In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, may:
(1) Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence;
(2) Mortgage all or any part of its real or personal property then owned or thereafter acquired;
(3) Covenant against pledging all or any part of its rents, fees and revenues or against mortgaging all or any part of its real or personal property to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property;
(4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof;
(5) Covenant as to what other or additional debts or obligations may be incurred by it;
(6) Covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof;
(7) Provide for the replacement of lost, destroyed or mutilated bonds;
(8) Covenant against extending the time for the payment of its bonds or interest thereon;
(9) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof;
(10) Covenant, subject to the limitations contained in this chapter and Chapter 11, as to the rents and fees to be charged in the operation of a housing project and the amount to be raised each year or other period of time by rents, fees and other revenues and as to the use and disposition to be made thereof;
(11) Create or authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves or other purposes and covenant as to the use and disposition of the moneys held in such funds;
(12) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(13) Covenant as to the use and maintenance of any or all of its real or personal property the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys;
(14) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(15) Vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and vest in a trustee or trustees the right, in the event of a default by the authority, to take possession and use, operate and manage any housing project or part thereof and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with the trustee;
(16) Provide for the powers and duties of a trustee or trustees and limit the liabilities thereof and provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds; and
(17) Exercise all or any part or combination of the powers herein granted, make covenants other than and in addition to the covenants herein expressly authorized, of like or different character and make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein.
HISTORY: 1962 Code Section 36-158; 1952 Code Section 36-158; 1942 Code Section 5271-47; 1937 (40) 431.
Structure South Carolina Code of Laws
Title 31 - Housing and Redevelopment
Chapter 3 - Housing Authorities Law
Section 31-3-30. Declaration of public interest.
Section 31-3-40. Cooperation of two or more housing authorities.
Section 31-3-310. Cities empowered to create housing authorities.
Section 31-3-320. Resolution of council required for creation of authority.
Section 31-3-330. Resolution conclusive as to establishment; certificate as evidence thereof.
Section 31-3-340. Commissioners.
Section 31-3-350. Compensation of commissioners.
Section 31-3-370. Removal of commissioners.
Section 31-3-380. Organization; quorum; officers and employees.
Section 31-3-390. Territorial jurisdiction.
Section 31-3-400. Extraterritorial powers.
Section 31-3-410. Public hearing and findings prerequisite to exercise of extraterritorial powers.
Section 31-3-430. Powers of authority vested in commissioners.
Section 31-3-440. General corporate powers.
Section 31-3-450. Specific powers with respect to projects, planning, and the like.
Section 31-3-460. Acquisitions by purchase or eminent domain.
Section 31-3-500. Disposition of surplus real property.
Section 31-3-510. Studies and investigations; dissemination of information.
Section 31-3-520. Power of examination; subpoenaing witnesses and production of books and records.
Section 31-3-530. Management and operation of housing projects; profits unlawful.
Section 31-3-540. Rental and tenant selections.
Section 31-3-545. Procedures for payment of rent.
Section 31-3-550. Foreclosure frees projects from restrictions.
Section 31-3-560. Protection of deposits.
Section 31-3-570. Tax exemption; payments in lieu of taxes.
Section 31-3-580. Projects subject to planning, zoning and other laws.
Section 31-3-590. Provisions affecting other public bodies not applicable.
Section 31-3-600. Books and records.
Section 31-3-710. Counties empowered to create housing authorities.
Section 31-3-720. Resolution of legislative delegation required for creation of authority.
Section 31-3-730. Functions, rights, powers, duties, and liabilities of authorities.
Section 31-3-740. Delegation and Senator authorized to perform functions of council and mayor.
Section 31-3-750. Territorial jurisdiction.
Section 31-3-760. Territorial jurisdiction of authority may include city.
Section 31-3-770. Creation of authority in excluded county.
Section 31-3-910. Creation of regional housing authorities.
Section 31-3-930. Findings prerequisite to creation of regional housing authority.
Section 31-3-940. Resolutions conclusive as to establishment; certificate as evidence thereof.
Section 31-3-960. Appointment of commissioners.
Section 31-3-970. Qualifications of commissioners.
Section 31-3-980. Terms of office of commissioners.
Section 31-3-990. Removal of commissioners.
Section 31-3-1000. Quorum; right to hold and location of meetings.
Section 31-3-1010. Area of operation.
Section 31-3-1020. Increase of area of operation.
Section 31-3-1040. Findings prerequisite to increase of area of operation.
Section 31-3-1060. Decrease of area of operation.
Section 31-3-1080. Findings prerequisite to decrease of area of operation.
Section 31-3-1120. Effect when area of operation is decreased to one county.
Section 31-3-1130. Disposition of property in excluded county.
Section 31-3-1140. Hearings prerequisite to creation or change of regional housing authority.
Section 31-3-1150. Functions, rights, powers, and duties of regional housing authority.
Section 31-3-1160. Books, records, and accounts open to inspection; reports.
Section 31-3-1310. Construction of terms in provisions relating to regional housing authorities.
Section 31-3-1320. Creation of consolidated housing authority.
Section 31-3-1330. Prerequisite to creation.
Section 31-3-1340. Applicability of provisions governing regional housing authorities.
Section 31-3-1350. Area of operation.
Section 31-3-1360. Functions, rights, powers, and the like of authority.
Section 31-3-1510. Loans or grants from Federal agencies.
Section 31-3-1520. Provisions in contracts with United States.
Section 31-3-1530. Agreement limiting powers in connection with governmental loans or grants.
Section 31-3-1540. Minimum wages and maximum hours.
Section 31-3-1550. Agreements for supervision and control of project by State or Federal Government.
Section 31-3-1560. Issuance of bonds; security therefor.
Section 31-3-1570. Terms of bonds; negotiability.
Section 31-3-1580. Provisions of bonds, trust indentures, and mortgages.
Section 31-3-1590. Covenant as to extent of area of operation.
Section 31-3-1600. Effect of recital in bond of purpose of issuance.
Section 31-3-1610. Tax exemption of bonds, notes, etc.
Section 31-3-1620. Sale of bonds.
Section 31-3-1630. Bonds or other obligations as investments.
Section 31-3-1650. Personal liability on bonds; bonds shall not constitute "indebtedness".
Section 31-3-1660. Remedies of obligee of housing authority.
Section 31-3-1670. Additional remedies conferrable on obligee.
Section 31-3-1680. Debt insurance.
Section 31-3-1690. Relationship with State Fiscal Accountability Authority.