16.132 Security — reserve funds — pledges — nonliability.
1. The authority may provide in the resolution, trust agreement, or other instrument authorizing the issuance of its bonds or notes pursuant to section 16.131 that the principal of, premium, and interest on the bonds or notes are payable from any of the following and may pledge the same to its bonds and notes:
a. The income and receipts or other money derived from the projects financed with the proceeds of the bonds or notes.
b. The income and receipts or other money derived from designated projects whether or not the projects are financed in whole or in part with the proceeds of the bonds or notes.
c. The amounts on deposit in the revolving loan funds.
d. The amounts payable to the authority by eligible entities pursuant to loan agreements with eligible entities.
e. Any other funds or accounts established by the authority in connection with the program or the sale and issuance of its bonds or notes.
2. The authority may establish reserve funds, to secure one or more issues of its bonds or notes. The authority may deposit in a reserve fund established under this subsection the proceeds of the sale of its bonds or notes and other money which is made available from any other source.
3. It is the intention of the general assembly that a pledge made in respect of bonds or notes shall be valid and binding from the time the pledge is made, that the money or property so pledged and received after the pledge by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act, and that the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority whether or not the parties have notice of the lien. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created needs to be recorded or filed under the Iowa uniform commercial code, chapter 554, to be valid, binding, or effective against the parties.
4. Neither the members of the authority nor persons executing the bonds or notes are liable personally on the bonds or notes or are subject to personal liability or accountability by reason of the issuance of the bonds or notes.
5. The bonds or notes issued by the authority are not an indebtedness or other liability of the state or of a political subdivision of the state within the meaning of any constitutional or statutory debt limitations but are special obligations of the authority, and are payable solely from the income and receipts or other funds or property of the authority, and the amounts on deposit in the revolving loan funds, and the amounts payable to the authority under its loan agreements with eligible entities to the extent that the amounts are designated in the resolution, trust agreement, or other instrument of the authority authorizing the issuance of the bonds or notes as being available as security for such bonds or notes. The authority shall not pledge the faith or credit of the state or of a political subdivision of the state to the payment of any bonds or notes. The issuance of any bonds or notes by the authority does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to apply money from, or levy or pledge any form of taxation whatever to the payment of the bonds or notes.
88 Acts, ch 1217, §21
C89, §220.132
C93, §16.132
97 Acts, ch 4, §2 – 4
; 2002 Acts, 2nd Ex, ch 1003, §235, 262
; 2003 Acts, ch 44, §15, 114; 2009 Acts, ch 30, §6, 7; 2014 Acts, ch 1080, §75, 78
Referred to in §16.131A, 16.133
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 16 - IOWA FINANCE AUTHORITY
Section 16.1A - Creation — administration of programs.
Section 16.2 - Authority board of directors.
Section 16.2A - Title guaranty division — board.
Section 16.2B - Agricultural development division — administration of programs.
Section 16.2C - Agricultural development board.
Section 16.2D - Council on homelessness.
Section 16.2E - Legislative findings — general.
Section 16.3 - Legislative findings — housing.
Section 16.3A - Conflicts of interest.
Section 16.4 - Guiding principles — housing — other programs and projects.
Section 16.4A - Legislative findings — agricultural development.
Section 16.4B - Guiding principles — agricultural development.
Section 16.4C - Legislative findings — title guaranty.
Section 16.4D - Legislative findings — economic development.
Section 16.5 - General powers.
Section 16.5C - Specific program powers.
Section 16.5D - Specific powers and duties — agricultural development.
Section 16.6 - Executive director — responsibilities.
Section 16.9 - Nondiscrimination and affirmative action.
Section 16.10 - Surplus moneys — loan and grant fund.
Section 16.11 - Assistance by state officers, agencies, and departments.
Section 16.12 - Property improvement loans and mortgage loans.
Section 16.13 - Conflicts of interest.
Section 16.14 - Iowa homesteading program.
Section 16.15 - Participation in federal housing assistance payments program.
Section 16.18 - Inconsistent provisions.
Section 16.19 - Liberal interpretation.
Section 16.20 - Loans to mortgage lenders.
Section 16.21 - Purchase of mortgage loans.
Section 16.22 - Application of funds from sales of obligations.
Section 16.26 - Bonds and notes.
Section 16.27 - Reserve funds and appropriations.
Section 16.27A - Powers relating to loans.
Section 16.28 - Remedies of bondholders and noteholders.
Section 16.29 - Agreement of the state.
Section 16.30 - Bonds and notes as legal investments.
Section 16.31 - Moneys of the authority.
Section 16.32 - Surplus moneys — loan and grant fund.
Section 16.33 - Assistance by state officers, agencies, and departments.
Section 16.34 - Liberal interpretation.
Section 16.34A - Special definition.
Section 16.35 - State housing credit ceiling allocation.
Section 16.36 - Participation in federal housing assistance payments program.
Section 16.37 - Solar and renewable energy systems loans.
Section 16.38 - Loans to lending institutions.
Section 16.39 - Purchase of mortgage loans.
Section 16.40 - Housing assistance fund.
Section 16.41 - Shelter assistance fund.
Section 16.42 - Inconsistent provisions.
Section 16.43 - Economic distress areas named.
Section 16.44 - Application of funds from sales of obligations.
Section 16.45 - Manufactured housing program fund.
Section 16.46 - Senior living revolving loan program fund.
Section 16.47 - Home and community-based services revolving loan program fund.
Section 16.48 - Transitional housing revolving loan program fund.
Section 16.50 - Workforce housing assistance grant fund.
Section 16.51 - Additional loan program.
Section 16.52 - State housing credit ceiling allocation.
Section 16.53 - Residential reverse annuity mortgage model program.
Section 16.54 - Home ownership assistance program for military members.
Section 16.55 - Home and community-based services rent subsidy program.
Section 16.56 - Jumpstart housing assistance program.
Section 16.57 - Residential treatment facilities.
Section 16.57A - Transfer of unobligated or unencumbered funds — report.
Section 16.57B - Disaster recovery housing assistance program — fund.
Section 16.57C - Eviction prevention program.
Section 16.59 - Special financing — calculations.
Section 16.60 - Combination of programs permitted.
Section 16.61 - Legislative findings — purposes — public policy.
Section 16.64 - Bonds and notes — tax exemption.
Section 16.70 - Loans to lending institutions.
Section 16.71 - Purchase of loans.
Section 16.75 - Beginning farmer loan program.
Section 16.76 - Loans to beginning farmers.
Section 16.78 - Beginning farmer tax credit program — establishment and administration.
Section 16.79 - Beginning farmer tax credit program — eligibility criteria.
Section 16.79A - Agricultural lease agreement.
Section 16.80 - Agricultural assets transfer tax credit — agreement.
Section 16.81 - Beginning farmer tax credit — application.
Section 16.82 - Beginning farmer tax credit — allowance.
Section 16.82A - Beginning farmer tax credit awards — amount and availability.
Section 16.83 - Additional loan program.
Section 16.84 - Financial assistance for agricultural producers.
Section 16.91 - Iowa title guaranty program.
Section 16.92 - Real estate transfer — mortgage release certificate.
Section 16.93 - Closing protection letters.
Section 16.100 - Housing improvement fund program.
Section 16.100A - Council on homelessness.
Section 16.101 - Legislative findings.
Section 16.102 - Establishment of economic development program — bonds and notes — projects.
Section 16.103 - Iowa economic development program — specific powers.
Section 16.104 - Loan agreements.
Section 16.105 - Security for bonds — reserve funds — validity of pledge — nonliability.
Section 16.106 - Adoption of rules.
Section 16.107 - Infrastructure loan program.
Section 16.131A - Definitions.
Section 16.132 - Security — reserve funds — pledges — nonliability.
Section 16.133 - Adoption of rules.
Section 16.133A - Funds and accounts — program funds and accounts not part of state general fund.
Section 16.134 - Wastewater and drinking water treatment financial assistance program.
Section 16.134A - Water quality financial assistance fund — appropriation.
Section 16.135 - Wastewater viability assessment.
Section 16.141 - Unsewered community revolving loan program — fund.
Section 16.152 - Water quality financing program.
Section 16.153 - Water quality financing program fund — other funds — trust agreement.
Section 16.154 - Eligible entities — agreements required.
Section 16.155 - Residential treatment facilities.
Section 16.161 - Authority to issue 911 program bonds and notes.
Section 16.162 - Authority to issue community college dormitory bonds and notes.
Section 16.171 - Recovery zone bonds — reporting — reallocation.
Section 16.177 - Prison infrastructure revenue bonds.
Section 16.181 - Housing trust fund.
Section 16.181A - Housing trust fund — appropriations.
Section 16.182 - Senior living revolving loan program fund.
Section 16.183 - Home and community-based services revolving loan program fund.
Section 16.184 - Transitional housing revolving loan program fund.
Section 16.186 - Disaster damage housing assistance grant fund.
Section 16.187 - Affordable housing assistance grant fund.
Section 16.188 - Workforce housing assistance grant fund.
Section 16.191 - Iowa jobs board.
Section 16.192 - Board duties and powers.
Section 16.193 - Iowa finance authority duties — appropriation.
Section 16.194 - Iowa jobs program.
Section 16.194A - Iowa jobs II program — disaster prevention.
Section 16.195 - Iowa jobs and Iowa jobs II program application review.
Section 16.196 - Iowa jobs program projects — appropriations.
Section 16.197 - Limitation of liability.
Section 16.201 - Jumpstart housing assistance program.
Section 16.211 - Disaster recovery housing project tax credit.
Section 16.212 - Approval — requirements — repayment.
Section 16.221 - Agricultural development division — administration of programs.