Validity of bonds; legal opinion

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11-681.12. Validity of bonds; legal opinion

A. This article constitutes full authority for authorizing and issuing county judgment bonds without reference to any other law of this state. No other statute with regard to authorizing or issuing obligations or that in any way impedes or restricts performing the acts authorized by this article may be construed to apply to any proceedings taken or acts done pursuant to this article.

B. The board may submit bonds to be issued under this article to the county attorney or other legal counsel after all proceedings for authorizing the bonds have been completed. Within fifteen days after submission, the county attorney or counsel shall examine and pass on the validity of the bonds and the regularity of the proceedings. If counsel determines that the bonds and proceedings comply with this article, and if the bonds when delivered and paid for will constitute binding and legal obligations of the county, the county attorney or counsel shall render a legal opinion in substance that the bonds are issued according to the constitution and laws of this state.

C. The bonds shall recite that they are regularly issued pursuant to this article. That recital, together with the legal opinion under subsection B, constitutes prima facie evidence of the legality and validity of the bonds. From and after the sale and delivery of the bonds, they are incontestable by any party.


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