LegalFix

Section 402 - Sources from which an authority bond may be made payable -- Authority powers regarding authority bond.

UT Code § 63H-2-402 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) The principal and interest on an authority bond may be made payable from: (a) the income and revenues related to a qualifying energy delivery project financed with the proceeds of the authority bond; (b) the income and revenues from a public or private source under Subsection 63H-2-201(2)(c); (c) a contribution, loan, grant, or other financial assistance from a public entity or other source under Subsection 63H-2-201(2)(d); (d) authority revenues generally; or (e) money derived from a combination of the methods listed in Subsections (1)(a) through (d).

(a) the income and revenues related to a qualifying energy delivery project financed with the proceeds of the authority bond;

(b) the income and revenues from a public or private source under Subsection 63H-2-201(2)(c);

(c) a contribution, loan, grant, or other financial assistance from a public entity or other source under Subsection 63H-2-201(2)(d);

(d) authority revenues generally; or

(e) money derived from a combination of the methods listed in Subsections (1)(a) through (d).

(2) In connection with the issuance of an authority bond, the authority may: (a) pledge all or any part of the authority's gross or net revenues to which the authority: (i) has a right that exists at issuance of the authority bond; or (ii) may have a right that comes into existence after issuance of the authority bond; and (b) even if a covenant or action is not specifically enumerated in this chapter, make a covenant or take an action that: (i) may be necessary, convenient, or desirable to secure the authority bond; or (ii) except as otherwise provided in this chapter, will tend to make the authority bond more marketable.

(a) pledge all or any part of the authority's gross or net revenues to which the authority: (i) has a right that exists at issuance of the authority bond; or (ii) may have a right that comes into existence after issuance of the authority bond; and

(i) has a right that exists at issuance of the authority bond; or

(ii) may have a right that comes into existence after issuance of the authority bond; and

(b) even if a covenant or action is not specifically enumerated in this chapter, make a covenant or take an action that: (i) may be necessary, convenient, or desirable to secure the authority bond; or (ii) except as otherwise provided in this chapter, will tend to make the authority bond more marketable.

(i) may be necessary, convenient, or desirable to secure the authority bond; or

(ii) except as otherwise provided in this chapter, will tend to make the authority bond more marketable.

(3) A member of the board or other person executing an authority bond is not liable personally on the authority bond.

(4) (a) An authority bond: (i) is not a general obligation or liability of the state or any of the state's political subdivisions; and (ii) does not constitute a charge against the general credit or taxing powers of the state or any of the state's political subdivisions. (b) An authority bond is not payable out of money or properties other than those of the authority pledged for the payment of the bond. (c) A community, the state, or a political subdivision of the state may not be liable on an authority bond. (d) An authority bond does not constitute indebtedness within the meaning of a constitutional or statutory debt limitation.

(a) An authority bond: (i) is not a general obligation or liability of the state or any of the state's political subdivisions; and (ii) does not constitute a charge against the general credit or taxing powers of the state or any of the state's political subdivisions.

(i) is not a general obligation or liability of the state or any of the state's political subdivisions; and

(ii) does not constitute a charge against the general credit or taxing powers of the state or any of the state's political subdivisions.

(b) An authority bond is not payable out of money or properties other than those of the authority pledged for the payment of the bond.

(c) A community, the state, or a political subdivision of the state may not be liable on an authority bond.

(d) An authority bond does not constitute indebtedness within the meaning of a constitutional or statutory debt limitation.

(5) An authority bond is fully negotiable.

(6) An authority bond is: (a) issued for an essential public and governmental purpose; and (b) together with interest on the authority bond and income from the authority bond, exempt from state taxes except the corporate franchise tax.

(a) issued for an essential public and governmental purpose; and

(b) together with interest on the authority bond and income from the authority bond, exempt from state taxes except the corporate franchise tax.

(7) Nothing in this section may be construed to limit the right of an obligee to pursue a remedy for the enforcement of a pledge or lien given under this part by the authority on the authority's rents, fees, grants, properties, or revenues.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 402 - Sources from which an authority bond may be made payable -- Authority powers regarding authority bond.