§ 14-238-114 - Issuance of bonds -- Procedure.
               	 		
14-238-114.    Issuance of bonds -- Procedure.
    (a)    (1)  The issuance of bonds shall be by resolution of the board.
      (2)  As the resolution authorizing their issuance may provide, the bonds may:
            (A)  Be in such form and denominations;
            (B)  Be exchangeable for bonds of another denomination;
            (C)  Be issued in one (1) or more series;
            (D)  Bear such date or dates, and mature at such time or times, not exceeding forty (40) years from the respective dates;
            (E)  Bear interest at such rate or rates;
            (F)  Be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest;
            (G)  Be made payable at such places within or without the state;
            (H)  Be payable in such medium of payment;
            (I)  Be subject to such terms of redemption; and
            (J)  Contain such terms, covenants, and conditions, including, without limitation, those pertaining to:
                  (i)  The custody and application of the proceeds of the bonds;
                  (ii)  The collection and disposition of revenues;
                  (iii)  The maintenance of various funds and reserves;
                  (iv)  The nature and extent of the security and pledging of revenues;
                  (v)  The rights, duties, and obligations of the board and the trustee for the holders and registered owners of the bonds; and
                  (vi)  The rights of the holders and registered owners of the bonds.
      (3)    (A)  There  may be successive bond issues for the purpose of financing the same  waterworks facilities and/or wastewater facilities project, and there  may be successive bond issues for financing the cost of reconstructing,  replacing, constructing additions to, extending, improving, and  equipping waterworks facilities and/or wastewater facilities projects  already in existence, whether or not originally financed by bonds issued  under this subchapter, with each successive issue to be authorized as  provided by this subchapter.
            (B)  Priority  between and among issues and successive issues as to security of the  pledge of revenues and lien on the waterworks facilities and/or  wastewater facilities project involved may be controlled by the  resolution authorizing the issuance of the bonds.
      (4)  Subject  to the provisions of this section pertaining to registration, the bonds  shall have all the qualities of negotiable instruments under the laws  of the State of Arkansas.
      (5)  Without  limiting the generality of the foregoing, the resolution may provide  for the investment of a major portion of the proceeds of the bonds in  consideration of a contract to make payment or payments at least  sufficient, alone or with other revenues pledged, to provide for  principal, premium, if any, and interest on the bonds, as due.
(b)    (1)  The  resolution authorizing the bonds may provide for the execution by the  board of an indenture which defines the rights of the holders and  registered owners of the bonds and provides for the appointment of a  trustee for the holders and registered owners of the bonds.
      (2)  The  indenture may control the priority between and among successive issues  and may contain any other terms, covenants, and conditions that are  deemed desirable, including, without limitation, those pertaining to:
            (A)  The custody and application of proceeds of the bonds;
            (B)  The collection and disposition of revenues;
            (C)  The maintaining of rates and charges;
            (D)  The maintenance of various funds and reserves;
            (E)  The nature and extent of the security and pledging of revenues;
            (F)  The rights, duties, and obligations of the board and the trustee; and
            (G)  The rights of the holders and registered owners of the bonds.
(c)  The  bonds may be sold at public or private sale for such price, including,  without limitation, sale at a discount, and in such manner as the board  may determine by resolution.
(d)    (1)  The  bonds shall be executed by the manual or facsimile signature of the  chairman and by the manual or facsimile signature of the secretary of  the board.
      (2)  The coupons attached to the bonds may be executed by the facsimile signature of the chairman of the board.
      (3)  In  case any of the officers whose signatures appear on the bonds or  coupons shall cease to be such officers before the delivery of the bonds  or coupons, their signatures shall nevertheless be valid and sufficient  for all purposes.