Sec. 7-370c. Authority to issue refunding bonds for payment, funding or refunding of bonds, notes or other obligations previously issued.
Sec. 7-370c. Authority to issue refunding bonds for payment, funding or refunding of bonds, notes or other obligations previously issued. Any municipality,
as defined in section 7-369, which has issued bonds, notes or other obligations pursuant
to any public or special act may issue refunding bonds for the purpose of paying, funding
or refunding prior to maturity all or any part of such municipality's bonds, notes or other
obligations, the redemption premium, if any, with respect thereto, the interest thereon,
the costs with respect to the issuance of such refunding bonds and the payment of such
refunded bonds, notes or other obligations. Such refunding bonds shall mature not later
than (1) in the case of a single series of bonds, notes or other obligations being refunded,
the final maturity date thereof; and (2) in the case of multiple series of bonds, notes or
other obligations being refunded, the final maturity date of any such series last to occur.
Notwithstanding the provisions of the general statutes or any special act, local law or
charter governing the authorization and issuance of bonds, notes or other obligations
and the appropriation of the proceeds thereof, such refunding bonds shall be authorized,
and the proceeds appropriated for the purposes permitted under this section, by resolution of the legislative body of the municipality, and shall be subject to the same limitations and requirements as bonds issued pursuant to this chapter, provided the provisions
of section 7-371 regarding limitations on the date of the first maturity, or on the amount
of any principal or on any principal and interest installments on any bonds, shall not
apply to refunding bonds issued under this section which shall achieve net present value
savings after comparing total debt service payable on the refunding bonds to the total
debt service payable on the refunded bonds, after accounting for costs of issuance and
underwriters' discount. As used in this section "legislative body" means (A) the board
of selectmen in a town that does not have a charter, special act or home rule ordinance
relating to its government, (B) the council, board of aldermen, representative town meeting, board of selectmen or other elected legislative body described in a charter, special
act or home rule ordinance relating to government in a city, consolidated town and city,
consolidated town and borough or a town having a charter, special act, consolidation
ordinance or home rule ordinance relating to its government, (C) the board of burgesses
or other elected legislative body in a borough, or (D) the district committee or other
elected legislative body in a district, metropolitan district or other municipal corporation.
(P.A. 83-408, S. 2, 6; P.A. 86-350, S. 7, 28; P.A. 93-158, S. 1, 11; P.A. 99-97, S. 1, 6; P.A. 02-108, S. 2.)
History: P.A. 86-350 made a variety of changes for purposes of clarification, updating the statutes to conform to current
financial practices and to conform to anticipated changes in federal tax policy; P.A. 93-158 provided that refunding bonds
could be authorized by resolution of the legislative body rather than in the same manner as the original bond and defined
"legislative body", effective June 23, 1993; P.A. 99-97 added provision to clarify that municipalities include the redemption
premium and the cost of issuance in the total amount refunded, effective June 3, 1999; P.A. 02-108 made a technical change
and exempted certain refunding bonds from the requirements of Sec. 7-371 re limitations on the date of first maturity or
the amount of such bonds, effective May 29, 2002.
See Sec. 7-380b re issuance of bonds, notes or other obligations authorized before June 23, 1993.