9-55-18.1. Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.
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/sd/title-9/chapter-9-55/9-55-18-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any municipality that has created a business improvement district as provided by this chapter, and levied special assessments or general business occupation taxes, or both, may issue and sell bonds payable from the special assessments, business occupation taxes, or both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front footage in the district or the users of a majority of the space in the district petition the municipality to issue the bonds.
Unless the bonds are to be general obligations which pledge the full faith and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of the bonds shall be used only for the purposes for which the collections of the special assessments or general business occupation taxes from which the bonds are payable may be used pursuant to this chapter, to fund a debt service reserve for bonds that are not general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the first collections of the special assessments or general business improvement taxes, and to pay the costs of issuance of the bonds.
The governing body shall, in the resolution or ordinance authorizing the issuance of the bonds, agree that the governing body shall keep the business improvement district in effect, shall continue to impose and collect the special assessments and general business occupation taxes if the bonds are outstanding, and shall pledge so much of the collections of the special assessments and general business occupation taxes as may be necessary to pay the principal of, premium, if any, and interest on the bonds, and to maintain any debt service reserve established for the bonds.
The municipality may also pledge any part of the collections of special assessments or general business improvement taxes, in excess of those pledged to the payment of bonds issued under this section, to the payment of utility revenue bonds issued under chapter 9-40 or tax increment revenue bonds issued under chapters 11-8 and 11-9 , but only if the proceeds of the utility revenue bonds or tax increment revenue bonds are used to finance improvements located, in whole or in part, in the business improvement district.