2018 Oklahoma Statutes
Title 70. Schools
§70-4004. Bonds payable only from revenue - Resolution authorizing bonds - Agreements and terms.

Universal Citation: 70 OK Stat § 70-4004 (2018)

(a) The bonds issued hereunder shall not be an indebtedness of the State of Oklahoma or of the institution for which they are issued or the board of regents thereof, but shall be special obligations payable solely from the revenue to be derived from the operation of the building and the board is authorized and directed to pledge all or any part of such revenues to the payment of and interest on the bonds. In order to secure the prompt payment of such principal and interest and the proper application of the revenues pledged thereto, the board is authorized by appropriate provisions in the resolution or resolutions authorizing the bonds:

(1) To covenant as to the use and disposition of the proceeds of the sale of such bonds;

(2) To covenant as to the operation of the building and the collection and disposition of the revenues derived from such operation;

(3) To covenant as to the rights, liabilities, powers and duties arising from the breach of any covenant or agreement into which it may enter in authorizing and issuing the bonds;

(4) To covenant and agree to carry such insurance on the building, and the use and occupancy thereof as may be considered desirable and, in its discretion, to provide that the cost of such insurance shall be considered a part of the expense of operating the building;

(5) To vest in a trustee or trustees the right to receive all or any part of the income and revenues pledged and assigned to or for the benefit of the holder or holders of bonds issued hereunder and to hold, apply and dispose of the same, and the right to enforce any covenant made to secure the bonds and to execute and deliver a trust agreement or agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and may limit the liabilities thereof and prescribe the terms and conditions upon which such trustee or trustees or the holder or holders of the bonds in any specified amount or percentage may exercise such rights and enforce any or all such covenants and resort to such remedies as may be appropriate, including the right to enter into possession of the building and to operate the same until the default is remedied or until all bonded indebtedness related to that building is retired, whichever first occurs;

(6) To fix rents, charges and fees to be imposed in connection with and for the use of the building and the facilities supplied thereby, which rents, charges and fees shall be considered to be income and revenues derived from the operation of the building, and are hereby expressly required to be fully sufficient to assure the prompt payment of principal and interest on the bonds as each becomes due, and to make and enforce such rules and regulations with reference to the use of the building, and with reference to requiring any class or classes of students to use the building as it may deem desirable for the welfare of the institution and its students or for the accomplishment of the purposes of this article;

(7) To covenant to maintain a maximum percentage of occupancy of the building;

(8) To covenant against the issuance of any other obligations payable from the revenues to be derived from the buildings;

(9) To make covenants other than and in addition to those herein expressly mentioned of such character as may be considered necessary or advisable to effect the purposes of this article.

(b) All such agreements and covenants entered into by the board shall be binding in all respects upon the board and its officials, agents and employees, and upon its successors, and all such agreements and covenants shall be enforceable by appropriate action or suit at law or in equity, which may be brought by any holder or holders of bonds issued hereunder.

Added by Laws 1965, c. 396, § 1004, eff. July 1, 1965. Amended by Laws 1973, c. 43, § 2, emerg. eff. April 25, 1973.

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