§ 23-19-14. Bonds and notes of the corporation.
(a) The corporation shall have the power and is authorized to issue from time to time
its negotiable bonds and notes in one or more series in principal amounts that in
the opinion of the corporation shall be necessary to provide sufficient funds for
achieving its purposes, including the payment of interest on bonds and notes of the
corporation, the establishment of reserves to secure the bonds and notes (including
the reserve funds created pursuant to § 23-19-17), and the making of all other expenditures of the corporation incident to and necessary
or convenient to carrying out its purposes and powers.
(b) All bonds and notes issued by the corporation may be secured by the full faith and
credit of the corporation, or may be payable solely out of the revenues and receipts
derived from the lease, mortgage, or sale by the corporation of its projects or of
any part of its projects, from repayment from any loans made by the corporation with
regard to any of its projects or any part of its projects, or from other contractual
arrangements entered into by the corporation with respect to its projects, all as
may be designated in the proceedings of the corporation under which the bonds or notes
shall be authorized to be issued. The bonds and notes may be executed and delivered
by the corporation at any time from time to time, may be in any form and denominations
and of any tenor and maturities, and may be in bearer form or in registered form,
as to principal and interest or as to principal alone, all as the corporation may
determine.
(c) Bonds and notes may be payable in installments and at times not exceeding fifty (50)
years from the date issued as shall be determined by the corporation.
(d) Bonds and notes may be payable at any place, whether within or without the state,
may bear interest at a rate or rates payable at the time or times and at any place
or places and evidenced in any manner, and may contain any provisions not inconsistent
herewith, all as shall be provided in the proceedings of the corporation under which
they shall be authorized to be issued.
(e) There may be retained by provision made in the proceedings under which any bonds or
notes of the corporation are authorized to be issued, an option to redeem all or any
part of the bonds or notes, at prices and upon notice, and on further terms and conditions
that shall be set forth on the record of the proceedings and on the face of the bonds
or notes.
(f) Any bonds or notes of the corporation may be sold from time to time at the prices,
at public or private sale, and in the manner that shall be determined by the corporation,
and the corporation shall pay all expenses, premiums, and commissions as it shall
deem necessary or advantageous in connection with the issuance and sale of any bonds
or notes.
(g) Money of the corporation, including proceeds from the sale of bonds or notes, and
revenues, receipts, and income from any of its projects, may be invested and reinvested
in obligations, securities, and other investments consistent with the provisions of
§ 23-19-10(35) as shall be specified in the resolutions under which the bonds or notes are authorized.
(h) Issuance by the corporation of one or more series of bonds or notes for one or more
purposes shall not preclude it from issuing other bonds or notes in connection with
the same project or any other project, but the proceedings upon which any subsequent
bonds or notes may be issued shall recognize and protect a prior pledge or mortgage
made for a prior issue of bonds or notes unless in the proceedings authorizing the
prior issue, the right is reserved to issue subsequent bonds or notes on a parity
with the prior issue.
(i) The corporation is authorized to issue bonds or notes for the purpose of refunding
its outstanding bonds or notes, including the payment of any redemption premium and
any interest accrued or to accrue to the earliest or subsequent date of redemption,
purchase, or maturity of the bonds or notes, and, if deemed advisable by the corporation,
for the additional purpose of paying all or part of the cost of acquiring, constructing,
reconstructing, rehabilitating, or improving any project, or the making of loans on
any project. The proceeds of bonds or notes issued for the purpose of refunding outstanding
bonds or notes may be applied, in the discretion of the corporation, to the purchase,
retirement at maturity, or redemption of the outstanding bonds or notes either on
the earliest or a subsequent redemption date, and may, pending the application, be
placed in escrow. The escrowed proceeds may be invested and reinvested in obligations
of or guaranteed by the United States of America, or in certificates of deposit, time
deposits, or repurchase agreements secured or guaranteed by the state or the United
States, or an instrumentality of either, maturing at a time or times that shall be
appropriate to assure the prompt payment, as to principal, interest, and redemption
premium, if any, of the outstanding bonds or notes to be so refunded. The interest,
income and profits, if any, earned or realized on the investment may also be applied
to the payment of the outstanding bonds or notes to be refunded. After the terms of
the escrow have been fully satisfied and carried out, any balance of the proceeds
and interests, income and profits, if any, earned or realized on the investments,
may be returned to the corporation for use by it in furtherance of its purposes. The
portion of the proceeds of bonds or notes issued for the additional purpose of paying
all or part of the cost of acquiring, constructing, reconstructing, rehabilitating,
developing, or improving any project, or the making of loans on any project, may be
invested and reinvested in obligations, securities, and other investments consistent
herewith as shall be specified in the resolutions under which the bonds or notes are
authorized and which shall mature not later than the times when the proceeds will
be needed for its purposes. The interest, income, and profits, if any, earned or realized
on the investments may be applied to the payment of all parts of the costs, or to
the making of the loans, or may be used by the corporation otherwise in furtherance
of its purposes. All the bonds or notes shall be issued and secured, and shall be
subject to the provisions of this chapter in the same manner and to the same extent
as any other bonds or notes issued pursuant to this chapter.
(j) The commissioners, the executive director of the corporation, and other persons executing
the bonds or notes shall not be subject to personal liability or accountability by
reason of the issuance of bonds or notes.
(k) Bonds or notes may be issued under the provisions of this chapter without obtaining
the consent of any department, division, commission, board, body, bureau, or agency
of the state, and without any other proceedings or the happening of any conditions
or things other than those proceedings, conditions, or things which are specifically
required by this chapter and by the provisions of the resolution authorizing the issue
of the bonds or notes or the trust agreement securing the bonds.
(l) The corporation, subject to agreements with noteholders or bondholders that may then
be in force, shall have the power, out of any available funds, to purchase bonds or
notes of the corporation, which shall thereupon be cancelled, at a price not exceeding:
(1) If the bonds or notes are then redeemable, the redemption price then applicable plus
accrued interest to the next interest payment date; or
(2) If the bonds or notes are not then redeemable, the redemption price applicable on
the earliest date that the bonds or notes become subject to redemption, plus the interest
that would have accrued to that date.
(m) Whether or not the bonds and notes are of a form and character as to be negotiable
instruments under the terms of the uniform commercial code, the bonds and notes are
hereby made negotiable instruments within the meaning of and for all the purposes
of the uniform commercial code, subject only to the provisions of the bonds and notes
for registration.
(n) If a commissioner or officer of the corporation whose signature appears on bonds,
notes, or coupons shall cease to be a commissioner or officer before the delivery
of the bonds or notes, the signature shall, nevertheless, be valid and sufficient
for all purposes, the same as if the commissioner or officer had remained in office
until the delivery.