63H-2-404 - Obligee rights -- Board may confer other rights.
               	 		 63H-2-404.    Obligee rights -- Board may confer other rights.
      (1)  In addition to a right that is conferred on an obligee of an authority bond under thischapter and subject to contractual restrictions binding on the obligee, an obligee may:
      (a)  by mandamus, suit, action, or other proceeding:
      (i)  compel the authority and its board, officers, agents, or employees to perform everyterm, provision, and covenant contained in a contract of the authority with or for the benefit ofthe obligee; and
      (ii)  require the authority to carry out the covenants and agreements of the authority and tofulfill the duties imposed on the authority by this part; and
      (b)  by suit, action, or proceeding in equity, enjoin an act or things that may be unlawfulor violate the rights of the obligee.
      (2) (a)  In a resolution authorizing the issuance of an authority bond or in a trustindenture, mortgage, lease, or other contract, the board may confer upon an obligee holding orrepresenting a specified amount in an authority bond, a right described in Subsection (2)(b):
      (i)  to accrue upon the happening of an event or default prescribed in the resolution,indenture, mortgage, lease, or other contract; and
      (ii)  to be exercised by suit, action, or proceeding in a court of competent jurisdiction.
      (b) (i)  A right that the board may confer under Subsection (2)(a) is a right to:
      (A)  cause possession of all or part of a qualifying transmission project to be surrenderedto an obligee;
      (B)  obtain the appointment of a receiver of all or part of:
      (I)  a qualifying transmission project; and
      (II)  the rents and profits from a qualifying transmission project; and
      (C)  require the authority, its board, and its employees to account as if the authority,board, and employees were the trustees of an express trust.
      (ii)  If a receiver is appointed through the exercise of a right granted under Subsection(2)(b)(i)(B), the receiver:
      (A)  may:
      (I)  enter and take possession of a qualifying transmission project or any part of thequalifying transmission project;
      (II)  operate and maintain the qualifying transmission project; and
      (III)  collect and receive the fees, rents, revenues, or other charges arising from thequalifying transmission project after the receiver's appointment; and
      (B)  shall:
      (I)  keep money collected as receiver for the authority in one or more separate accounts;and
      (II)  apply the money collected as receiver pursuant to the authority obligations as thecourt directs.
Enacted by Chapter 378, 2009 General Session