11-27-5 - Negotiability of bonds -- Intent and construction of chapter -- Budget for payment of bonds -- Proceedings limited to those required by chapter -- No election required -- Application of chap
11-27-5. Negotiability of bonds -- Intent and construction of chapter -- Budget forpayment of bonds -- Proceedings limited to those required by chapter -- No electionrequired -- Application of chapter.
(1) Refunding bonds shall have all the qualities of negotiable paper, shall beincontestable in the hands of bona fide purchasers or holders for value, and are not invalid forany irregularity or defect in the proceedings for their issuance and sale. This chapter is intendedto afford an alternative method for the issuance of refunding bonds by public bodies and may notbe construed to deprive any public body of the right to issue bonds for refunding purposes underauthority of any other statute, but this chapter, nevertheless, shall constitute full authority for theissue and sale of refunding bonds by public bodies. Section 11-1-1, however, is not applicable torefunding bonds.
(2) Any public body subject to any budget law shall in its annual budget make properprovision for the payment of principal and interest currently falling due on refunding bonds, butno provision need be made in the budget prior to the issuance of the refunding bonds for theirissuance or for the expenditure of the proceeds from them.
(3) (a) No ordinance, resolution, or proceeding concerning the issuance of refundingbonds nor the publication of any resolution, proceeding, or notice relating to the issuance of therefunding bonds shall be necessary except as specifically required by this chapter.
(b) A publication made under this chapter may be made:
(i) in any newspaper in which legal notices may be published under the laws of Utah,without regard to its designation as the official journal or newspaper of the public body; and
(ii) as required in Section 45-1-101.
(4) No resolution adopted or proceeding taken under this chapter shall be subject to anyreferendum petition or to an election other than as required by this chapter. All proceedingsadopted under this chapter may be adopted on a single reading at any legally-convened meetingof the governing body. This chapter shall apply to all bonds issued and outstanding at the timethis chapter takes effect as well as to bonds issued after this chapter takes effect.
Amended by Chapter 378, 2010 General Session