§ 15D.12 — REVENUES

Minnesota § 15D.12

• Jurisdiction: Minnesota
• Part: FRAUDULENT STATE CLAIMS
• Ch. 15D: HEALTH AND EDUCATION FACILITIES AUTHORITY

Text

The authority may fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each project and may contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. The rates, rents, fees, and charges may vary between projects involving an education facility and projects involving a health care facility and shall be fixed and adjusted in respect of the aggregate of rates, rents, fees, and charges from the project so as to provide funds sufficient with other revenues, if any:
(1) to pay the cost of maintaining, repairing and operating the project and each and every portion of the project, to the extent that the payment of the cost has not otherwise been adequately provided for;
(2) to pay the principal of and the interest on outstanding revenue bonds of the authority issued in respect of the project as the same shall become due and payable; and
(3) to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, revenue bonds of the authority. The rates, rents, fees and charges shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this state other than the authority. A sufficient amount of the revenues derived in respect of a project, except part of the revenues as may be necessary to pay the cost of maintenance, repair and operation and to provide reserves and for renewals, replacements, extensions, enlargements and improvements as may be provided for in the resolution authorizing the issuance of any revenue bonds of the authority or in the trust agreement securing the same, shall be set aside at regular intervals as may be provided in the resolution or trust agreement in a sinking or other similar fund that is hereby pledged to, and charged with, the payment of the principal of and the interest on revenue bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. The pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind against the authority, irrespective of whether the parties have notice of the pledge. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. The use and disposition of moneys to the credit of a sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of bonds or of a trust agreement. Except as may otherwise be provided in the resolution or trust agreement, the sinking or other similar fund shall be a fund for all revenue bonds issued to finance a project or projects at one or more participating institutions without distinction or priority of one over another; provided the authority in any resolution or trust agreement may provide that the sinking or other similar fund shall be the fund for a particular project at a participating institution and for the revenue bonds issued to finance a particular project and may, additionally, permit and provide for the issuance of revenue bonds having a subordinate lien in respect of the security herein authorized to other revenue bonds of the authority and, in such case, the authority may create separate or other similar funds in respect of the subordinate lien bonds.

Legislative History

1971 c 868 s 12;1Sp2025 c 3 art 7 s 24,30