Title 12174 · Code of Ordinances
Section 11. - Remedies of the Bondholders.
Citation: Jacksonville, FL Code of Ordinances: Section 11. - Remedies of the Bondholders.
Section: CHRELA_PTBRELA_ART6JAVOEDAU_S11REBO
(1) The rights and the remedies herein conferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds, or by any lease-purchase agreement, deed of trust, indenture or other agreement under which the bonds may be issued or secured. In the event that the authority shall default in the payment of the principal of or interest on any of the bonds issued pursuant to the provisions of this chapter after such principal or of interest on said bonds shall have become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this chapter or any agreement made with, or for the benefit of, the holders of the bonds, the holders of twenty-five per cent in aggregate principal amount of the bonds then outstanding shall be entitled as of right to the appointment of a trustee to represent such bondholders for the purposes hereof; provided, however, that such holders of twenty-five percent in aggregate principal amounts of the bonds then outstanding shall have first given notice of their intention to appoint a trustee, to the authority. Such notice shall be deemed to have been given in writing, and deposited in a securely sealed postpaid wrapper, mailed at a regularly maintained United States post office box or station and addressed, respectively, to the chairman of the authority at the principal office of the authority. (2) Such trustee, and any trustee under any deed of trust, indenture or other agreement, may, and upon written request of the holders of twenty-five per cent (or such other percentages as may be specified in any deed or trust, indenture or other agreement aforesaid) in principal amount of the bonds then outstanding, shall, in any court of competent jurisdiction, in his or its own name: (a) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders, including the right to require the authority to fix, establish, maintain, collect and charge rates, fees, rentals, and other charges, adequate to carry out any agreement as to, or pledge of, the revenues or receipts of the authority, and to require the authority to carry out any other covenants and agreements with or for the benefit of the bondholders and to perform its and their duties under this chapter. (b) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders under or pursuant to any agreement between the authority and any other persons, including the right to require such other persons to make any payments called for between the authority and such other persons under such agreements and to require such other persons to carry out any of the covenants and agreements with or for the benefits of the bondholders and to perform their duties under this chapter. (c) Bring suit upon the bonds. (d) By action or suit in equity require the authority to account as if it were the trustee of an express trust for the bondholders. (e) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders. (3) Any trustee when appointed as aforesaid, or acting under a deed of trust, indenture or other agreement, and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver, who may enter upon and take possession of the authority or the facilities of any part or parts thereof, the rates, fees, rentals, or other revenues, charges or receipts from which are, or may be, applicable to the payment of the bonds so in default, and subject to and in compliance with the provisions of any agreements between the authority and other persons to operate and maintain the same, for and on behalf of and in the name of, the authority, and the bondholders, and collect and receive all rates, fees, rentals, and other charges or receipts or revenues arising therefrom in the same manner as the authority might do, and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action or proceedings by the trustees the fees, counsel fees, and expenses of the trustee, and said receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any rates, fees, rentals, or other charges, revenues or receipts, derived from the authority or the facilities or services or any part or parts thereof, including payments under any agreements as aforesaid which said rates, fees, rentals, or other charges, revenues or receipts shall or may be applicable to the payment of the bonds so in default. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the representation of the bondholder in the enforcement and protection of their rights.