§ 6-20-1223 - Refunding bonds -- Issuance without election.
6-20-1223. Refunding bonds -- Issuance without election.
(a) School districts of this state may issue refunding bonds without the necessity of submitting the question of issuing the refunding bonds to a vote of the electors of the school district and without the approval of the State Board of Education provided that:
(1) The last maturity date of the refunding bonds is not later than the last maturity date of the bonds being refunded;
(2) The total amount required to pay principal and interest of the refunding bonds as they become due and payable, as well as any issuance costs required to be paid by the school district, exclusive of issuance costs paid from the proceeds of the refunding bonds, must be less than the total amount required to pay principal and interest of the bonds being refunded as they become due and payable; and
(3) The issue has been approved by the Commissioner of Education or the commissioner's designee subject to Department of Education rules and regulations.
(b) (1) Refunding bonds, authorized by a resolution of the board of directors of the school district issuing them, may enjoy the same security for their payment as was enjoyed by the bonds refunded thereby, including particularly, and without limitation, any continuing annual building fund taxes voted and pledged to the payment of the bonds refunded thereby, except that, in all school districts operating pursuant to federal court desegregation decrees, the refunding bonds may, but shall not be required to, enjoy the same security for payment as was enjoyed by the bonds refunded.
(2) Except as to the particulars dealt with in this section, refunding bonds shall be governed insofar as their authorization and security are concerned by provisions of existing law.