§ 14-33-20-29 — Provisions compromising parts of bonds, notes, or evidences of indebtedness

(a) The board may insert, in a resolution
authorizing the issuance of bonds, notes, or other evidences of
indebtedness payable from revenues, provisions that then comprise a
part of the contract with the holders of the bonds, notes, or other
evidences of indebtedness concerning the following:
(1) Limitations on the purpose to which the proceeds of sale of an
issue of bonds, notes, or other evidences of indebtedness payable
from revenues issued to finance the improving of the water
facilities may be applied.
(2) Limitations on the issuance of additional bonds, notes, or
other obligations to finance the improving of the water facilities
and on the lien of the water facilities.
(3) Limitations on the right of the board to restrict and regulate
the use of the water facilities.
(4) The amount and kind of insurance to be maintained on the
water facilities and the use and disposition of insurance money.
(5) Pledging all or a part of the revenues of the water facilities to
which the board's right exists.
(6) Covenanting against pledging all or a part of revenues of the
water facilities to which the board's right exists.
(7) Events of default and terms and conditions upon which any of
the bonds, notes, or other evidences of indebtedness become or
may be declared due before maturity, including the terms and
conditions upon which the declaration and the consequences of
the declaration may be waived.
(8) The rights, liabilities, powers, and duties arising if the board
breaches any covenants, conditions, or obligations.
(9) A procedure by which the terms of:
(A) a resolution authorizing bonds, notes, or other evidences of
indebtedness payable from revenues; or
(B) any other contract with the holders;
may be amended or abrogated, including the amount of bonds,
notes, or other evidences of indebtedness to which the holders
must consent and the manner in which the consent may be given.
(10) The execution of all instruments necessary or convenient in
the following:
(A) The exercise of the powers granted by this chapter.
(B) The performance of the duties of the board and the board's
officers, agents, and employees.
(11) Refraining from pledging or in any manner claiming or
taking the benefit or advantage of a stay or extension statute that
affects the duties or covenants of the board in relation to the
following:
(A) The bonds, notes, or other evidences of indebtedness.
(B) The performance of or the lien of the bonds, notes, or other
evidences of indebtedness.
(12) The:
(A) purchase out of any money available for the purchase,
including the proceeds of bonds, notes, or other evidences of
indebtedness payable from revenues, of outstanding bonds,
notes, or other evidences of indebtedness; and
(B) price at which and the manner in which the purchases may
be made.
(13) Other acts that:
(A) are desirable to secure the bonds, notes, or other evidences
of indebtedness; or
(B) may tend to make the bonds, notes, or other evidences of
indebtedness more marketable.
(b) This section does not authorize the board to:
(1) make any covenants; or
(2) perform any act;
requiring the expenditure of money other than revenues received or
receivable from the water facilities.
[Pre-1995 Recodification Citation: 13-3-4-12.]

Legislative History

As added by P.L.1-1995, SEC.26.