21-03-42. Sinking fund - Sources and uses.

446 words·~2 min read·/nd/title-21/chapter-21-03-bonds/21-03-42

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The sinking fund must be disbursed by the county treasurer or treasurer of the municipality, as the case may be, upon the directions therefor by resolution of the governing body of the municipality issuing such bonds. As such bonds mature, the county treasurer, upon warrant drawn upon the county treasurer by the county auditor, shall apply such sinking fund in

retirement thereof, and also in payment of the interest thereon as it becomes payable. The county auditor shall draw such warrants so as to pay the interest and retire the bonds at as early a date as possible. If the bonds are retired or if the balance in the sinking fund is sufficient to retire the bonds, the county auditor shall notify the governing body of the municipality of its obligation under section 21-03-15 to terminate the levy for payment of principal and interest on the bonds.

The county treasurer or treasurer of the municipality may not disburse any of such fund contrary to the provisions of this chapter, even though so directed by such governing body. The county treasurer or treasurer of the municipality may disburse such fund for the purpose of paying the principal and interest, or either, of the bonds for which such fund was created without any authorization therefor by the governing body. The sinking fund of each bond issue must be kept separate and must be designated by a name indicative of the issue of bonds on account of which it was created.

The sources of such fund must be:

1. All moneys accruing to the borrowed money fund prescribed by section 21-03-38

which at any stage are not needed for the purpose for which the money was borrowed,

and any moneys becoming applicable to the sinking fund must be transmitted by the

treasurer of the municipality to the county treasurer, in case such municipality has a

population of four thousand or less, upon direction therefor by the governing body of

the municipality.

2. All moneys raised by taxation and received from other sources pursuant to section

21-03-15 for the purpose of paying said bond.

3. Moneys derived from licenses or other sources, the expenditure of which is not

otherwise provided for by law, as the governing body may elect to place in the sinking

fund, and which must be paid over to the county treasurer for deposit in such sinking

fund by the treasurer of the municipality, in case such municipality has a population of

four thousand or less, upon a resolution directing such payment by the governing

body.

4. The premium, if any, for which the bonds have been sold over and above the par value

and accrued interest.