Code of Alabama - Title 16: Education - Section 16-60-111.11 - Additional powers of board

Section 16-60-111.11 - Additional powers of board.

(a) The board may exercise all of the following powers:

(1) To borrow money from the United States of America or any department or agency thereof, or from any person, firm, corporation, or other lending agency for the purchase, construction, enlargement, or alteration of any buildings or other improvements, including dormitories, dining halls, classrooms, laboratories, libraries, stadiums, administration buildings, and any other buildings and appurtenances thereto suitable for use by the institution or institutions with respect to which the borrowing is made, or for the benefit of the Alabama Community College System or one or more of its programs, the acquisition of furniture and equipment for any thereof, the purchase of land, the beautification of grounds, and the construction of swimming pools, tennis courts, athletic fields, and other facilities for physical education, all for use by such institution or institutions, and for the acquisition, installation, and implementation of technology systems and improvements, including hardware and operating software, for the use by or benefit of one or more such institutions or the Alabama Community College System.

(2) To sell and issue interest-bearing securities, whether in the form of bonds, notes, or other securities, in evidence of the monies so borrowed.

(3) To pledge to the payment of the principal of and interest on such securities the fees from students levied and to be levied by or for an institution or institutions, the revenues from any facility or facilities, and any other monies and revenues not appropriated by the state to such institution or institutions.

(4) To establish parietal rules respecting the use or occupancy of any facilities the revenues of which are pledged to such securities.

(5) To agree to maintain the charges for the use or occupancy of, for services rendered by or from, and for admission to, any facilities the revenues of which are so pledged, and the fees from students so pledged, at such rates and in such amounts as shall produce monies sufficient to pay at their respective maturities the principal of and interest on the securities with respect to which such pledges and agreements are made and to create and maintain any required reserves therefor.

(6) To agree to insure, maintain, repair, and replace any such facilities, systems, and improvements with respect to which any such pledge is made.

(7) To make such other agreements with respect to the facilities, systems, and improvements and such securities as the governing body providing for the issuance thereof shall deem necessary or desirable.

(b) The securities issued under this section may from time to time be refunded by the issuance, by sale or exchange, of refunding bonds, notes, or other securities payable from the same or different sources for the purpose of paying all or any part of the principal of the securities to be refunded, any redemption premium required to be paid as a condition to the redemption prior to maturity of any such securities that are to be so redeemed in connection with such refunding, any accrued and unpaid interest on the securities to be refunded, any interest to accrue on each security to be refunded to the date on which it is to be paid, whether at maturity or by redemption prior to maturity, and the expenses incurred in connection with such refunding. Unless duly called for redemption pursuant to their provisions, the holders of any such securities then outstanding and proposed to be refunded shall not be compelled without their consent to surrender their outstanding securities for such refunding.

(c) Any such securities may be issued from time to time, may be executed in such manner, shall bear interest at such rate or rates, shall be payable as to both principal and interest, at such time or times, may be made redeemable before maturity at the option of the board at such redemption price or prices and on such terms, and may be sold in such manner and at such price or prices, all as may be provided in the proceedings under which they are issued. The board shall have power to prescribe all details thereof, subject only to this section. Bonds, notes, and other securities issued under this section shall be eligible for the investment of trust or other fiduciary funds in the exercise of prudent judgment by those making such investment. Neither the securities issued under, nor any pledge or agreement that may be made pursuant to, this section shall be or constitute an obligation of any nature whatsoever of the state, and neither the securities nor any obligation arising from any such pledge or agreement shall be payable out of any monies appropriated by the state to the Alabama Community College System or to the institution or institutions with respect to which such securities are issued or such pledge or agreement is made.

(Act 2015-125, §5.)

Last modified: May 3, 2021