LD 982
pg. 11
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LR 818
Item 1

 
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.

 
The resolution authorizing the issuance of bonds under this Act,
or any trust agreement securing those bonds, may provide that all
or a sufficient amount of revenues, after providing for the
payment of the cost of repair, maintenance and operation and
reserves for the payment as may be provided in the resolution or
trust agreement, is set aside at such regular intervals as may be
provided in the resolution or trust agreement and deposited in


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