Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the county or the incorporated municipality, as the case may be, but only with the approval of the State Fiscal Accountability Authority being first obtained, by the issuance of its refunding bonds in such amount as the governing board may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses, and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein provided for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds any governing board may avail itself of the provision of Sections 11-21-10 to 11-21-80, (the Advanced Refunding Act).
HISTORY: 1962 Code Section 63-195.60; 1971 (57) 134.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Structure South Carolina Code of Laws
Title 48 - Environmental Protection and Conservation
Chapter 3 - Pollution Control Facilities
Section 48-3-20. Powers of counties and incorporated municipalities generally.
Section 48-3-30. Terms, form, execution, and sale of bonds; bond anticipation notes.
Section 48-3-40. Security for bonds.
Section 48-3-50. Letting of contracts for construction of pollution control facilities.
Section 48-3-70. Required provisions in loan agreements; provision for additional parity bonds.
Section 48-3-80. Optional provisions in loan agreements.
Section 48-3-90. Use of proceeds from sale of bonds.
Section 48-3-100. Refunding bonds.
Section 48-3-110. Investment in bonds legal.
Section 48-3-120. Exemptions from taxation generally.
Section 48-3-130. Exemption from taxation of pollution control facilities.
Section 48-3-150. Chapter to be construed as cumulative; execution of authorization.
Section 48-3-160. Existing powers of incorporated municipalities not affected.