North Dakota Code § 40-27-13

Refunding callable funding bonds or refunding warrants - Terms and
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conditions.
Any municipality may refund, according to the procedure set forth in this chapter, any 
funding bonds issued under this chapter which are callable prior to maturity or which shall be 
surrendered voluntarily for refunding, by the issuance of bonds upon the same terms and 
conditions except as to interest, whenever by so doing a saving in interest can be effected. Any 
municipality having valid outstanding refunding special improvement warrants or bonds issued 
pursuant to this chapter, which are due, or to become due within one year, in whole or in part as 
to principal or interest or both or which are redeemable either at the option of the municipality or 
with the consent of the warrantholders or bondholders, may issue new refunding special 
improvement bonds to refund such outstanding warrants or bonds, if there is not sufficient 
money in the fund or funds against which such outstanding refunding warrants or bonds are 
drawn to pay the principal or interest or both or if a deficiency is likely to occur in the fund or 
funds within one year for payment of principal or interest thereon. Such new bonds may be 
issued for the purpose of extending the maturities of the outstanding refunding warrants or 
bonds, or reducing the debt service thereon, or equalizing the general tax which the municipality 
may be, or may become, obligated to levy to discharge deficiencies in the fund or funds against 
which they are drawn. Such new bonds shall be issued according to the procedure set forth in 
this chapter for the issuance of the original refunding special improvement warrants or bonds. If 
refunding improvement bonds are issued and sold six months or more before the earliest date 
on which all outstanding refunding improvement warrants or bonds of the issue to be refunded 
thereby mature or are prepayable in accordance with their terms, the proceeds of the new 
bonds, including any premium and accrued interest, shall be deposited in escrow with a suitable 
bank or trust company, having its principal place of business within or without the state, and 
shall be invested in such amount and in securities maturing on such dates and bearing interest 
at such rates as shall be required to provide funds sufficient to pay when due the interest to 
accrue on each warrant or bond refunded to its maturity or, if it is prepayable and called for 
redemption, to an earlier prior date upon which it may be called for redemption, and to pay and 
redeem the principal amount of each such warrant or bond at maturity or, if prepayable and 

called for redemption, at the earlier redemption date, and any premium required for redemption 
on such date, or in the case of a crossover refunding, must be invested in securities irrevocably 
appropriated to the payment of principal and interest on the refunding improvement bonds until 
the date the proceeds are applied to the payment or redemption of the bonds or warrants to be 
refunded. The governing body's resolution authorizing the new bonds shall irrevocably 
appropriate for these purposes the escrow fund and all investments thereof, which shall be held 
in safekeeping by the escrow agent, and all income therefrom, and may provide for the call for 
redemption of all prepayable bonds in accordance with their terms. The securities to be 
purchased with the escrow fund shall be limited to general obligations of the United States, 
securities whose principal and interest payments are guaranteed by the United States, and 
securities issued by the following United States government agencies: banks for cooperatives, 
federal home loan banks, federal intermediate credit banks, federal land banks, and the federal 
national mortgage association. Such securities shall be purchased simultaneously with the 
delivery of the new bonds. Moneys on hand in the refunding improvement bond fund maintained 
for the payment of the outstanding bonds, and not immediately needed for the payment of 
interest or principal due, or other legally available funds of the municipality may likewise be 
deposited in the escrow fund and invested in the same manner as the proceeds of the new 
bonds, to the extent consistent with the provisions of resolutions authorizing the outstanding 
bonds.

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