New Mexico § 71-10-8 - Refunding bonds
Full text of New Mexico New Mexico Statutes Annotated § 71-10-8 — Refunding bonds, with citation guidance and answers to common questions.
§ 71-10-8. Refunding bonds
A. An authority that has issued bonds in accordance with the Electric Generating Facility
Economic District Act may issue refunding bonds for the purpose of refinancing, paying
and discharging all or any part of outstanding bonds for the: (1) acceleration, deceleration or other modification of the payment of the outstanding
bonds, including, without limitation, any capitalization of any interest thereon in
arrears or about to become due for any period not exceeding two years from the date
of the refunding bonds; (2) purpose of reducing interest costs or effecting other economies; or (3) purpose of modifying or eliminating restrictive contractual limitations: (a) pertaining to the issuance of additional bonds; or (b) concerning the outstanding bonds or facilities relating to the outstanding bonds. B. An authority may pledge irrevocably for the payment of interest, principal and
premium, if any, on refunding bonds the appropriate pledged revenues, which may be
pledged to an original issue of bonds. C. Refunding bonds may be issued separately or in combination in one series or more. D. Refunding bonds shall be authorized by resolution. Bonds that are refunded shall be paid at maturity or on any permitted prior redemption
date in the amounts, at the time and places and, if called prior to maturity, in accordance
with any applicable notice provisions, all as provided in the proceedings authorizing
the issuance of the refunded bonds or otherwise appertaining thereto, except for any
such bond that is voluntarily surrendered for exchange or payment by the holder or
owner. E. The principal amount of the refunding bonds may exceed the principal amount of
the refunded bonds and may also be less than or the same as the principal amount of
the bonds being refunded if provision is duly and sufficiently made for the payment
of the refunded bonds. F. The proceeds of refunding bonds, including accrued interest and premiums appertaining
to the sale of refunding bonds, shall be immediately applied to the retirement of
the bonds being refunded or placed in escrow in a commercial bank or trust company
that possesses and exercises trust powers and that is a member of the federal deposit
insurance corporation. The proceeds shall be applied to the principal of, interest on and any prior redemption
premium due in connection with the bonds being refunded; provided that the refunding
bond proceeds, including accrued interest and premiums appertaining to a sale of refunding
bonds, may be applied to the establishment and maintenance of a reserve fund and to
the payment of expenses incidental to the refunding and the issuance of the refunding
bonds, the interest on those bonds and the principal of those bonds, or both interest
and principal as the authority determines. This section does not require the establishment of an escrow if the refunded bonds
and the amounts necessary to retire the refunded bonds within that time are deposited
with the paying agent for the refunded bonds. Any such escrow shall not necessarily be limited to proceeds of refunding bonds
but may include other money available for its purpose. Proceeds in escrow pending such use may be invested or reinvested in bills, certificates
of indebtedness, notes or bonds that are direct obligations of, or the principal and
interest of which obligations are unconditionally guaranteed by, the United States
or in certificates of deposit of banks that are members of the federal deposit insurance
corporation; provided that the par value of the certificates of deposit is collateralized
by a pledge of obligations or by a pledge of payment that is unconditionally guaranteed
by the United States; and further provided that the par value of those obligations
is at least seventy-five percent of the par value of the certificates of deposit. Such proceeds and investments in escrow, together with any interest or other income
to be derived from any such investment, shall be in an amount at all times sufficient
as to principal, interest, any prior redemption premium due and any charges of the
escrow agent payable therefrom to pay the bonds being refunded as they become due
at their respective maturities or at any designated prior redemption date or dates
in connection with which the district shall exercise a prior redemption option. A purchaser of a refunding bond issued is not responsible for the application of
the proceeds by the district or any of its officers, agents or employees. G. Refunding bonds may bear additional terms and provisions as determined by the authority
subject to the limitations in this section relating to original bond issues. Refunding bonds are not subject to the provisions of any other statute. H. Refunding bonds: (1) may have interest, principal value or any part thereof payable at intervals or
at maturity, as determined by the authority; (2) may be subject to prior redemption at the district's option at a time or times
and upon terms and conditions with or without payment of premium or premiums, as determined
by the authority; (3) may be serial in form and maturity or may consist of a single bond payable in
one or more installments or may be in another form, as determined by the authority;
and (4) shall be exchanged for the bonds and any matured unpaid interest being refunded
at not less than par or sold at public or negotiated sale at, above or below par and
at a price that results in a net effective interest rate that does not exceed the
maximum permitted by the Public Securities Act. I. At a regular or special meeting, an authority may adopt a resolution by majority
vote to authorize the issuance of the refunding bonds.
Frequently Asked Questions About New Mexico § 71-10-8
What does New Mexico Statutes Annotated § 71-10-8 cover?
Section 71-10-8 ("Refunding bonds") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 71-10-8?
A common citation format is "New Mexico Statutes Annotated § 71-10-8" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 71-10-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.