hereby authorized, from time to time, to sell and issue its bonds
(other than refunding bonds) in such aggregate principal amounts as may be determined by the
board of directors of the authority to be necessary for the said purposes. (Acts 1986, No.
86-546, p. 1093, §11.)...
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