2021 South Carolina Code of Laws
Title 11 - Public Finance
Chapter 21 - Advanced Refunding Of Bonds Of Public Agencies
Section 11-21-40. Findings to be made by governing board.
Prior to any advanced refunding the governing board of any public agency which shall have outstanding bonds shall find either:
(a) That a savings can be effected through advanced refunding;
(b) That existing covenants and agreements in the proceedings authorizing the outstanding bonds payable from revenue-producing projects hamper or impede the ability of the public agency to borrow monies which are then or thereafter required to provide for improvements, enlargements and extensions to such revenue-producing projects.
In the event any governing board shall undertake to effect an advanced refunding pursuant to Chapter 17, Title 6 and this chapter, and at the same time to borrow for the purpose of constructing improvements to its revenue-producing project, it shall likewise have found that such improvements are then necessary and can be accomplished with the monies provided by the proceeds of the refunding bonds issued pursuant to Chapter 17, Title 6 and this chapter for the purpose of constructing such improvements.
HISTORY: 1962 Code Section 1-634; 1965 (54) 551; 1967 (55) 489; 1981 Act No. 50, Section 2.
