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. |