Section 44.88.090. Bonds of the authority.

   (a) The authority may borrow money and may issue bonds, including but not limited to bonds on which the principal and interest are payable
        (1) exclusively from the income and receipts or other money derived from the project or development project financed with the proceeds of the bonds or derived from the exporter or exporting transaction financed, guaranteed, or insured with the proceeds of the bonds;
        (2) exclusively from the income and receipts or other money derived from designated projects or development projects or other sources whether or not they are financed, insured, or guaranteed in whole or in part with the proceeds of the bonds; or
        (3) from its income and receipts or other assets generally, or a designated part or parts of them.
   (b) Bonds shall be authorized by resolution of the authority, and be dated and shall mature as the resolution may provide, except that a bond may not mature more than 40 years from the date of its issue. Bonds shall bear interest at the rate or rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption which the resolution or a subsequent resolution may provide.
   (c) All bonds, regardless of form or character, shall be negotiable instruments for all the purposes of AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
   (d) All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times which the authority may determine.
   (e) Before issuing bonds, the authority shall provide for consideration at least sufficient, in the judgment of the authority, to pay the principal of and interest on the bonds as they become due and to create and maintain the reserves for the payments that the authority considers necessary or desirable, and to meet all obligations in connection with the lease or agreement and all costs necessary to service the bonds, unless the lease or agreement provides that the obligations are to be met or costs are to be paid by a party other than the authority. If the bonds are being issued to finance a project or projects under AS 44.88.155 - 44.88.159, then the consideration shall be provided by lease or other agreement regarding the project or projects. If the bonds are being issued to finance a development project or development projects under AS 44.88.172 - 44.88.177, then the consideration shall be provided by lease or other agreement regarding the development project or development projects.
   (f) The superior court shall have jurisdiction to hear and determine suits, actions, or proceedings relating to the authority, including suits, actions, or proceedings brought to foreclose or otherwise enforce a mortgage, pledge, assignment, or security interest or brought by or for the benefit or security of a holder of its bonds or by a trustee for or other representative of the holders.
   (g)   [Repealed, Sec. 23 ch 123 SLA 1990]. 
   (h) The authority may combine, for the purposes of a single offering, bonds financing more than one project or development project under AS 44.88.155 - 44.88.159 or 44.88.172 - 44.88.177.
   (i)   [Repealed, Sec. 23 ch 123 SLA 1990]. 

Authorities

44.88.080;44.88.095;44.88.680;44.88.830

Notes

Implemented As

3 AAC 99.100
3 AAC 99.110
3 AAC 99.115
3 AAC 99.120
3 AAC 99.130
3 AAC 99.135
3 AAC 99.140
3 AAC 99.160
3 AAC 99.200
3 AAC 99.540
3 AAC 99.550

References

AS 44.88.080 Powers of the authority.
AS 44.88.095 Bonding limitations.
AS 44.88.680 Qualified energy development; powers and duties of the authority.
AS 44.88.830 Qualified infrastructure development; powers and duties of the authority.

History

(Sec. 1 ch 64 SLA 1967; am Sec. 60, 61 ch 106 SLA 1980; am Sec. 35 ch 115 SLA 1981; am Sec. 13 - 16 ch 42 SLA 1987; am Sec. 1 ch 162 SLA 1988; am Sec. 7, 23 ch 123 SLA 1990; am Sec. 1, 2 ch 109 SLA 1998)