§ 4-35-303 - Security for bonds.
               	 		
4-35-303.    Security for bonds.
    (a)  The  principal of and interest on bonds may be secured by a pledge of the  revenues of a water authority of that project financed by the water  authority through its issuance of bonds or from any other source that  the water authority may deem necessary and appropriate and may be  secured by the creation of a forecloseable mortgage and security  interest encumbering the real property of the water authority or  security interest in all personal property and revenues of the water  authority as set forth in the indenture.
(b)  The  trustee under any indenture may be a trust company or bank having trust  powers, whether located within or without the state.
(c)  The  bond resolution of the water authority authorizing the bonds or  indenture may contain, all as the board of directors shall deem  advisable and as shall not be in conflict with the provisions of this  subchapter, any agreements and provisions customarily contained in  instruments securing evidences of indebtedness, including, without  limiting the generality of the foregoing:
      (1)  Provisions respecting the nature and extent of the security;
      (2)  The  collection, segregation, and application of the revenues generated from  the operation of any project covered by the bonds, the resolution, or  the indenture;
      (3)  Covenants to  always operate the project as a revenue-producing undertaking and to  charge and collect, including the obligation to increase from time to  time, sufficient revenue to maintain income at required levels;
      (4)  The maintenance and insurance of the project;
      (5)  The creation and maintenance of reserve and other special funds; and
      (6)  The  rights and remedies available in the event of default to the holders of  the bonds or the trustees under the indenture, bond, or resolution.
(d)  If  there is any default by a water authority in payment of the principal  of or the interest on the bonds or in any of the agreements on the part  of the water authority that may properly be included in any indenture,  bond, or resolution securing the bonds, the bondholders or the trustee  under any bond, resolution, or indenture, as authorized in the bond,  resolution, or indenture may either in law or in equity, by suit,  action, mandamus, or other proceeding enforce payment of the principal  or interest and compel performance of all duties of the board and  officers of the water authority and shall be entitled as a matter of  right and regardless of the sufficiency of any such security to the  appointment of a receiver in equity with all the powers of the receiver  for the operation and maintenance of the project covered by the  indenture, bond, or resolution and the collection, segregation, and  applications of income and revenues therefrom.
(e)  The  indenture, bond, or resolution may contain provisions regarding the  rights and remedies of any trustee thereunder and the holders of the  bonds and the coupons and restricting the individual rights of action of  the holders of the bonds and coupons.
(f)    (1)  In  the event of a default in the payment of the principal of or interest  on any bonds issued under the provisions of this chapter, any court  having jurisdiction may appoint a receiver to take charge of the  facilities upon or in which there is a mortgage lien or security  interest securing the bonds in default.
      (2)  The  receiver shall have the power and authority to operate and maintain the  facilities in receivership, to charge and collect payments, fees,  rents, and charges sufficient to provide for the payment of any costs of  receivership and operating expenses of the project in receivership, and  to apply the revenues derived from the facilities in receivership in  conformity with this chapter and the resolution or trust indenture  securing the bonds in default.
      (3)  When the default has been cured, the receivership shall be ended and the facilities returned to the water authority.
(g)  The  relief provided in this section shall be construed to be in addition  and supplemental to the other remedies provided in this chapter and the  remedies that may be provided in the resolution or trust indenture  authorizing or securing the bonds and shall be so granted and  administered as to accord full recognition to priority rights of  bondholders as to the pledge of revenues from and mortgage lien on or  security interest in facilities as specified in and fixed by the  resolution or trust indenture authorizing or securing successive issues  of bonds.