53H-9-302. Financing of projects or buildings -- Issuance of bonds -- Sale price determined by board -- Payment of bonds -- Bonds exempt from income taxation.

455 words·~2 min read·/ut/title-53h/chapter-9/53h-9-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

(1)To pay all or part of the cost of the acquisition, purchase, construction, improvement, remodeling, addition to, extension, equipment, and furnishing of any project or building, including the acquisition of all necessary land, the board, on behalf of the institution for which this is to be done, may do the following:

(a)borrow money on the credit of the income and revenues to be derived from the operation of the building, the imposition of student building fees, land grant interest, and net profits from proprietary activities, or from sources other than by appropriations by the Legislature to issuing institutions and, in anticipation of the collection of this income and revenues, issue negotiable bonds of the institution in an amount as the board determines is necessary for these purposes; and

(b)provide for the payment of these bonds and the rights of the bond's holders as provided in this part.

(2)Bonds may:

(a)be issued in one or more series;

(b)bear any date or dates;

(c)mature at any time or times not exceeding 40 years from the bond's date;

(d)be in any denominations;

(e)be in any form, either coupon or registered;

(f)carry registration and conversion privileges;

(g)be executed in any manner;

(h)be payable in any medium of payment at any place;

(i)be subject to any terms of redemption with or without premium; and

(j)bear interest at any rate or rates as provided by resolution adopted by the board at or before the sale of the bonds.

(a)The bonds may be sold in a manner, at the lowest obtainable rate or rates of interest, and at a price or prices as determined by the board.

(b)The determinations described in Subsection (3)(a) are conclusive.

(a)The board may authorize one issue of bonds for the acquisition, purchase, construction, improvement, remodeling, adding to, extending, furnishing, or equipping of more than one building.

(b)Subsection (4)(a) includes the acquisition of all necessary land, and the board may make the bonds payable from the combined revenues of all the buildings as well as from:

(i)student building fees;

(ii)land grant interest;

(iii)net profits from proprietary activities; and

(iv)sources other than those derived from appropriations from the Legislature.

(5)The bonds issued under this part have all of the qualities and incidents of negotiable paper and are not subject to state or local income taxation.

(6)This section does not apply to a technical college.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1