§ 14-265-105 - Bonds -- Issuance, sale, and execution.
               	 		
14-265-105.    Bonds -- Issuance, sale, and execution.
    (a)    (1)  The issuance of revenue bonds shall be by an ordinance of the municipality or an order of the county court, as the case may be.
      (2)  The bonds shall be coupon bonds payable to bearer but subject to registration as to principal or as to principal and interest.
      (3)  The bonds may be:
            (A)  Bonds registered as to principal or as to principal and interest;
            (B)  Exchangeable for bonds of another denomination; and
            (C)  Issued in one (1) or more series.
      (4)  The  bonds may bear such date or dates, may mature at such time or times,  not exceeding forty (40) years from their respective dates, may bear  interest at such rate or rates, may be in such form, may be executed in  such manner, may be payable in such medium of payment and at such place  or places, may be subject to such terms of redemption, and may contain  such terms, covenants, and conditions as the ordinance or order may  provide including, without limitation, those pertaining to the custody  and application of the proceeds of the bonds, the collection and  disposition of revenues, the maintenance and investment of various funds  and reserves, the nature and extent of the security, the rights,  duties, and obligations of the municipality or county and the trustee  for the holders or registered owners of the bonds, and the rights of the  holders or registered owners of the bonds.
      (5)  Priority between and among successive issues may be controlled by the ordinance or order.
      (6)  The  bonds shall have all the qualities of negotiable instruments under the  laws of this state, subject to the provisions for registration set forth  in this section.
(b)    (1)  The  ordinance or order may provide for the execution by the municipality or  county of an indenture which defines the rights of the bondholders and  provides for the appointment of a trustee for the bondholders.
      (2)  The  indenture may control the priority between successive issues and may  contain any other terms, covenants, and conditions that are deemed  desirable including, without limitation, those pertaining to the custody  and application of the proceeds of the bonds, the collection and  disposition of revenues, the maintenance of various funds and reserves,  the nature and extent of the security, the rights, duties, and  obligations of the municipality or county and the trustee for the  holders or registered owners of the bonds, and the rights of the holders  or registered owners of the bonds.
      (3)  It  shall not be necessary for the municipality to publish any indenture or  any lease or other security agreement or instrument if the ordinance  authorizing the indenture or lease or other security agreement or  instrument is published as required by the law governing the publication  of ordinances of a municipality and the ordinance advises that a copy  of the indenture or lease or other security agreement or instrument, as  the case may be, is on file in the office of the clerk or recorder of  the municipality for inspection by any interested person and a copy of  the indenture or lease or other security agreement or instrument, as the  case may be, is filed with the clerk or recorder of the municipality.
(c)    (1)  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  municipality or county may determine by ordinance or order.
      (2)  The  bonds may be sold with the privilege of conversion into an issue  bearing another rate or rates of interest, upon such terms and  conditions as the municipality or county shall specify but, in any  event, such that the municipality or county receives no less and pays no  more than it would receive and pay if the bonds were not converted; the  conversion shall be subject to the approval of the governing body of  the municipality or the county court.
(d)    (1)  The  bonds shall be executed by the mayor and the clerk or recorder of the  municipality, or by the county judge and county clerk of the county, as  the case may be, and, in case any of the officers whose signatures  appear on the bonds or coupons shall cease to be those officers before  the delivery of the bonds or coupons, the signatures shall nevertheless  be valid and sufficient for all purposes.
      (2)  The coupons attached to the bonds may be executed by the facsimile signature of the mayor or county judge.