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22-3-1216. Authorizing resolution as enforceable contract — Covenants.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-3-1216. Authorizing resolution as enforceable contract — Covenants.
Any authorizing resolution shall, together with this subchapter, constitute a contract between the Building Authority Division, and the State Board of Finance, and the Treasurer of State, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with its terms and provisions, and the covenants, agreements, and obligations of the division may be enforced by mandamus or other appropriate proceeding at law or in equity. In this regard, the division is expressly authorized to include in any authorizing resolution all or part of the following covenants:
(1) That, to the fullest extent possible, the division will continuously operate any and all facilities constructed pursuant to the authority of this subchapter as revenue-producing undertakings, including the maintenance, occupancy, and use of facilities and space so as to avoid any impairment of the security for the certificates of indebtedness; and
(2) That, to the fullest extent possible, the division will always charge, impose, and collect sufficient revenues, including, without limitation, rentals to meet as due all debt service requirements, and otherwise comply with any provisions of authorizing resolutions concerning revenues and funds.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-3-1216
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:22-3-1216
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9e3d047fc7bbad0b36afd028b7b6ffe983878e23e301eed8fd7b03568eb048e6
Source location: content.xml paragraph 2337
Stored source content
22-3-1216. Authorizing resolution as enforceable contract — Covenants.
Any authorizing resolution shall, together with this subchapter, constitute a contract between the Building Authority Division, and the State Board of Finance, and the Treasurer of State, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with its terms and provisions, and the covenants, agreements, and obligations of the division may be enforced by mandamus or other appropriate proceeding at law or in equity. In this regard, the division is expressly authorized to include in any authorizing resolution all or part of the following covenants:
(1) That, to the fullest extent possible, the division will continuously operate any and all facilities constructed pursuant to the authority of this subchapter as revenue-producing undertakings, including the maintenance, occupancy, and use of facilities and space so as to avoid any impairment of the security for the certificates of indebtedness; and
(2) That, to the fullest extent possible, the division will always charge, impose, and collect sufficient revenues, including, without limitation, rentals to meet as due all debt service requirements, and otherwise comply with any provisions of authorizing resolutions concerning revenues and funds.
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