11-42-702 - Reserve fund.
               	 		 11-42-702.    Reserve fund.
      (1)  In lieu of creating and funding a guaranty fund under Section 11-42-701 for an issueof assessment bonds or refunding assessment bonds, a local entity may establish a reserve fund tosecure the issue.
      (2)  If a local entity establishes a reserve fund under this section:
      (a)  the bonds secured by the reserve fund are not secured by a guaranty fund underSection 11-42-701;
      (b)  the local entity is not required to fund a guaranty fund under Section 11-42-701 forthose bonds; and
      (c)  unless otherwise provided in this part or in the proceedings authorizing the issuanceof bonds, the provisions of this part regarding a guaranty fund have no application to the bondsthat are secured by the reserve fund.
      (3)  Each local entity that establishes a reserve fund shall:
      (a)  fund and replenish the reserve fund in the amounts and manner provided in theproceedings authorizing the issuance of the bonds that are secured by the reserve fund; and
      (b)  invest the funds on deposit in the reserve fund as provided in Title 51, Chapter 7,State Money Management Act.
      (4) (a)  Subject to Subsection (4)(b), a local entity may replenish a reserve fund under thissection by any of the methods described in Subsection 11-42-701(1)(b).
      (b)  The proceedings authorizing the issuance of assessment bonds or refundingassessment bonds shall provide that if a local entity uses any of the methods described inSubsection 11-42-701(1)(b) to replenish a reserve fund, the local entity shall be reimbursed, withinterest at a rate that the local entity determines, with money that the local entity receives fromforeclosing on delinquent property.
      (5)  Upon the retirement of bonds secured by a reserve fund, the local entity shall:
      (a)  terminate the reserve fund; and
      (b)  disburse all remaining money in the fund as provided in the proceedings authorizingthe issuance of the bonds.
Amended by Chapter 246, 2009 General Session