Utah Code § 53H-9-311

Refunding bonds -- Issuance -- Proceeds -- Limitations
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(1) Bonds may be issued under this part for the purpose of refunding any bonds previously issued
under authority of this part, if:
(a) the bonds to be refunded are due or callable, redeemable, or repurchasable by the bond's
terms on or prior to the date that the refunding bonds are issued;
(b) the bonds to be refunded will become due or callable, redeemable, or repurchasable by the
bond's terms within 10 years thereafter; or
(c) the bonds to be refunded, even though not becoming due, callable, redeemable, or
repurchasable within this period, are voluntarily surrendered by the bondholders for
cancellation at the time of the issuance of the refunding bonds.
(2)
(a) These refunding bonds shall have such details, bear such rate of interest, and be otherwise
issued and secured as provided by the board authorizing the issuance of the bonds and as
otherwise provided in this part.
(b) The board may make changes in the security and revenues pledged to the payment of the
bonds, as provided in the proceedings authorizing the bonds.
(c) The board may not secure refunding bonds with revenues that this part does not authorize for
the payment of bonds issued for purposes other than issuing a refund.
(3)
(a) Refunding bonds issued under this part may be exchanged for a like principal amount of the
bonds to be refunded, may be sold in the manner provided in this part for the sale of other
bonds, or may be exchanged in part and sold in part.
(b) If sold, the proceeds of the sale not required for the payment of expenses may be invested
in United States Government obligations or in obligations unconditionally guaranteed by the
United States of America in a manner as may be provided in the authorizing resolution, so
long as these investments will mature with interest so as to provide funds to pay when due,
or called for redemption, the bonds to be refunded together with interest and redemption
premiums, if any.

(4) The proceeds or obligations shall, and other funds legally available to the board for such
purposes may, be deposited in trust with an FDIC insured bank doing business in Utah, or the
bank's successor, to be held for the payment and redemption of bonds to be refunded.
(5) The deposit and any reinvestment shall be held in trust by the escrow agent for the payment
of bonds with interest and redemption premiums, if any, on maturity or upon an available
redemption date or upon an earlier voluntary surrender with the consent of the board.
(6)
(a) No refunding bonds may be issued under this section in a principal amount in excess of the
principal amount of the bonds to be refunded nor may any bonds not maturing or callable
for redemption under the bond's terms as provided in this section be refunded without the
consent of the holders of the bonds.
(b) Refunding bonds authorized and issued under this section may in the discretion of the board
be combined with other bonds to be authorized and issued under this part, and a single issue
of bonds may be authorized, part for improvement and part for refunding purposes.
Renumbered and Amended by Chapter 8, 2025 Special Session 1

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