Section 1080. Bonds  


Latest version.
  • 1.  The  authority  shall  have  power and is hereby
      authorized from time to time to issue its negotiable bonds in conformity
      with applicable provisions of the uniform commercial  code.  Such  bonds
      shall  be  authorized by resolution of the authority and shall bear such
      date or dates, mature at such time or times in not exceeding forty years
      from their respective date or dates, subject to such option  or  options
      of  redemption,  as  may  be provided in the resolution authorizing such
      bonds, at par or at a price not exceeding one hundred five per centum of
      their face value, together with accrued interest, bear interest at  such
      rate  or  rates  that the cost to maturity of the money for any issue of
      such bonds shall not exceed six per centum per annum,  payable  annually
      or  semi-annually,  be  in  such denominations, and in such form, either
      coupon or registered, and be executed in such manner, and be payable  in
      such  medium of payment, at such place or places, and be subject to such
      terms and conditions as such resolution or resolutions may provide.
        2. All bonds of the authority shall be sold at public sale upon sealed
      bids to the bidder who shall offer  the  lowest  interest  cost  to  the
      authority to be determined by the authority. The notice of sale shall be
      published  at  least  once  not  less  than ten nor more than forty days
      before the date of sale in a newspaper designated by the  authority  and
      shall  call  for the receipt of sealed bids and shall fix the date, time
      and place of sale.
        3. Notwithstanding the foregoing provisions requiring public sale, any
      bonds of the authority may be sold by the authority within two years  of
      the effective date of this title at private sale at such price or prices
      as  the authority shall determine not exceeding the interest cost herein
      provided, and the authority also may sell at private sale for such price
      or prices as the authority shall determine not  exceeding  the  interest
      cost herein provided, any bonds authorized for the purpose of paying the
      cost  of acquiring by condemnation a privately owned public water supply
      and distribution system provided such bonds are sold within one year  of
      the date of completion of such condemnation and the proceedings for such
      condemnation were commenced prior to or not more than two years from the
      effective date of this title.
        4. Any bonds of the authority, whether sold at public or private sale,
      shall be sold for a price not less than ninety-six per centum of the par
      value  thereof,  plus accrued interest provided always that the interest
      cost to maturity of the money for any issue  of  such  bonds  shall  not
      exceed  six  per  centum  per  annum.  Such  bonds may be issued for any
      corporate purpose of the authority.
        5. Any resolution or resolutions authorizing  any  bonds  may  contain
      provisions,  which  shall  be a part of the contract with the holders of
      the bonds, as to (a) pledging the revenue or water rents charged by  the
      authority to secure the payment of the bonds;
        (b) the setting aside of reserves or sinking funds, and the regulation
      and disposition thereof;
        (c) limitations on the right of the authority to restrict and regulate
      the  use of water and to alter or reduce rates or charges for the use of
      water;
        (d) limitations on the issuance of additional bonds;
        (e) the application of funds and the safeguarding of funds on hand  or
      on  deposit,  including  the  requiring  of  the  giving of security for
      deposit of such funds by depository banks  or  trust  companies.  Unless
      otherwise  provided  in  said  resolution,  all deposits of funds of the
      authority shall be secured in the manner provided by  law  for  securing
      deposits  of county moneys. All banks and trust companies are authorized
      to give such security for such deposits;
    
        (f) defining the acts or omissions to act  which  shall  constitute  a
      default   in  the  obligations  and  duties  of  the  authority  to  the
      bondholders and providing the rights and remedies of the bondholders  in
      the  event  of  such  default,  including  as  a  matter  of  right  the
      appointment  of  a  receiver;  provided,  however,  that such rights and
      remedies shall be not inconsistent with the general laws of this state.
        6. The authority shall have power from time to time whenever it  deems
      refunding  expedient,  to refund any bonds by the issuance of new bonds,
      whether the bonds to be refunded have or have not matured, and may issue
      bonds partly to refund bonds then outstanding and partly for any of  its
      corporate purposes. Refunding bonds may be delivered by the authority to
      the  purchasers  thereof  at  any  time prior to the date of maturity or
      redemption date of the bonds proposed to be refunded, if  the  authority
      shall  determine  that  such  action  shall  be  financially  sound  and
      advantageous to the authority. The rate or  rates  of  interest  of  the
      refunding  bonds  shall  not be limited by the rate or rates of interest
      borne by any of the bonds to be refunded by such bonds, but all  of  the
      provisions  of  this  section with reference to the sale of bonds of the
      authority, and the interest  cost  of  the  money  raised  by  the  sale
      thereof, shall apply to such refunding bonds.
        7.  Except  as  may  be otherwise expressly provided by the authority,
      every issue of bonds by  the  authority  shall  be  general  obligations
      payable  out  of  any  moneys,  earnings  or  revenues of the authority,
      subject only to any agreements with  the  holders  of  particular  bonds
      pledging any particular moneys, earnings or revenues.
        8.  Neither  the members of the authority nor any person executing the
      bonds shall be personally liable on the  bonds  or  be  subject  to  any
      personal  liability or accountability by reason of the issuance thereof.
      The authority shall have power, out of any funds available therefor,  to
      purchase  (as  distinguished  from  the  power of redemption hereinabove
      provided) any bonds issued by it  at  a  price  of  not  more  than  the
      principal  amount thereof or the redemption price at which the bonds may
      be redeemed at the next ensuing redemption date  and  accrued  interest.
      All bonds so purchased shall be cancelled.
        9.  Any  provision  of  the  uniform  commercial  code to the contrary
      notwithstanding, any pledge of or other security interest  in  revenues,
      moneys, accounts, contract rights, general intangibles or other personal
      property  made  or  created by the authority shall be valid, binding and
      perfected from the time when such  pledge  is  made  or  other  security
      interest  attaches  without  any  physical delivery of the collateral or
      further act, and the lien of any such pledge or other security  interest
      shall  be valid, binding and perfected against all parties having claims
      of any kind  in  tort,  contract  or  otherwise  against  the  authority
      irrespective  of  whether  or  not  such parties have notice thereof. No
      instrument by which such a pledge or security interest  is  created  nor
      any financing statement need be recorded or filed.