United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-14-306

Local political subdivisions may pledge certain facility revenues, fees, and charges for general obligation bonds, and governing bodies may issue bonds backed solely by revenues from extensions or improvements to…

bond financingbond issuancebondsgeneral obligation bondsmunicipal facilitiesmunicipal financepublic bondspublic financereserve fundsrevenue allocationrevenue pledgesrevenue-backed financingsewer servicestrust indenturesutility billingwater services

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“Local political subdivisions may pledge certain facility revenues, fees, and charges for general obligation bonds, and governing bodies may issue bonds backed solely by revenues from extensions or improvements to revenue-producing facilities.”

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Subsection 11-14-306(2)(a)

The governing body may issue bonds that are paid only from revenues, fees, or charges tied to extensions and improvements to revenue-producing facilities.

Section 11-14-306(2)(a)

Subsection 11-14-306(2)(b)(ii)

that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion

Section 11-14-306(2)(b)(ii)

Subsection 11-14-306(3)(a)

A resolution or trust indenture authorizing pledged bonds may include covenants about listed bond-management matters.

Section 11-14-306(3)(a)

Subsection 11-14-306(3)(d)

The bond resolution or trust indenture may give bondholders enforcement rights and set terms for appointing a receiver.

Section 11-14-306(3)(d)

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Showing 12 of 12 provisions

Provision 12

Part 11-14-3

part 11-14-3 Issuance of Bonds

§ 11-14-306Additional pledge for general obligation bonds -- Revenue bonds -- Resolution.Provision

Local political subdivisions may pledge certain facility revenues, fees, and charges for general obligation bonds, and governing bodies may issue bonds backed solely by revenues from extensions or improvements to revenue-producing facilities.

Additional pledge for general obligation bonds -- Revenue bonds -- Resolution. To the extent constitutionally permissible, local political subdivisions may pledge as an additional source of payment for their general obligation bonds all or any part of revenues, fees, and charges attributable to the operation or availability of facilities or may issue bonds payable solely from such revenues, fees, or charges. The governing body may issue bonds payable solely from revenues, fees, or charges attributable to extensions and improvements to revenue-producing facilities. If the governing body issues bonds under Subsection (2)(a) , the resolution authorizing these bonds shall set forth as a finding of the governing body: the value of the then existing facility and the value of this facility after completion of the extensions or improvements proposed to be constructed; and that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion shall be considered to be revenue derived from the existing facility and the remainder may be set aside and pledged to the payment of the principal of and interest on the bonds and for the establishment of appropriate reserve fund or funds, and such portion shall be considered to be revenue derived exclusively from the extensions and improvements. Any resolution or trust indenture authorizing bonds to which such revenues, fees, or charges are pledged may contain such covenants with the future holder or holders of the bonds as to the management and operation of the affected facilities, the imposition, collection, and disposition of rates, fees, and charges for commodities and services furnished thereby, the issuance of future bonds, the creation of future liens and encumbrances against the facilities, the carrying of insurance, the keeping of books and records, the deposit and paying out of revenues, fees, or charges and bond proceeds, the appointment and duties of a trustee, and other pertinent matters as may be considered proper by the governing body. If the revenue, fee, or charge so pledged involves either sewer or water revenues, fees, or charges or both sewer and water revenues, fees, or charges, provision may be made for charges for sewer services and water services to be billed in a single bill and for the suspension of water or sewer services, or both, to any customer who shall become delinquent in the payment due for either. Provision may be made for the securing of such bonds by a trust indenture, but no such indenture shall convey, mortgage, or create any lien upon property of the local political subdivision. Either the bond resolution or such trust indenture may impose in the holders of the bonds full rights to enforce the provisions thereof, and may include terms and conditions upon which the holders of the bonds or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver who may enter and take possession of the facility or facilities, the revenues, fees, or charges of which are so pledged, and may operate and maintain them, prescribe charges and collect, receive, and apply all revenues, fees, or charges therefrom arising in the same manner as the local political subdivision itself might do.
Section 11-14-306Verify source
§ 11-14-306(1)Subsection 11-14-306(1)Provision

Local political subdivisions may, if constitutionally permissible, pledge certain facility-related revenues, fees, and charges for general obligation bonds, or issue bonds payable only from those revenues, fees, or charges.

To the extent constitutionally permissible, local political subdivisions may pledge as an additional source of payment for their general obligation bonds all or any part of revenues, fees, and charges attributable to the operation or availability of facilities or may issue bonds payable solely from such revenues, fees, or charges.
Section 11-14-306(1)Verify source
§ 11-14-306(2)Subsection 11-14-306(2)Provision

The governing body may issue bonds backed only by revenues, fees, or charges from extensions and improvements to revenue-producing facilities.

The governing body may issue bonds payable solely from revenues, fees, or charges attributable to extensions and improvements to revenue-producing facilities. If the governing body issues bonds under Subsection (2)(a) , the resolution authorizing these bonds shall set forth as a finding of the governing body: the value of the then existing facility and the value of this facility after completion of the extensions or improvements proposed to be constructed; and that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion shall be considered to be revenue derived from the existing facility and the remainder may be set aside and pledged to the payment of the principal of and interest on the bonds and for the establishment of appropriate reserve fund or funds, and such portion shall be considered to be revenue derived exclusively from the extensions and improvements.
Section 11-14-306(2)Verify source
§ 11-14-306(2)(a)Subsection 11-14-306(2)(a)Provision

The governing body may issue bonds that are paid only from revenues, fees, or charges tied to extensions and improvements to revenue-producing facilities.

The governing body may issue bonds payable solely from revenues, fees, or charges attributable to extensions and improvements to revenue-producing facilities.
Section 11-14-306(2)(a)Verify source
§ 11-14-306(2)(b)Subsection 11-14-306(2)(b)Provision

If bonds are issued under Subsection (2)(a), the bond resolution must state the value of the existing facility and the post-improvement facility, and it may treat part of future facility revenues as revenue from the existing facility while the remainder may be pledged to bond repayment and reserve funds.

If the governing body issues bonds under Subsection (2)(a) , the resolution authorizing these bonds shall set forth as a finding of the governing body: the value of the then existing facility and the value of this facility after completion of the extensions or improvements proposed to be constructed; and that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion shall be considered to be revenue derived from the existing facility and the remainder may be set aside and pledged to the payment of the principal of and interest on the bonds and for the establishment of appropriate reserve fund or funds, and such portion shall be considered to be revenue derived exclusively from the extensions and improvements.
Section 11-14-306(2)(b)Verify source
§ 11-14-306(2)(b)(i)Subsection 11-14-306(2)(b)(i)Provision

the value of the then existing facility and the value of this facility after completion of the extensions or improvements proposed to be constructed; and

the value of the then existing facility and the value of this facility after completion of the extensions or improvements proposed to be constructed; and
Section 11-14-306(2)(b)(i)Verify source
§ 11-14-306(2)(b)(ii)Subsection 11-14-306(2)(b)(ii)Provision

that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion

that portion of the revenues, fees, or charges derived from the entire facility when the contemplated extensions and improvements are completed which the value of the existing facility bears to the value of the facility after completion shall be considered to be revenue derived from the existing facility and the remainder may be set aside and pledged to the payment of the principal of and interest on the bonds and for the establishment of appropriate reserve fund or funds, and such portion shall be considered to be revenue derived exclusively from the extensions and improvements.
Section 11-14-306(2)(b)(ii)Verify source
§ 11-14-306(3)Subsection 11-14-306(3)Provision

Any resolution or trust indenture authorizing bonds to which such revenues, fees, or charges are pledged may contain such covenants with the future holder or holders of the bonds as to the management and operation of the affected

Any resolution or trust indenture authorizing bonds to which such revenues, fees, or charges are pledged may contain such covenants with the future holder or holders of the bonds as to the management and operation of the affected facilities, the imposition, collection, and disposition of rates, fees, and charges for commodities and services furnished thereby, the issuance of future bonds, the creation of future liens and encumbrances against the facilities, the carrying of insurance, the keeping of books and records, the deposit and paying out of revenues, fees, or charges and bond proceeds, the appointment and duties of a trustee, and other pertinent matters as may be considered proper by the governing body. If the revenue, fee, or charge so pledged involves either sewer or water revenues, fees, or charges or both sewer and water revenues, fees, or charges, provision may be made for charges for sewer services and water services to be billed in a single bill and for the suspension of water or sewer services, or both, to any customer who shall become delinquent in the payment due for either. Provision may be made for the securing of such bonds by a trust indenture, but no such indenture shall convey, mortgage, or create any lien upon property of the local political subdivision. Either the bond resolution or such trust indenture may impose in the holders of the bonds full rights to enforce the provisions thereof, and may include terms and conditions upon which the holders of the bonds or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver who may enter and take possession of the facility or facilities, the revenues, fees, or charges of which are so pledged, and may operate and maintain them, prescribe charges and collect, receive, and apply all revenues, fees, or charges therefrom arising in the same manner as the local political subdivision itself might do.
Section 11-14-306(3)Verify source
§ 11-14-306(3)(a)Subsection 11-14-306(3)(a)Provision

A resolution or trust indenture authorizing pledged bonds may include covenants about listed bond-management matters.

Any resolution or trust indenture authorizing bonds to which such revenues, fees, or charges are pledged may contain such covenants with the future holder or holders of the bonds as to the management and operation of the affected facilities, the imposition, collection, and disposition of rates, fees, and charges for commodities and services furnished thereby, the issuance of future bonds, the creation of future liens and encumbrances against the facilities, the carrying of insurance, the keeping of books and records, the deposit and paying out of revenues, fees, or charges and bond proceeds, the appointment and duties of a trustee, and other pertinent matters as may be considered proper by the governing body.
Section 11-14-306(3)(a)Verify source
§ 11-14-306(3)(b)Subsection 11-14-306(3)(b)Provision

The provision allows a single bill for sewer and water charges, and allows water or sewer service to be suspended if a customer is delinquent on payment for either.

If the revenue, fee, or charge so pledged involves either sewer or water revenues, fees, or charges or both sewer and water revenues, fees, or charges, provision may be made for charges for sewer services and water services to be billed in a single bill and for the suspension of water or sewer services, or both, to any customer who shall become delinquent in the payment due for either.
Section 11-14-306(3)(b)Verify source
§ 11-14-306(3)(c)Subsection 11-14-306(3)(c)Provision

Bonds may be secured by a trust indenture, but the indenture may not convey, mortgage, or create a lien on local political subdivision property.

Provision may be made for the securing of such bonds by a trust indenture, but no such indenture shall convey, mortgage, or create any lien upon property of the local political subdivision.
Section 11-14-306(3)(c)Verify source
§ 11-14-306(3)(d)Subsection 11-14-306(3)(d)Provision

The bond resolution or trust indenture may give bondholders enforcement rights and set terms for appointing a receiver.

Either the bond resolution or such trust indenture may impose in the holders of the bonds full rights to enforce the provisions thereof, and may include terms and conditions upon which the holders of the bonds or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver who may enter and take possession of the facility or facilities, the revenues, fees, or charges of which are so pledged, and may operate and maintain them, prescribe charges and collect, receive, and apply all revenues, fees, or charges therefrom arising in the same manner as the local political subdivision itself might do.
Section 11-14-306(3)(d)Verify source

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