KRS § 58.150 — KY Code / Title VII / Chapter 58 / Section 58.150
58.150 Revenue bond anticipation notes
Status: in_force

58.150 Revenue bond anticipation notes.

(1) When the governing body of any county, city, or other municipal corporation, or

agency thereof, shall make a determination that, in accordance with the provisions

of any section of the statutes authorizing it to issue revenue bonds, assessment

bonds, or mortgage bonds to finance any project, it will finance a project by the

issuance of bonds, then in anticipation of financing, the governing body may

provide for the interim financing of a project by the sale and issuance of revenue

bond, assessment bond, or mortgage bond anticipation notes, as the case may be,

bearing interest at a rate or rates not exceeding the maximum rate permitted for the

issuance of the bonds so anticipated, and payable within a specified period of time

only from the proceeds of the bonds, when issued, or from the revenues or income

of the project as may be available prior to or at maturity of the notes; provided that

the initial term of the notes shall not be in excess of five (5) years from the date of

issuance. The term "revenue bond" means bonds, notes, or other obligations for the

payment of money issued by the state, any county, municipality, or other public

district or authority except a school district, or any corporation or other corporate

body acting as an instrumentality of the unit, and payable from a special fund into

which some or all of the revenues of a public project have been or will be paid.

"Assessment bond" means bonds, notes, or other obligations for the payment of

money issued by any one (1) or more of the same issuing authorities payable from a

special fund into which assessments levied on properties for benefits conferred have

been or will be paid in accordance with law. "Mortgage bond" means revenue bonds

which are secured by a mortgage deed of trust. A school district shall not be

excluded from these definitions if it is authorized by the Kentucky Board of

Education, by general or special authorization, to proceed under the authority of this

section or KRS 56.513 through the agency of the appropriate city or county.

(2) The notes authorized herein shall be sold in the same manner as the bonds in

anticipation of which they are issued.

(3) Each bond anticipation note may include prepayment provisions which will allow

the issuing authority to prepay the note after giving reasonable notice to the holder;

shall identify the bond issue from the proceeds of which the note or notes and any

interest thereon are to be paid; and shall include a statement that the note is being

issued in anticipation of the identified bond issue, and that neither the note, nor the

interest, shall constitute or evidence an indebtedness of the issuing authority. Each

note and the interest, to the extent not previously paid from other sources, shall be

paid from the proceeds of the identified bond issue, when the proceeds have been

received and are available; provided, however, that payment from the revenues of

the project, for the financing of which the bonds will eventually be issued, shall be

permitted, and provision shall be made for payment of that portion of the principal

of any note issue which represents the principal of the proposed bonds scheduled to

mature on or prior to the maturity of the notes.

(4) The notes authorized herein may be issued in a principal amount sufficient to

include all interest due on the notes at or prior to maturity, if the notes shall be

issued for a term of three (3) years or less, and the notes may be sold at a discount

representing the interest due to the purchaser during the term.

(5) When, prior to the maturity of any notes issued under the authority of this section or

KRS 56.513, the governing body of the issuing authority shall make a determination

that by reason of construction delays, changes in plans, uncertainties in the bond

market, or other causes justifying delay in the final offering of the bond issue, the

bond issue should not immediately be offered, renewal notes may be issued subject

to the same limitations contained in this section or KRS 56.513 relative to the

original issue of notes, and the proceeds of the sale of the renewal notes shall be

applied to the payment of the principal of the notes originally issued, or any prior

issue of renewal notes, or to the payment of interest due or to become due on the

notes or renewal notes; provided, however, that the interest, including discount, if

any, payable from the proceeds of notes or renewal notes shall not exceed an

amount equal to three (3) years' interest from the date of the original notes at the

rate per annum established for the original notes.

(6) Counties, cities, and other municipal corporations, or agencies, in the discretion of

the governing body in each case, may, as an alternative to this section and for

interim financing purposes, solicit proposals, issue bond anticipation notes, and

make commitment agreements in the same manner as provided for the State

Property and Buildings Commission by KRS 56.513; provided, however, that in the

case of notes issued on behalf of a school district, general or special approval of the

Kentucky Board of Education shall be required in substitution for the approval of

the State Property and Buildings Commission; and provided further, that the

approval of the State Property and Buildings Commission will not be required for

any issue of a county, city, or other municipal corporation, or any agency, and

references to the commission shall be interpreted to be references to the governing

body of the issuing authority.

(7) Nothing herein shall be deemed to invalidate any bond anticipation notes sold or

issued under general statutes prior to the adoption of this section and KRS 56.513.

(8) Each bond anticipation note issued according to this section or KRS 56.513, and the

receipt of interest on the note, shall be exempt from all taxation by the

Commonwealth and all of its subdivisions, municipalities, and taxing authorities;

and this may be stated as a representation in the text of each bond anticipation note.