KRS § 184.365 — KY Code / Title XV / Chapter 184 / Section 184.365
184.365 Bonds -- Issuance -- Requirements -- Bond proceedings -- Board's officers and employees not liable in personal capacities
Status: in_force

184.365 Bonds -- Issuance -- Requirements -- Bond proceedings -- Board's officers

and employees not liable in personal capacities.

(1) In addition to bonds issued in accordance with KRS 65.7041 to 65.7083, the board

of trustees of a transportation improvement district may provide by resolution for

the issuance, at one (1) time or from time-to-time, of bonds of the district for the

purpose of paying all or any part of the cost of any one (1) or more projects. The

bond service charges shall be payable solely from pledged revenues pledged for

such payment pursuant to the applicable bond proceedings. The bonds of each issue

shall be dated, shall bear interest at a rate or rates or at variable rates, and shall

mature or be payable at a time or times, with a final maturity not to exceed thirty

(30) years from their date or dates, all as determined by the board in the bond

proceedings. The board shall determine the form of the bonds, including any

interest coupons to be attached thereto, and shall fix the denomination or

denominations of the bonds and the place or places of payment of bond service

charges.

(2) The bonds shall be signed by the chairperson or vice chairperson of the board or by

the facsimile signature of that officer and the official seal of the district or a

facsimile thereof may be affixed thereto or printed thereon and attested by the

secretary-treasurer of the district, which may be by facsimile signature. Any

coupons attached thereto shall bear the facsimile signature of the chairperson or

vice chairperson of the board. In case any officer whose signature, or a facsimile of

whose signature, appears on any bonds or coupons ceases to be the officer before

delivery of the bonds, such signature or facsimile shall nevertheless be valid and

sufficient for all purposes the same as if the officer had remained in office until

delivery.

(3) Subject to the bond proceedings and provisions for registration, the bonds shall

have all the qualities and incidents of negotiable instruments. The bonds may be

issued in the form or forms as the board determines, including without limitation

coupon, book entry, and fully registered form, and provision may be made for the

registration of any coupon bonds as to principal alone and also as to both principal

and interest, and for the exchange of bonds between forms. The board may sell the

bonds by competitive bid on the best bid after advertisement or request for bids or

by private sale in the manner and for the price it determines to be for the best

interest of the district.

(4) The proceeds of the bonds of each issue shall be used solely for the payment of the

costs of the project or projects for which the bonds were issued, and shall be

disbursed in the manner and under the restrictions as the board provides in the bond

proceedings.

(5) Prior to the preparation of definitive bonds, the board may, under like restrictions,

issue interim receipts or temporary bonds or bond anticipation notes, with or

without coupons, exchangeable for definitive bonds when the bonds have been

executed and are available for delivery. The board may provide for the replacement

of any mutilated, stolen, destroyed, or lost bonds.

(6) The provisions of KRS 424.360 shall apply to the bonds issued under this section.

(7) The bond proceedings shall provide, subject to the provisions of any other

applicable bond proceedings, for the pledge to the payment of bond service charges

and of any costs of or relating to credit enhancement facilities of all, or a part as the

board may determine, of the pledged revenues and the applicable special fund or

funds, which pledges may be made to secure the bonds on a parity with bonds

theretofore or thereafter issued if and to the extent provided in the bond

proceedings. Every pledge, and every covenant and agreement with respect thereto,

made in the bond proceedings may in the bond proceedings be extended to the

benefit of the owners and holders of bonds and to any trustee and any person

providing a credit enhancement facility for those bonds, for the further security for

the payment of the bond service charges and credit enhancement facility costs.

(8) The bond proceedings may contain additional provisions as to:

(a) The redemption of bonds prior to maturity at the option of the board or of the

bondholders or upon the occurrence of certain stated conditions, and at such

price or prices and under such terms and conditions as are provided in the

bond proceedings;

(b) Other terms of the bonds;

(c) Limitations on the issuance of additional bonds;

(d) The terms of any trust agreement securing the bonds or under which the same

may be issued;

(e) Any or every provision of the bond proceedings being binding upon the board,

state agencies, or other persons as may from time to time have the authority

under law to take such actions as may be necessary to perform all or any part

of the duty required by the provision;

(f) Any provision that may be made in a trust agreement; or

(g) Any other or additional agreements with the holders of the bonds, or the

trustee therefor, relating to the bonds or the security for the bonds, including

agreements for credit enhancement facilities.

(9) Any holder of bonds or a trustee under the bond proceedings, except to the extent

that the holder's or trustee's rights are restricted by the bond proceedings, may, by

any suitable form of legal proceedings, protect and enforce any rights under the laws

of this state or granted by the bond proceedings. Those rights include the right to

compel the performance of all duties of the board required by KRS 184.350 to

184.395 or the bond proceedings; to enjoin unlawful activities; and in the event of

default with respect to the payment of any bond service charges on any bonds or in

the performance of any covenant or agreement on the part of the board contained in

the bond proceedings, to apply to a court having jurisdiction of the cause to appoint

a receiver to receive and administer the revenues and the pledged revenues which

are pledged to the payment of the bond service charges on the bonds or that are the

subject of the covenant or agreement, with full power to pay, and to provide for

payment of, bond service charges on the bonds, and with the powers, subject to the

direction of the court, as are accorded receivers in general equity cases, excluding

any power to pledge additional revenue or receipts or other income, funds, or

moneys of the board to the payment of the bond service charges and excluding the

power to take possession of, mortgage, or cause the sale or otherwise dispose of any

project or other property of the board.

(10) Each duty of the board and the board's officers and employees, undertaken pursuant

to the bond proceedings, is hereby established as a duty of the board, and of each

officer, member, or employee having authority to perform the duty.

(11) The board's officers or employees are not liable in their personal capacities on any

bonds issued by the board or any agreements of or with the board relating to those

bonds.

(12) The bonds are lawful investments for banks, savings and loan associations, credit

unions, trust companies, trustees, fiduciaries, insurance companies, including

domestic for life and domestic not for life, trustees or other officers having charge

of sinking and bond retirement or other funds of the state or its political

subdivisions and taxing districts, the commissioners of the sinking fund of the state,

the Kentucky Workers' Compensation Funding Commission, state-administered

retirement systems as defined in KRS 7A.210, and also are acceptable as security

for the repayment of the deposit of public moneys.

(13) Provision may be made in the applicable bond proceedings for the establishment of

separate accounts in the bond service fund and for the application of such accounts

only to the specified bond service charges pertinent to such accounts and bond

service fund, and for other accounts therein within the general purposes of the fund.

(14) The board may pledge all, or any portion as it determines, of the pledged revenues

to the payment of bond service charges, and for the establishment and maintenance

of any reserves and special funds, as provided in the bond proceedings, and make

other provisions therein with respect to pledged revenues, revenues, and net

revenues as authorized by KRS 184.350 to 184.395, which provisions shall be

controlling notwithstanding any other provisions of law pertaining thereto.