16.132 - SECURITY -- RESERVE FUNDS -- PLEDGES -- NONLIABILITY -- IRREVOCABLE CONTRACTS.
16.132 SECURITY -- RESERVE FUNDS -- PLEDGES --
NONLIABILITY -- IRREVOCABLE CONTRACTS.
1. The authority may provide in the resolution, trust agreement,
or other instrument authorizing the issuance of its bonds or notes
pursuant to section 16.131 that the principal of, premium, and
interest on the bonds or notes are payable from any of the following
and may pledge the same to its bonds and notes:
a. The income and receipts or other money derived from the
projects financed with the proceeds of the bonds or notes.
b. The income and receipts or other money derived from
designated projects whether or not the projects are financed in whole
or in part with the proceeds of the bonds or notes.
c. The amounts on deposit in the revolving loan funds.
d. The amounts payable to the authority by eligible entities
pursuant to loan agreements with eligible entities.
e. Any other funds or accounts established by the authority
in connection with the program or the sale and issuance of its bonds
or notes.
2. The authority may establish reserve funds, to secure one or
more issues of its bonds or notes. The authority may deposit in a
reserve fund established under this subsection the proceeds of the
sale of its bonds or notes and other money which is made available
from any other source.
3. It is the intention of the general assembly that a pledge made
in respect of bonds or notes shall be valid and binding from the time
the pledge is made, that the money or property so pledged and
received after the pledge by the authority shall immediately be
subject to the lien of the pledge without physical delivery or
further act, and that the lien of the pledge shall be valid and
binding as against all parties having claims of any kind in tort,
contract, or otherwise against the authority whether or not the
parties have notice of the lien. Neither the resolution, trust
agreement, nor any other instrument by which a pledge is created
needs to be recorded or filed under the Iowa uniform commercial code,
chapter 554, to be valid, binding, or effective against the parties.
4. Neither the members of the authority nor persons executing the
bonds or notes are liable personally on the bonds or notes or are
subject to personal liability or accountability by reason of the
issuance of the bonds or notes.
5. The bonds or notes issued by the authority are not an
indebtedness or other liability of the state or of a political
subdivision of the state within the meaning of any constitutional or
statutory debt limitations but are special obligations of the
authority, and are payable solely from the income and receipts or
other funds or property of the authority, and the amounts on deposit
in the revolving loan funds, and the amounts payable to the authority
under its loan agreements with eligible entities to the extent that
the amounts are designated in the resolution, trust agreement, or
other instrument of the authority authorizing the issuance of the
bonds or notes as being available as security for such bonds or
notes. The authority shall not pledge the faith or credit of the
state or of a political subdivision of the state to the payment of
any bonds or notes. The issuance of any bonds or notes by the
authority does not directly, indirectly, or contingently obligate the
state or a political subdivision of the state to apply money from, or
levy or pledge any form of taxation whatever to the payment of the
bonds or notes.
6. The state pledges to and agrees with the holders of bonds or
notes issued under the Iowa water pollution control works and
drinking water facilities financing program, that the state will not
limit or alter the rights and powers vested in the authority to
fulfill the terms of a contract made by the authority with respect to
the bonds or notes, or in any way impair the rights and remedies of
the holders until the bonds or notes, together with the interest on
them including interest on unpaid installments of interest, and all
costs and expenses in connection with an action or proceeding by or
on behalf of the holders, are fully met and discharged. The
authority is authorized to include this pledge and agreement of the
state, as it refers to holders of bonds or notes of the authority, in
a contract with the holders. Section History: Recent Form
88 Acts, ch 1217, §21
C89, § 220.132
C93, § 16.132
97 Acts, ch 4, §2--4; 2002 Acts, 2nd Ex, ch 1003, §235, 262; 2003
Acts, ch 44, §15, 114; 2009 Acts, ch 30, §6, 7
Referred to in § 16.131A, 16.133