In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of the bonds or obligations, an authority, in addition to the authority’s other powers, has power:

Terms Used In North Dakota Code 23-11-24

  • Contract: A legal written agreement that becomes binding when signed.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Trustee: A person or institution holding and administering property in trust.
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

1.    To pledge all or any part of the authority’s gross or net rents, fees, or revenues to which the authority’s right then exists or thereafter may come into existence.

2.    To mortgage all or any part of the authority’s property then owned or thereafter acquired.

     3.    To covenant against pledging all or any part of the authority’s rents, fees, and revenues, or against mortgaging all or any part of the authority’s property, to which the authority’s right or title then exists or thereafter may come into existence, or against permitting or suffering any lien on any revenues or property.

4.    To covenant with respect to limitations on the authority’s right to sell, lease, or otherwise dispose of any housing projects or any part of a housing project.

5.    To covenant as to what other or additional debts or obligations may be incurred by the authority.

6.    To covenant as to the bonds to be issued and as to the issuance of bonds in escrow or otherwise and as to the use and disposition of the proceeds of the bonds.

7.    To provide for the replacement of lost, destroyed, or mutilated bonds.

8.    To covenant against extending the time for the payment of the authority’s bonds or interest on the bonds.

9.    To redeem the bonds, to covenant for the bonds’ redemption, and to provide the terms and conditions of redemption.

10.    To covenant, subject to the limitations contained in this chapter, as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made of the same.

11.    To create, or to authorize the creation of, special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in these funds.

12.    To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent, and the manner in which consent may be given.

13.    To covenant as to the use of any or all of the authority’s property.

14.    To covenant as to the maintenance of the authority’s property, the replacement of property, the insurance to be carried on property, and the use and disposition of insurance moneys.

15.    To covenant as to the rights, liabilities, powers, and duties arising upon the breach by the authority of any covenant, condition, or obligation.

16.    To covenant and prescribe as to events of default and terms and conditions upon which any or all of the authority’s bonds or obligations shall become, or may be declared, due before maturity, and as to the terms and conditions upon which the declaration and the declaration’s consequences may be waived.

17.    To vest in a trustee or trustees or in the holders of bonds, or any proportion of trustees or holders, the right to enforce the payment of the bonds or any covenants securing or relating to the bonds.

18.    To vest in a trustee or trustees the right, in the event of a default by the authority, to take possession and to use, operate, and manage any housing project or part of the housing project, to collect the rents and revenues arising from the housing project, and to dispose of these moneys in accordance with the agreement of the authority with the trustee.

19.    To provide for the powers and duties of a trustee or trustees and to limit the liabilities of the trustee.

20.    To provide the terms and conditions upon which the trustee or trustees or the holders of bonds, or any proportion of trustees or holders, may enforce any covenant or rights securing or relating to the bonds.

21.    To exercise all or any part or combination of the powers granted in this section.

22.    To make covenants in addition to the covenants expressly authorized of like or different character.

23.    To make covenants and to do any acts and things as may be necessary, convenient, or desirable in order to secure the authority’s bonds, or, in the absolute discretion of the authority, as will tend to make the bonds more marketable notwithstanding that the covenants, acts, or things are not enumerated, including:

    a.    To the payment of the principal of and interest on bond obligations, when due, there may be pledged as a first charge and lien the gross revenues of the housing project financed in whole or in part by the obligations, and the governing city or county may covenant to provide additional funds for the benefit of that housing project to the extent that the gross revenues in excess of those debt service requirements are not also sufficient from time to time to pay the reasonable operating and maintenance expenses of that housing project.

b.    The governing body of an authority may pledge the general obligation of the city or county for which the authority was created as additional security for bonds provided that the authority finds that the pledged revenues will equal or exceed one hundred ten percent of the principal and interest due on the bonds for each year, the maturity of the bonds does not exceed thirty-five years, and the principal amount of the issue and the general obligation pledge are approved by the governing body of the city or county in which the housing project is located and whose general obligation is pledged. A public hearing must be held on issuance of the obligations and the pledge of the general obligation by the city or county in which the housing project is located. The hearing must be held at least fifteen days, but not more than one hundred twenty days, before the sale of the obligations.