Kentucky Statutes 198A.090 – Corporate authorization and operation of revenue bond financing — Approval of General Assembly required for certain bond or note issuances
Current as of: 2024 | Check for updates
|
Other versions
(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(10) and (11); 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: March 15, 2011
History: Amended 2011 Ky. Acts ch. 23, sec. 4, effective March 15, 2011. — 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.
(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.
Terms Used In Kentucky Statutes 198A.090
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commonwealth: means the Commonwealth of Kentucky. See Kentucky Statutes 198A.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Kentucky Housing Corporation created by this chapter. See Kentucky Statutes 198A.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- notes: means the bonds or bond anticipation notes authorized to be issued by the corporation under this chapter but shall not include any fund notes. See Kentucky Statutes 198A.010
- Obligations: means any bonds, bond anticipation notes, or fund notes authorized to be issued by the corporation under the provisions of this chapter. See Kentucky Statutes 198A.010
- Trustee: A person or institution holding and administering property in trust.
(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(10) and (11); 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: March 15, 2011
History: Amended 2011 Ky. Acts ch. 23, sec. 4, effective March 15, 2011. — 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.