116-41.5. Contents of resolution authorizing issuance; powers liberally construed; deposit and use of revenues; rights and remedies of bondholders; service charges; insurance of projects; depositaries.
The Board in the resolution authorizing the issuance of bonds under this Part may provide for a pledge to the payment of such revenue bonds and the interest thereon of the revenue derived from the project and also for a pledge of the revenues derived from any system, facility, plant, works, instrumentalities or properties improved, bettered, or extended by the project or otherwise within the jurisdiction of or operated by the University in connection with the University of North Carolina at Chapel Hill, North Carolina, the revenues derived from any future improvements, betterments or extensions of the project, the revenues derived from the University Enterprises, or any part thereof, or the revenues from the project and any or all of the revenues mentioned in this sentence, without regard to whether the operations involved are deemed governmental or proprietary, it being the purpose hereof to vest in the Board broad powers which shall be liberally construed. So long as any revenues of the University mentioned in this paragraph are pledged for the payment of the principal of or interest on any bonds issued hereunder, such revenues shall be deposited in a special fund and shall be applied and used only as provided in the resolution authorizing such bonds, subject, however, to any prior pledge or encumbrance thereof.
The resolution authorizing the issuance of the bonds may contain provisions for protecting and enforcing the rights and remedies of the holders of the bonds, including covenants setting forth the duties of the University in relation to the construction of any project to be financed with the proceeds of said bonds, and to the maintenance, repair, operation and insurance of such project or any other project, systems, facilities, plants, works, instrumentalities, properties, the University Enterprises or any part thereof, if the revenues thereof are in any way pledged as security for the bonds; the fixing and revising of service charges and the collection thereof; and the custody, safeguarding and application of all moneys of the University pertaining to the project and the bonds, and all revenues pledged therefor. Notwithstanding the provisions of any other law, the Board may carry insurance on any such project in such amounts and covering such risks as it may deem advisable. It shall be lawful for any bank or trust company incorporated under the laws of the State of North Carolina which may act as depositary of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Board. Such resolution may set forth the rights and remedies of the bondholders and may restrict the individual right of action by bondholders. Such resolution may contain such other provisions in addition to the foregoing as the Board may deem reasonable and proper for the security of the bondholders.
The Board may provide for the payment of the proceeds of the bonds and any revenues pledged therefor to such officer, board or depositary as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution may be treated as a part of the cost of operation. (1961, c. 1078, s. 5; 1971, c. 1244, s. 15.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 116 - Higher Education
Article 1 - The University of North Carolina.
§ 116-3 - Incorporation and corporate powers.
§ 116-3.3 - Mediation matters.
§ 116-4 - Constituent institutions of the University of North Carolina.
§ 116-5 - Initial membership of Board of Governors.
§ 116-6 - Election and terms of members of Board of Governors.
§ 116-6.1 - Student member of the Board of Governors.
§ 116-7 - General provisions concerning members of the Board of Governors.
§ 116-8 - Chairman, vice-chairman and secretary.
§ 116-9 - Meetings of Board of Governors.
§ 116-11 - Powers and duties generally.
§ 116-11.1 - Transferred to G.S116-37 by Session Laws 1971, c1244, s6.
§ 116-11.2 - Duties regarding programs in education administration.
§ 116-11.3 - UNC admissions policy for early college graduates.
§ 116-12 - Property and obligations.
§ 116-13 - Powers of Board regarding property and services subject to general law.
§ 116-13.1 - Capital facilities; reports.
§ 116-13.2 - Report on University Fiscal Liabilities.
§ 116-14 - President and staff.
§ 116-15 - Licensing of certain nonpublic post-secondary educational institutions.
§ 116-17.1 - Dependent care assistance program.
§ 116-17.2 - Flexible Compensation Plan.
§ 116-18 - Information Center established.
§ 116-22.1 through 116-25 - Transferred to §§ 116A-3 to 116A-7 by Session Laws 1971, c1135, s2.
§ 116-26 - Transferred to § 116-43 by Session Laws 1971, c1244, s17.
§ 116-29.1 - University Cancer Research Fund[Effective July 1, 2022]
§ 116-30 - Transferred to § 116-40 by Session Laws 1971, c1244, s9.
§ 116-30.1 - Special responsibility constituent institutions.
§ 116-30.2 - Appropriations to special responsibility constituent institutions.
§ 116-30.3A - Availability of excess receipts.
§ 116-30.3B - Energy conservation savings.
§ 116-30.4 - Position management.
§ 116-30.5 - Impact on education.
§ 116-30.8 - Special responsibility constituent institutionsannual audit by State Auditor.
§ 116-30.20 - Establishment of private, nonprofit corporations.
§ 116-31 - Membership of the boards of trustees.
§ 116-31.10 - Powers of Board regarding certain purchasing contracts.
§ 116-31.12 - Acquisition and disposition of real property by lease.
§ 116-32 - Officers and meetings of the boards of trustees.
§ 116-33 - Powers and duties of the boards of trustees.
§ 116-33.1 - Board of trustees to permit recruiter access.
§ 116-33.2 - Cooperative Extension Service employees.
§ 116-34 - Duties of chancellor of institution.
§ 116-35 - Electric power plants, campus school, etc.
§ 116-36.1 - Regulation of institutional trust funds.
§ 116-36.2 - Regulation of special funds of individual institutions.
§ 116-36.4 - Vending facilities.
§ 116-36.6 - East Carolina University School of Medicine; Medicare receipts.
§ 116-36.7 - Wake Forest Institute for Regenerative Medicine; profit sharing with State.
§ 116-37 - University of North Carolina Health Care System.
§ 116-37.1 - Center for public media.
§ 116-37.2 - Regulation of University of North Carolina Hospitals at Chapel Hill Funds.
§ 116-38 - Child development research and demonstration center.
§ 116-39 - Agricultural research stations.
§ 116-40 - Board to accept gifts and congressional donations.
§ 116-40.5 - Campus law enforcement agencies.
§ 116-40.6 - Certain Personnel of East Carolina University.
§ 116-40.7 - Internal auditors.
§ 116-40.11 - Disciplinary proceedings; right to counsel for students and organizations.
§ 116-40.12 - Student organizations; rights and recognition.
§ 116-40.13 - Authorization to secure liability insurance for alcohol sales.
§ 116-40.20 - Legislative findings.
§ 116-40.21 - Board of governors may authorize management flexibility.
§ 116-40.22 - Management flexibility.
§ 116-40.23 - Reporting requirement; effective date of reported policies, procedures, and rules.
§ 116-41.2 - Powers of Board of Governors generally.
§ 116-41.3 - University authorized to pay service charges; payments deemed revenues.
§ 116-41.6 - Pledge of revenues; lien.
§ 116-41.7 - Proceeds of bonds, revenues, etc., deemed trust funds.
§ 116-41.8 - Rights and remedies of bondholders.
§ 116-41.9 - Refunding revenue bonds.
§ 116-41.10 - Exemption from taxation.
§ 116-41.11 - Executive committee may be authorized to exercise powers and functions of Board.
§ 116-41.13 - Distinguished Professors Endowment Trust Fund; purpose.
§ 116-41.13A - Distinguished Professors Endowment Trust Fund; definitions.
§ 116-41.14 - Distinguished Professors Endowment Trust Fund; establishment; maintenance.
§ 116-41.15 - Distinguished Professors Endowment Trust Fund; allocation; administration.
§ 116-41.16 - Distinguished Professors Endowment Trust Fund; contribution commitments.
§ 116-41.17 - Distinguished Professors Endowment Trust Fund; establishment of chairs.
§ 116-41.18 - Distinguished Professors Endowment Trust Fund; selection of Distinguished Professors.
§ 116-41.19 - Distinguished Professors Endowment Trust Fund; promulgation of rules.
§ 116-41.30 - Establishment of Future Teachers of North Carolina.
§ 116-41.31 - Oversight of Future Teachers of North Carolina.
§ 116-43 - Escheat receipts prior to July 1, 1971.
§ 116-43.1 - Institute for Transportation Research and Education.
§ 116-43.10 - Academic Common Market program.
§ 116-43.16 - Small business counseling information.
§ 116-43.17 - Confidentiality of research data, records, and information of a proprietary nature.
§ 116-43.20 - Operation of 4-H camps.
§ 116-43.30 - Advanced Placement courses for secondary school students.
§ 116-44.1 - Transferred to § 116-42 by Session Laws 1971, c1244, s11.
§ 116-44.2 - Transferred to § 116-38 by Session Laws 1971, c1244, s7.
§ 116-44.4 - Regulation of traffic and parking and registration of motor vehicles.