The resolution authorizing the issuance of the bonds or the trust |
agreement may pledge or assign, in whole or in part, the revenues |
and other money held or to be received by the district and any |
account and contract or other rights to receive the same, whether |
then existing or coming into existence and whether then held or |
acquired by the district, and the proceeds from the bonds, but |
the resolution or trust agreement may not convey or mortgage the |
sewer system or any other properties of the district. The |
resolution may also contain provisions for protecting and |
enforcing the rights and remedies of the bondholders that are |
reasonable and proper and not in violation of law, including, but |
not limited to, covenants setting forth the duties of the |
district and the board of trustees in relation to the |
acquisition, construction, reconstruction, improvement, repair, |
maintenance, operation and assurance of its sewer system or any |
of its other properties; the fixing and revising of rates, fees |
and charges; the application of the proceeds of bonds; the |
custody, safeguarding and application of revenues; the defining |
of defaults and providing for remedies in the event of defaults, |
which may include the acceleration of maturities; the |
establishment of reserves; and the making and amending of |
contracts. The resolution or trust agreement may set forth the |
rights and remedies of the bondholders and of the corporate |
trustee, if any, and may restrict the individual right of action |
by bondholders as is customary in trust agreements or trust |
indentures securing bonds or debentures of corporations. In |
addition, the resolution or trust agreement may contain such |
other provisions as the board of trustees determines reasonable |
and proper for the security of the bondholders. All expenses |
incurred in carrying out the resolution or trust agreement may be |
treated as a part of the cost of operation. The pledge by any |
resolution or trust agreement is valid and binding and is deemed |
continuously perfected for the purposes of the Uniform Commercial |
Code from the time when the pledge is made. All revenues, money, |
rights and proceeds so pledged and received by the district are |
immediately subject to the lien of the pledge without any |
physical delivery or segregation of the pledge or further action |
under the Uniform Commercial Code or otherwise. The lien of the |
pledge is valid and binding against all parties having claims of |
any kind in tort, contract or otherwise against the district |
irrespective of whether those parties have notice of the lien of |
the pledge. |