4-31-107 - Bonds and notes Issuance to fund state loan programs.
4-31-107. Bonds and notes Issuance to fund state loan programs.
(a) For the purpose of providing moneys to make program loans under the state loan programs or to retire general obligation bond anticipation notes of the state issued to provide interim financing for such program loans the authority, in addition to the powers otherwise granted by law, shall have the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in such principal amounts as may from time to time be authorized by law.
(b) The proceeds of such bonds and notes shall be applied by the authority, as it deems necessary, to provide sufficient moneys to carry out the purposes of the state loan programs, including the retirement of general obligation bond anticipation notes of the state issued to provide interim financing for the state loan programs, to provide for the payment of interest on such bonds and notes for a reasonable time after issuance, to establish reserves to secure such bonds and notes, and to provide for the payment of costs incident to the issuance of such bonds and notes.
(c) Bonds or notes issued by the authority to provide for loans to local government units pursuant to the provisions of title 68, chapter 221, part 2 for the construction of sewage treatment works, pursuant to the provisions of title 68, chapter 221, part 5 for the construction of water works, or pursuant to title 68, chapter 211, part 4 [repealed], for the construction of energy recovery facilities and/or solid waste resource recovery facilities shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to the provisions of part 4 of this chapter to provide for loans to local government units for the construction of capital projects, or with bonds or notes issued pursuant to any other provisions of this chapter or any other law, nor shall bonds or notes issued by the authority pursuant to the provisions of part 4 of this chapter to provide loans to local government units for the construction of capital projects be issued and sold as part of an issue of bonds or notes issued pursuant to any other provision of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to the provisions of this section.
(d) (1) The authority has the power, and is hereby authorized, to issue from time to time renewal notes, and bonds to pay notes issued in anticipation of such bonds, and, whenever it deems refunding expedient, to refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other authorized purpose.
(2) Such refunding bonds and renewal notes may be issued without further authorization, such issuance being deemed authorized by the law authorizing the bonds and notes to be renewed, paid or refunded.
(3) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
(e) Except as may otherwise be expressly provided by the authority, each issue of its notes or bonds issued pursuant to the provisions of this section shall be limited special obligations of the authority payable solely from and secured solely by moneys derived by the authority from all or a portion of payments made by local government units, pursuant to the loan program agreements with such local government units or moneys withheld from state-shared taxes apportioned to such local government units as permitted under the provisions of the state loan programs, as provided in the resolution authorizing such bonds and notes.
(f) The authority is hereby authorized to issue its bonds and notes in such manner as provided by this chapter.
[Acts 1978, ch. 785, § 7; T.C.A., § 4-3107; Acts 1982, ch. 873, § 13; 1984, ch. 965, § 1; 1986, ch. 846, §§ 7-11; 1989, ch. 233, §§ 2, 3; 1990, ch. 885, §§ 4, 5; 2003, ch. 298, § 7.]