2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle G - River Authorities › Chapter 8502 - Brazos River Authority › Section 8502.008. Bond Provisions

Sec. 8502.008.  BOND PROVISIONS.  (a)  Bonds may be:
(1)  sold for cash, at public or private sale, and at the price the board determines;
(2)  issued on the terms the board determines in exchange for property of any kind, real, personal, or mixed, or any interest in property, that the board determines necessary or convenient for any corporate purpose;  or
(3)  issued to refund bonds issued at any time under authority of this chapter.
(b)  Bonds must be authorized by resolution of the board.
(c)  A resolution authorizing bonds may contain provisions that are part of the contract between the authority and the purchasers and subsequent holders of the bonds:
(1)  reserving the right to redeem the bonds at the time, in the amount, and at the price provided;
(2)  providing for the setting aside of sinking funds or reserve funds and the regulation and disposition of those funds;
(3)  pledging, to secure the payment of the principal of and interest on the bonds and the sinking fund or reserve fund payments agreed to be made with respect to the bonds, all or any part of the gross or net revenues subsequently received by the authority with respect to the property, real, personal, or mixed, to be acquired or constructed with the bonds or with proceeds of the bonds, or all or any part of the gross or net revenues subsequently received by the authority from any source;
(4)  prescribing the purposes to which the bonds or any bonds later issued, or the proceeds of the bonds, may be applied;
(5)  agreeing to set and collect rates and charges sufficient to produce revenues that are adequate to pay the items specified in any resolution or resolutions authorizing any bonds, and prescribing the use and disposition of all revenues;
(6)  prescribing limitations on the issuance of additional bonds and on all agreements that may be made with the purchasers and successive holders of the bonds;
(7)  relating to the construction, extension, improvement, operation, maintenance, depreciation, replacement, and repair of the properties of the authority and the carrying of insurance on all or any part of the property covering loss or damage or loss of use and occupancy resulting from specified risks;
(8)  establishing the procedure, if any, by which, if the authority so desires, the terms of any contract with the bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to such amendment or abrogation, and the manner in which the consent is evidenced;
(9)  providing for the execution and delivery by the authority to a bank or trust company authorized by law to accept trusts, or to the United States or any office or agency of the United States, of indentures or agreements authorized to be made with or for the benefit of the bondholders and any other provisions contained in the indentures or agreements;  and
(10)  making other provisions, not inconsistent with this chapter, that the board approves.
Added by Acts 2003, 78th Leg., ch. 996, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Water Code, Section 221.008 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.006(a), eff. September 1, 2007.