9-21-602 - Purchase price and terms of capital outlay notes Interest rate agreements.
9-21-602. Purchase price and terms of capital outlay notes Interest rate agreements.
(a) Capital outlay notes shall be sold for not less than ninety-nine percent (99%) of the par value thereof and accrued interest as the governing body of the local government may direct. Capital outlay notes may be sold in one (1) or more series, may bear such date or dates, may bear interest at such rate or rates (which may vary from time to time), may be payable at such time or times, may be in such denomination or denominations, may be in such form, either coupon or registered, may be payable at such place or places, may be executed in such manner, may be payable in such medium of payment, may be subject to such terms of redemption, without a premium or, for notes sold for not less than the par value thereof and accrued interest, without or with a premium of not exceeding one percent (1%) of the principal amount thereof, all as may be provided by resolution of the governing body of the local government.
(b) The term of capital outlay notes issued pursuant to this part and parts 1 and 4 of this chapter shall not exceed the reasonably expected economic life of the project being financed as stated in the resolution authorizing the capital outlay notes. An erroneous estimate of the reasonably expected economic life of the project shall in no way affect the validity of such notes.
(c) With respect to all or any portion of any issue of capital outlay notes issued or anticipated to be issued hereunder, at any time during the term of the capital outlay notes, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized herein are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in § 9-21-130, a local government by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the local government may determine, including, without limitation, provisions permitting the local government to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination thereof or default under such agreement.
[Acts 1986, ch. 770, § 6-2; 1999, ch. 432, § 6; 2001, ch. 253, § 9.]