Montana Code Annotated 2023

TITLE 90. PLANNING, RESEARCH, AND DEVELOPMENT

CHAPTER 4. ENERGY DEVELOPMENT AND CONSERVATION

Part 12. Montana Clean Renewable Energy Bond Act

Covenants In Resolution Of Authorizing Issuance Of Bonds

90-4-1210. Covenants in resolution of authorizing issuance of bonds. (1) A resolution authorizing the issuance of bonds under this part or a contract entered into under this part may contain covenants as to:

(a) the purpose or purposes to which the proceeds of sale of the bonds or amounts payable under the contract may be applied and the disposition of the proceeds or amounts;

(b) the use and disposition of the revenue of the project, including the creation and maintenance of reserves;

(c) the transfer, from the general fund of the governmental body to the account or accounts of the project, of an amount equal to the cost of furnishing the municipality or any of its departments, boards, or agencies with the services, facilities, or commodities of the project;

(d) the issuance of other bonds or the incurrence of other contractual obligations payable from the revenue of the project;

(e) the operation and maintenance of the project;

(f) the insurance to be carried on the project and the use and disposition of insurance proceeds;

(g) books of account and the inspection and audit of the books; and

(h) the terms and conditions upon which the holders or trustees of the bonds or any portion of the bonds or the contracting party are entitled to the appointment of a receiver by the district court having jurisdiction.

(2) If a receiver is appointed, the receiver may:

(a) enter and take possession of the project;

(b) operate and maintain the project;

(c) prescribe rates, fees, or charges, subject to any required approval of the public service commission; and

(d) collect, receive, and apply all revenue arising from the project in the same manner as the governmental body itself might do.

History: En. Sec. 10, Ch. 378, L. 2007.