198A.090 Corporate authorization and operation of revenue bond financing -- Approval of General Assembly required for certain bond or note issuances. - Kentucky Statutes

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198A.090 Corporate authorization and operation of revenue bond financing -- Approval of General Assembly required for certain bond or note issuances. (1) Except as provided in subsection (6) of this section, the corporation may provide for the issuance, at one (1) time or from time to time, of bonds of the corporation if the
cumulative outstanding indebtedness of the corporation's bonds does not exceed
five billion dollars ($5,000,000,000), in order to carry out and effectuate its
corporate purposes and powers. (2) In anticipation of the issuance of bonds, the corporation may provide for the issuance, at one (1) time or from time to time, of bond anticipation notes. The
principal of and the interest on the bonds or notes shall be payable solely from the
funds provided for the payment. Notes may be made payable from the proceeds of
bonds or renewal notes or, if bond or renewal note proceeds are not available, notes
may be paid from any available revenues or assets of the corporation. (3) The bonds or notes of each issue shall be dated and may be made redeemable before maturity at the option of the corporation at a price and under terms and conditions
determined by the corporation. Bonds or notes shall bear interest at a rate
determined by the corporation. Notes shall mature at a time not exceeding ten (10)
years from their date and bonds shall mature at a time not exceeding forty (40) years
from their date, as determined by the corporation. The corporation shall determine
the form and manner of execution of the bonds or notes, including any interest
coupons to be attached thereto, and shall fix the denomination and the place of
payment of principal and interest, which may be any bank or trust company within
or without the Commonwealth. If an officer whose signature or a facsimile of
whose signature appears on any bonds, notes, or coupons attached to them shall
cease to be an officer before the delivery thereof, the signature or facsimile shall be
valid and sufficient for all purposes as if he had remained in office until delivery.
The corporation may provide for the authentication of the bonds or notes by a
trustee or fiscal agent. The bonds or notes may be issued in coupon or in registered
form, or both, as the corporation may determine, and provision may be made for the
registration of any coupon bonds or notes as to principal alone and also as to both
principal and interest, and for the reconversion into coupon bonds or notes of any
bonds or notes registered as to both principal and interest, and for the interchange of
registered and coupon bonds or notes. Upon the approval of a resolution of the
corporation, authorizing the sale of its bonds or notes, the bonds or notes may be
sold in a manner, either at public or private sale, and for a price the corporation
shall determine to be for the best interest of the corporation and best effectuate the
purposes of this chapter, if the sale is approved by the corporation. (4) The proceeds of any bonds or notes shall be used solely for the purposes for which they are issued and shall be disbursed in the manner and under the restrictions, if
any, the corporation may provide in the resolution authorizing the issuance of bonds
or notes or in the trust agreement securing the same. (5) Prior to the preparation of definitive bonds, the corporation may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons,
exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The corporation may also provide for the replacement of any
bonds or notes which become mutilated, destroyed, or lost. (6) (a) Prior to the issuance of any bonds or notes that are not secured by: 1. Direct obligations or obligations guaranteed by the United States of
America; or 2. Obligations of federal agencies to the extent that the obligations are
backed by the full faith and credit of the United States of America; or 3. Repurchase agreements with any primary dealer in securities fully
secured by obligations described in subparagraphs 1. and 2. of this
paragraph if the market value of the security is maintained at one
hundred three percent (103%) of the principal amount of the repurchase
agreement and the security is held by an independent third-party
custodian financial institution; or 4. Insured or guaranteed construction loans or mortgage loans as defined
by KRS 198A.010(9) and (10); or 5. Guaranty insurance policies which guarantee payment of the principal
and interest on the bonds issued by a nationally recognized entity
authorized to issue guarantees and rated in the highest rating category by
at least one (1) of the nationally recognized rating services; the corporation shall obtain the approval of the issuance from the General
Assembly in accordance with the provisions of KRS 56.870(1), unless the
provisions of paragraph (b) of this subsection apply. This requirement shall
not apply to refunding bond or note issues which are for the purpose of
achieving debt service savings and which do not extend the term of the
refunded bonds or notes. (b) The corporation may provide for the issuance, at any one (1) time or from time to time, of bonds which do not satisfy the requirements of paragraph (a)
of this subsection without approval of the issuance by the General Assembly if
the cumulative outstanding indebtedness of the corporation that does not meet
the requirements of paragraph (a) of this subsection does not exceed thirty
million dollars ($30,000,000). (c) The corporation shall annually report on its housing and bonding programs to the Interim Joint Committee on Appropriations and Revenue. (7) The Finance and Administration Cabinet shall provide to the corporation fiscal consultant services regarding revenue bond management as necessary. Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 76, sec. 1, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 15, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts
ch. 53, sec. 4, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 365, sec. 1,
effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 99, sec. 7, effective March
23, 1982. -- Amended 1978 Ky. Acts ch. 220, sec. 5, effective June 17, 1978. --
Amended 1976 Ky. Acts ch. 310, sec. 1. -- Amended 1974 Ky. Acts ch. 74, Art. II,
sec. 9(1); and ch. 383, sec. 6. -- Created 1972 Ky. Acts ch. 70, sec. 10.