North Dakota Code § 40-35-13

Covenants that may be inserted in ordinance or resolution authorizing
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bonds.
Any ordinance or resolution authorizing the issuance of bonds under this chapter to finance, 
in whole or in part, the acquisition, construction, reconstruction, improvement, betterment, or 
extension of an undertaking may contain covenants, notwithstanding that such covenants may 
limit the exercise of powers conferred by this chapter, as to:
1. The rates, fees, tolls, or charges to be charged for the services, facilities, and 
commodities of said undertaking.
2. The use and disposition of the revenues of said undertaking.
3. The creation and maintenance of reserves or sinking funds and the regulation, use, 
and disposition thereof.
4. The purpose or purposes to which the proceeds of the sale of said bonds may be 
applied and the use and disposition of such proceeds.
5. The events of default and the rights and liabilities arising thereon and the terms and 
conditions upon which the holders of bonds issued under this chapter may bring any 
suit or action on said bonds or on the coupons thereof.
6. The payment by the municipality to the account of said undertaking of a fair and 
reasonable amount for the services, facilities, or commodities furnished said 
municipality or any of its departments by said undertaking.
7. The issuance of other or additional bonds or instruments payable from or constituting a 
charge against the revenue of such undertaking.
8. The insurance to be carried upon the undertaking and the use and disposition of 
insurance moneys.
9. The keeping of books of account and the inspection and audit thereof.
10. The terms and conditions upon which any or all of the bonds shall become or may be 
declared due before maturity and the terms and conditions upon which such 
declaration and its consequences may be waived.
11. The rights, liabilities, powers, and duties arising upon the breach by the municipality of 
any covenants, conditions, or obligations.
12. The vesting in a trustee or trustees of the right to enforce any covenants made to 
secure, to pay, or in relation to, the bonds, the powers and duties of such trustee or 
trustees, and the limitation of liabilities thereof.
13. The terms and conditions upon which the holders of the bonds, or the holders of any 
proportion or percentage of them, may enforce any covenants made under this 
chapter or any duties imposed thereby.
14. A procedure by which the terms of any ordinance or resolution authorizing bonds or of 
any other contract with bondholders, including, but not limited to, an indenture of trust 
or similar instrument, may be amended or abrogated, and the amount of bonds the 
holders of which must consent thereto, and the manner in which such consent may be 
given.

15. The subordination of the security of any bonds issued hereunder and the payment of 
principal and interest thereon, to the extent deemed feasible and desirable by the 
governing body, to other bonds or obligations of the municipality issued to finance the 
undertaking or that may be outstanding when the bonds thus subordinated are issued 
and delivered.
Nothing in this section or in any other section of this chapter, however, shall authorize any 
municipality to do anything in any manner or for any purpose which would result in the creation 
or incurring of a debt or indebtedness or the issuance of any instrument, which would constitute 
a bond or debt within the meaning of any provision, limitation, or restriction of the Constitution of 
North Dakota relating to the creation or incurring of a debt or indebtedness or the issuance of an 
instrument constituting a bond or a debt.

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