§8-13B-14. Bonds issued to finance downtown redevelopment district
projects.
The governing body of a municipality may issue bonds or notes
for the purpose of financing redevelopment expenditures, as
described in section five of this article, with respect to one or
more downtown redevelopment district projects within the
municipality. All bonds issued by a municipality under the
authority of this article shall be limited obligations of the
municipality. No municipality may issue notes, bonds or other
instruments for funding district projects or improvements that
exceed a repayment schedule of forty years. The principal and
interest on such bonds shall be payable out of the funds on deposit
in the sub-account established for the downtown redevelopment
district pursuant to section eight of this article, including
without limitation any funds derived from the special district
excise tax imposed by section eleven of this article, or other
revenues derived from the downtown redevelopment project to the
extent pledged for such purpose by the governing body of the
municipality in the resolution authorizing the bonds. To the
extent that the average daily amount on deposit in the sub-account
established for a district pursuant to section eight of this
article exceeds, for more than six consecutive calendar months, the
sum of (1) one hundred thousand dollars, plus (2) the amount
required to be kept on deposit pursuant to the documents
authorizing, securing or otherwise relating to the bonds or notes issued under this section, then such excess shall be used by the
district either to redeem the bonds or notes previously issued or
shall be remitted to the general fund of this state. The bonds and
any interest coupons issued under the authority of this article
shall never constitute an indebtedness of the municipality issuing
the same within the meaning of any constitutional provision or
statutory limitation and shall never constitute or give rise to a
pecuniary liability of the municipality issuing the same. Neither
shall such bond nor interest thereon be a charge against the
general credit or taxing powers of the municipality and such fact
shall be plainly stated on the face of each such bond. Such bonds
may be executed, issued and delivered at any time and from time to
time; may be in such form and denomination; may be of such tenor,
must be negotiable but may be registered as to the principal
thereof or as to the principal and interest thereof; may be payable
in such amounts and at such time or times; may be payable at such
place or places; may bear interest at such rate or rates payable at
such place or places and evidenced in such manner; and may contain
such provisions therein not inconsistent herewith, all as shall be
provided in the proceedings of the governing body of the
municipality whereunder the bonds shall be authorized to be issued.
Said bonds may be sold by the governing body of the municipality at
public or private sale at, above or below par, as the governing
body of the municipality shall authorize.
The bonds issued pursuant to this article shall be signed by the mayor or other chief officer thereof and attested by the clerk,
recorder or other official custodian of the records of said
municipality and under the seal of the municipality. Any coupons
attached thereto shall bear the facsimile signature of the mayor or
other chief officer of the municipality. In case any of the
officials whose signatures appear on the bonds or coupons shall
cease to be such officers before the delivery of such bonds, such
signatures shall, nevertheless, be valid and sufficient for all
purposes to the same extent as if they had remained in office until
such delivery.
If the proceeds of such bonds, by error of calculation or
otherwise, shall be less than the cost of the downtown
redevelopment district project, or if additional real or personal
property is to be added to the downtown redevelopment district
project or if it is determined that financing is needed for
additional redevelopment expenditures, additional bonds may in like
manner be issued to provide the amount of the deficiency, or to
defray the cost of acquiring or financing such additional real or
personal property or such redevelopment expenditures, and unless
otherwise provided for in the trust agreement, mortgage or deed of
trust, shall be deemed to be of the same issue, and shall be
entitled to payment from the same fund, without preference or
priority, and shall be of equal priority as to any security.