LD 982
pg. 11
Page 10 of 22 An Act To Revise the Charter of the Kennebunk Sewer District Page 12 of 22
Download Bill Text
LR 818
Item 1

 
agreement may pledge or assign, in whole or in part, the revenues
and other money held or to be received by the district and any
account and contract or other rights to receive the same, whether
then existing or coming into existence and whether then held or
acquired by the district, and the proceeds from the bonds, but the
resolution or trust agreement may not convey or mortgage the sewer
system or any other properties of the district. The resolution may
also contain provisions for protecting and enforcing the rights and
remedies of the bondholders that are reasonable and proper and not
in violation of law, including, but not limited to, covenants
setting forth the duties of the district and the board of trustees
in relation to the acquisition, construction, reconstruction,
improvement, repair, maintenance, operation and assurance of its
sewer system or any of its other properties; the fixing and
revising of rates, fees and charges; the application of the
proceeds of bonds; the custody, safeguarding and application of
revenues; the defining of defaults and providing for remedies in
the event of defaults, which may include the acceleration of
maturities; the establishment of reserves; and the making and
amending of contracts. The resolution or trust agreement may set
forth the rights and remedies of the bondholders and of the
corporate trustee, if any, and may restrict the individual right of
action by bondholders as is customary in trust agreements or trust
indentures securing bonds or debentures of corporations. In
addition, the resolution or trust agreement may contain such other
provisions as the board of trustees determines reasonable and
proper for the security of the bondholders. All expenses incurred
in carrying out the resolution or trust agreement may be treated as
a part of the cost of operation. The pledge by any resolution or
trust agreement is valid and binding and is deemed continuously
perfected for the purposes of the Uniform Commercial Code from the
time when the pledge is made. All revenues, money, rights and
proceeds so pledged and received by the district are immediately
subject to the lien of the pledge without any physical delivery or
segregation of the pledge or further action under the Uniform
Commercial Code or otherwise. The lien of the pledge is valid and
binding against all parties having claims of any kind in tort,
contract or otherwise against the district irrespective of whether
those parties have notice of the lien of the pledge.

 
The resolution authorizing the issuance of bonds under this Act,
or any trust agreement securing those bonds, may provide that all
or a sufficient amount of revenues, after providing for the
payment of the cost of repair, maintenance and operation and
reserves for the payment as may be provided in the resolution or
trust agreement, is set aside at such regular intervals as may be
provided in the resolution or trust agreement and deposited in


Page 10 of 22 Top of Page Page 12 of 22